Pool Safety Just Got Serious …

From 29th April 2016 Home owners/ Landlords/ Real Estate Agents/Body Corporates/Resorts, Hotels, Motels and Caravan Parks will need to comply with The New South Wales Government Swimming Pools Amendment Act 2012.

You will need a NSW Compliance Certificate for a Swimming Pool/Spa if you are:-

Selling your house/unit with an existing pool or spa

A copy of either of the following must exist

      ( a ) A valid Certificate of Compliance, or

      ( b ) A relevant Occupation Certificate issued under the Environmental Planning and Assessment Act 1979

that is less than 3 years old and that authorizes the use of the swimming pool

Refer to Clause 16 of the Conveyancing (Sale of Land) Regulation 2010

Renting your house/unit with an existing pool or spa

      ( a ) The pool must be registered on the State Pool Safety Register, and

      ( b ) A valid Certificate of Compliance must exist, and

      ( c ) A copy of the valid Certificate of Compliance is provided to the tenant

Refer to Clause 40A of the Residential Tenancies Regulation 2010

The Certifier will perform all work necessary to comply with relevant statutory requirements, including:

(1) Inspecting the swimming pool

(2) Assessing whether the swimming pool complies with the requirements for the issue of a certificate of compliance under s.22D Swimming Pools Act 1992

(3) If the swimming pool complies, issuing a certificate of compliance to the Client

(4) If the swimming pool does not comply, issuing a written notice under s.22E Swimming Pools Act 1992 indicating the items of non-compliance

(5) Forwarding a copy of the notice to the council if required to do so by s.22E Swimming Pools Act 1992

(6) If necessary, re-inspecting the swimming pool

(7) Updating the property record on the NSW Swimming Pool Register, as required.

Note: if a notice is issued for non-compliance, the Client will have six weeks to comply with the terms of the notice. If not complied with, the notice will then be forwarded to the local council. However, if the pool is deemed a risk to public safety, the notice will be forwarded immediately.

THE COST: $ 330.00 Including GST

(If it is deemed necessary a further $100.00 Inc. GST, for each subsequent re-inspection will be required)

The flat rate is for single dwelling residential buildings only. It does not apply to commercial, industrial or residential buildings with multiple tenancies.

For Inspections Every 3 years

Local Councils are only required to inspect registered pools and spas every 3 years. Councils issue “Directions” and “Enforcement Notices”, which only give the Owner/Landlord 28 days to fix problems.

Councils can impose FINES of $550 if you do not comply within 28 DAYS. Council will look at everything in the backyard, not just the pool, which could bring on more “Directions”.

Smaart Building Consultancy is a Government- Licenced Certifier who is qualified to issue NSW Government Compliance Certificates. We have an E1 (Swimming Pool Certification) issued by the Building Professionals Board of NSW.

If your Pool and/or Spa are found to be non-compliant, we will discuss with you the areas of non-compliance and re-inspect at a later date. You have six weeks to rectify the non-compliance before we are obliged to notify the local council.

For more information: NSW Buildings Professionals Board