If you have not yet registered your swimming pool on the Government register then now is the time to act! All residential swimming pools must be registered on-line by 29 October 2013 after which fines may apply.
In accordance with changes introduced by the Swimming Pools Amendment Act 2012, all pool owners must complete a “self-assessment” checklist and register their swimming pool on the online register maintained by the NSW Government. There are different checklists which apply depending upon when the pool was constructed which are available at www.swimmingpoolregister.nsw.gov.au. The checklist will help you determine if your pool fence meets the relevant Australian Standards. There is no fee to register on-line.
If you do not wish to undertake your own self assessment and registration you can arrange for Council or a private certifier to inspect your pool and provide a swimming pool compliance certificate. Council may only charge up to $10.00 to register the pool on your behalf but can charge up to $150.00 to carry out the inspection and issue the certificate. If a second inspection is required before the certificate can be issued than Council is permitted to charge up to a further $100.00. Private certifiers will set their own schedule of fees for carrying out inspections.
From 29 October 2013, you may be fined if you have not registered your pool. The maximum fine is $220.00. However, if the matter is referred to Court by the inspector, a fine of up to $2,200.00 may be imposed.
Currently, there is no obligation for private pool owners to obtain a swimming pool compliance certificate. The only obligation is to register the pool on the on-line register. However, effective from 29 April 2014, a valid compliance certificate must be obtained if you wish to sell or lease your property. A copy of the certificate must be annexed to the Contract for Sale in accordance with changes to the Conveyancing legislation or provided to the tenant under changes to the Residential Tenancy legislation. If you have an Occupation Certificate that is less than three years old and that authorises the use of the swimming pool then that can be attached to the Contract instead of the compliance certificate.
If you own a unit in a multi-occupancy development which contains a swimming pool, such as a strata title scheme, then you must still provide a compliance certificate if you sell or lease your unit. The compliance certificate will be obtained by the Owners Corporation who will hold it and make it available to lot owners as required. Unlike private residential properties, multi-occupancy developments must maintain a compliance certificate at all times.
A compliance certificate is valid for three years from the date of issue unless a subsequent inspection finds the pool to be non-compliant.
For further information in relation to the changes to the Swimming Pools Act please do not hesitate to contact us.