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Landlords must comply with new pool laws

30 April 2013 Reporter

New laws around pools in NSW will mean landlords and property managers must supply tenants with a certificate of compliance before leasing the property.

The changes are part of recent amendments to the Swimming Pools Act 1992, which also stipulates that from yesterday, all owners of backyard pools in NSW must register their swimming pool with the NSW government.

In the case of a property for lease with a swimming pool, from 29 April 2014 there must be a valid certificate of compliance in place (or an occupation certificate issued within the last three years) at the time the residential tenancy agreement is entered into and a copy of that certificate must be given to the tenant. 

Following extensive consultation with councils, water safety advocates, pool owners, state agencies, and industry organisations, the NSW government passed the Swimming Pools Amendment Act 2012 late last year.

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The Act is aimed at improving compliance with pool barrier requirements, and increasing the safety of backyard pools and reducing the number of child drownings. 

The NSW government has set up an online swimming pool register, and all pool owners must enter their swimming pool on this register. 

Swimming pool owners must register their pool by 29 October 2013. If they don’t register by this date, they risk being fined up to $2,200.

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

Landlords must comply with new pool laws
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