Selling property with a pool or spa

When establishing a contract for the sale of a property, you must obtain at least one of the following two items to be able to legally complete the sale of the property.

1. Either a swimming pool barrier certificate of compliance issued under the Swimming Pools Act 1992 or a valid swimming pool barrier certificate of non-compliance issued under the Swimming Pools Regulations 2008.

2. A relevant Occupation Certificate that has been issued within the previous three years and evidence that the swimming pool is registered under the Swimming Pools Act 1992.

What is a certificate of non-compliance?

 Vendors are able to transfer the obligation of obtaining a certificate of compliance to the purchaser. The transfer will be realised through the attachment of a certificate of non-compliance to the contract for sale.

  • The certificate of non-compliance will be generated from the Swimming Pool Register. The procedures will be generally the same as generating a certificate of compliance.
  • The certificate of non-compliance must be issued within 7 days after inspection.
  • The certificate of non-compliance is valid for 12 months
  • If the sale is completed with a certificate of non-compliance, the buyer will have 90 days from the date of settlement to rectify defects listed in the certificate of non-compliance and obtain a certificate of compliance.
  • Where a local authority inspecting a swimming pool believes that the pool represents a significant risk to the public, a ‘direction’ can be issued immediately (section 23(6)
  • An accredited certifier that has served a notice for a non-complying pool barrier is required to refer the notice to Council under section 22E(4) of the Swimming Pools Act 1992 to discharge their obligations. 
Are there any exemptions from the sale provisions?
  • Contracts relating to a lot in a strata scheme (within the meaning of the Strata Schemes Management Act 1996) or in a community scheme (within the meaning of the Community Land Development Act 1989) and that strata or community scheme comprises more than two lots.
  • Contracts relating to an off the plan contract (within the meaning of section 66ZL of the Conveyancing Act 1919).