Changes to contracts for sale of properties with swimming pools
From 29 April 2015, all properties in NSW with a swimming pool or spa pool that are sold must have a valid swimming pool certificate of compliance attached to the Contract for Sale. Alternatively, an occupation certificate that is less than 3 years old that authorises the use of the swimming pool may be attached instead of a certificate of compliance.
These new requirements amend the Conveyancing (Sale of Land) Regulation 2010 by adding to the existing Prescribed Documents for the purposes of vendor’s disclosure. Therefore, failure to include a certificate of compliance or occupation certificate (if applicable) for contracts exchanged after 29 April 2015 gives the purchaser a right to rescind the Contract for Sale within 14 days after exchange, unless settlement has already occurred.
Home owners should contact their local council or an accredited certifier to obtain a certificate of compliance. For owners of strata properties where there is a pool on the common property, owners should contact their strata manager to request that the owners corporation obtain a certificate of compliance.
From 29 April 2015, all properties in NSW with a swimming pool or spa pool that are leased must also have a valid swimming pool certificate of compliance of occupation certificate (if applicable) attached to the Residential Tenancy Agreement.
Penny Evans, Partner