For vendors of properties with swimming pools, the new swimming pool legislation meant that a certificate certifying compliance with the regulations needed to be attached to their sale Contract.
Failure to comply with the regulation meant purchasers could to get out of the Contact for a period of 14 days after entering into the Contract. This requirement was set to start on 29 April 2014.
The Department of Local Government has announced by circular to local Councils that the requirement to include a Certificate of Compliance or Occupation Certificate in a Contract for the Sale of Land or a Lease of property with a swimming pool has been pushed back to 29 April 2015. At this stage legislation has not yet been amended to reflect the above, but we assume it will be in the near future.
Both local councils and private certifiers report that many pools still don’t comply. Reinspections are required after additional work is completed. Owners are finding the regulations quite onerous, and they are finding that Certificates cannot be obtained quickly enough for their sale timetable.
The Government move appears to recognise the practical problems that have emerged. The 29 April 2014 start date was set to cause a lot of uncertainty, especially in auction sales.
Notwithstanding the extension of time, it is important for owners of properties with pools to address the requirements of the legislation and to be aware of the requirements to obtain certificates in the future and to allow time for rectification of any non – compliance.
MatthewsFolbigg Lawyers, Parramatta, are the leading property lawyers in Western Sydney. Our expert team of property lawyers are able to advise on all areas of property law including leasing and strata.
If you would like to discuss further, you should contact our property team at Matthews Folbigg on 9635 7966
