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Swimming pool laws deadline and last chance to comment on disclosure of homes with loose-fill asbestos insulation

April 2016

Make sure you know what is required when you sell or rent out property with a swimming or spa pool from 29 April. Also, tomorrow (Friday) is the last day to comment on proposed disclosure obligations involving homes 
in NSW containing loose-fill asbestos insulation. 
 

Don't put safety or your sales at stake - understand swimming pool laws

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Agents - be aware of your responsibilities when selling property or managing rented property with pools in NSW, including spa pools.

29 April is the deadline to comply with the additional requirements below. 

Requirements for sales agents

To sell property with a swimming pool or spa pool, you must attach to the sales contract a valid copy of one of the following documents issued in the last 3 years:

  • certificate of compliance
  • relevant occupation certificate (together with evidence that the pool is registered), or  
  • certificate of non-compliance.

If this is not done, the buyer may rescind the contract within 14 days of exchange, unless settlement has already occurred.

These requirements do not apply to off-the-plan property or to properties in a strata or community scheme that has more than two lots.

Be aware that a certificate of non-compliance transfers to the buyer the seller’s obligation to obtain a certificate of compliance. The buyer has 90 days from the date of settlement to rectify defects listed in the certificate and obtain a certificate of compliance. For further information on this, refer to the NSW Office of Local Government and NSW Land and Property Information (LPI) websites. 

Requirements for property managers

When a tenancy agreement is entered into, the real estate agent (acting on behalf of the landlord) must give the tenant a copy of the valid certificate of compliance or occupation certificate for a property with a swimming pool or spa pool.

Clause 40A of the residential tenancy agreement will be amended to provide that this obligation does not apply to properties in a strata or community scheme that has more than two lots. You can continue to use existing stock of standard form residential tenancy agreements with an addendum, which will be made available on our Forms page.  

The New Tenant Checklist will be updated from 29 April 2016. You can continue to use the current version of the checklist with an addendum, which will be available by that date on our website.  

How to obtain certification

To arrange a compliance inspection, pool owners should contact their local council or find a private swimming pool certifier listed on the NSW Swimming Pool Register website.  

More information

The Office of Local Government is the main authority for swimming pool laws in NSW. You can also learn more on our Swimming pools page.
 

Have your say on laws to enable a loose-fill asbestos register of homes

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Law changes are proposed to establish a public register of NSW residential properties known to contain loose-fill asbestos insulation.

If a property tests positive for loose-fill asbestos insulation, it would be listed on the public register. The information about the property in the register would need to be disclosed as a material fact to prospective tenants and home buyers.

This public consultation closes on Friday 15 April. To view the proposed changes and find out how to comment, visit the Have your say page.

What assistance exists if residents’ homes are affected?

If a property is found to contain loose-fill asbestos insulation, home owners and tenants may be eligible for assistance and support through the NSW Government Voluntary Purchase and Demolition Program.  

NSW Fair Trading is managing this program. To find out more, visit the Loose-fill asbestos insulation section of our website. Here you can also subscribe for email updates to keep you informed about the program and upcoming information sessions in NSW.
 
fairtrading.nsw.gov.au