Selling or leasing a property with a pool or spa

Published 18 Aug 2016
Louis Andreatta

Requirements for contracts for sale of land and residential tenancy agreements changed commencing 29 April 2016.

According to a recent article in the Sydney Morning Herald (13 August 2016), about one-third of Sydney houses on the market with pools fail to comply with the new contract requirements.

Sale of land

Commencing on 29 April 2016 contracts for sale of properties with a pool must attach one of the following prescribed documents according to the Conveyancing (Sale of Land) Regulation 2010 as amended:

• a valid certificate of compliance issued by either the council or an accredited certifier under the Act; or

• a relevant occupation certificate and evidence that the swimming pool is registered under the Act; or

• a certificate of non-compliance.

Failure to attach one of these prescribed documents to a contract entered into on and from 29 April 2016 will result in the purchaser having a right to rescind the contract within 14 days after exchange.

Lease of Land

If a property owner leases a residential premises and the property contains a pool or spa on or from 29 April 2016 and at the time of entering the residential tenancy agreement the property owner must ensure that:

• the pool is registered;

• the pool has a valid certificate of compliance; and

• a copy of the certificate of compliance is provided to the tenant