Selling your property with a swimming pool

In New South Wales, owners have requirements under the Swimming Pools and Conveyancing Acts to provide evidence to buyers that the swimming pool or spa on the property is safe and meets legislative requirements. 

If you are selling a property with a swimming pool or spa, you are required to provide one of the following “prescribed documents” with a Contract for Sale of Land along with a Certificate of Registration:

1. A valid Certificate of compliance;

2. An Occupation certificate issued under the Environmental Planning and Assessment Act 1979 that is less than 3 years old and that authorises the use of the swimming pool; or

3. A valid Certificate of non-compliance.

If you are issued with a non-compliance certificate that means the swimming pool or spa is considered to be a public safety risk. Owners must provide the non-compliance certificate with the Contract for Sale of Land, passing the obligation to rectify the defects and obtain a certificate of compliance to the buyer on settlement. The buyer then has 90 days after settlement to make the swimming pool or spa compliant.

To discuss selling your property with a swimming pool or you require more information on how to apply for the certificate, please contact our property team.

Article produced by Gayna Borg