Pool Certificates in Demand

As the 29 April 2014 deadline draws closer, REINSW is advising agents to encourage their vendors and landlords not to leave it to the last minute to obtain swimming pool compliance certificates.

“We have some concerns about the ability of inspectors to respond to the demand,” REINSW CEO Tim McKibbin said.

From 29 April 2014 property owners with a swimming pool or spa pool (as defined by the Swimming Pools Act 1992 (NSW)) will be required to register their pool and produce a certificate of compliance before they can sell or lease the property.

“We recently wrote to the Minister for Local Government Don Page asking him to review the resources charged with the obligation of responding to the additional demand and satisfy himself that the market will be able to respond,” Mr McKibbin said.

“If those resources, on reasonable assessment, are unable to adequately respond and will as a consequence impede the transaction of property, then we suggest that some transitional procedures be implemented as a part of the commencement of the legislation.

“It is not appropriate for properties to sit idle until a certificate of compliance can be obtained.

“I did not gain a lot of comfort from the Minister’s response.”

In his letter to REINSW, the Minister said: “Please be assured that the Division of Local Government and I continue to monitor the situation. As an example, the Division is contacting councils to discuss their preparedness for the new sale and lease provisions.”

“I still hold concerns as to whether or not the market and specifically councils and other providers of these certificates can respond and unfortunately, I’m predicting that we are going to see some issues,” Mr McKibbin said.

“I urge agents to systematically work through the properties they are responsible for and ask their clients to obtain these certificates now, as the certificate has a three-year life cycle.”

Selling a property

From 29 April 2014, where a property with a pool is being sold, a valid certificate of compliance (or an occupation certificate issued within the last three years) and valid certificate of registration must be annexed to the Contract for Sale of Land. Failure to annex the certificate means that the purchaser may rescind the contract at any time within 14 days of exchange (unless settlement has already occurred).

Leasing a property

In the case of a property for lease with a pool, the pool must be registered and it must have a valid certificate of compliance (or an occupation certificate issued within the past three years) at the time the Residential Tenancy Agreement is entered into and copy of that certificate must be given to the tenant.

For more information visit www.swimmingpoolregister.nsw.gov.au

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