In 2012 the Swimming Pools Act 1992 was amended to provide for the following:
•All swimming pool owners were required to register their swimming pool or spa pool on the NSW Government’s Swimming Pool Register by 29 October 2013.
•From 29 April 2014, a copy of the valid Certificate of Compliance or relevant occupation certificate (less than 3 years old and that authorises the use of the swimming pool) must be attached to a residential tenancy agreement or a sale contract to lease or sell any property with a swimming pool or spa pool.
Agents leasing and managing residential property should take the following steps:
•Ensure the pool or spa is registered.
•Obtain a certificate of compliance. In the first instance contact the local council to arrange for this to be issued. Accredited private certifiers can also be used if necessary.
•Attach a copy of a valid certificate of compliance or relevant occupation certificate to residential tenancy agreements entered into from 29 April 2014.
For Strata Schemes
If a strata scheme has a pool on common property it is the responsibility of the Owners Corporation to ensure that:
•The pool is fenced and meets safety requirements.
•The pool is registered.
•They have a valid swimming pool certificate or relevant occupation certificate available by 29 April 2014.
Property managers should contact the Executive Committee or the Strata Manager to confirm that action is being taken to ensure that the property complies and the certificate will be available by 29 April 2014.
Agents should take immediate action to confirm the council inspection and obtain the certificate as work may need to be undertaken before the certificate can be issued and if this is the case then the property cannot be leased until it is issued.
Changes to the Residential Tenancy Agreement
The following additional clauses will be added to the tenancy agreement on 29 April 2014.
40A. The landlord agrees to ensure that at the time this residential tenancy agreement is entered into:
40A.1 the swimming pool on the residential premises is registered under the Swimming Pools Act 1992 and has a valid certificate of compliance under that Act or a relevant occupation certificate within the meaning of that Act, and
40A.2 a copy of that valid certificate of compliance or relevant occupation certificate is provided to the tenant.
(Cross out this clause if there is no swimming pool)
There are no proposed changes to the existing Condition Report as a consequence of the amendments to swimming pool laws.
Property managers must ensure that the correct agreement is used for properties with swimming pools and that the certificate is attached.
Source: Geoff Hunter, EAC Compliance Officer