If you own a NSW property with a swimming pool, you need to be across the latest amendments to the Swimming Pools Act 1992. Owners of properties with a swimming pool must register their pools by 29 October 2013. If you don’t, you risk a $220 fine.
Registering your swimming pool is easy. You can either:
- register it online for free at www.swimmingpoolregister.nsw.gov.au; or
- for a small fee (ie $10), complete a registration form and take it to your local council. Here is a link to Waverley Council’s relevant webpage, which has a link to the registration form: Waverley Council pools info page. Waverley Council will charge a $10 fee if you choose to register your pool in this way.
You will need to provide a few details (name, address, contact details, type of pool, and approximate age of pool) and then complete a self-assessment of your pool’s compliance with a checklist.
The definition of swimming pool is very broad, and would include a spa pool, and even an above ground portable pool. This raises compliance issues for landlords because a tenant could install a potable pool on his or her property without the landlord’s knowledge.
After 29 April 2014, if you are selling or leasing a property with a swimming pool, you must provide a valid compliance certificate for the swimming pool with the lease or sale agreement. A multi-occupancy dwelling automatically requires a compliance certificate. The legislation also outlines requirements for councils, including organising a pool barrier inspection program by 29 October 2013, and issuing compliance certificates valid for three years after an inspection of a compliant pool.
We are yet to see details of a Council’s inspection or certification program. However, we expect that the certification process will need to be relatively efficient in order to meet the requirements of the leasing and sale process. The legislation also allows for private certification, which should ensure that certification can quickly be obtained if necessary.
