Are you in the process of buying or selling a property?
Are you leasing a property?
Is a swimming pool or spa on the property?
After a number of deferred start dates, new legislation has commenced today in New South Wales affecting conveyancing and leasing of properties with swimming pools and spas.
For sales of property from 29 April 2016, there is now a requirement pursuant to the Conveyancing (Sale of Land) Amendment (Swimming Pools) Regulation 2016, for:
- a certificate of compliance;
- certificate of non-compliance; or
- an occupation certificate (less than 3 years old) and certificate of registration
to be annexed to a contract for sale as a prescribed disclosure document.
For new leases entered into from 29 April 2016, the standard prescribed residential tenancy agreement provides that the landlord has registered the swimming pool and obtained a certificate of compliance or occupation certificate. The landlord must also provide the tenant with a copy of the certificate when entering into the lease.
What do the changes mean for you?
For a vendor, if you have not already booked in an inspection with Council or an accredited certifier – do so immediately! Inspectors will no doubt be flat out with bookings due to the high number of properties in our experience that are unlikely to comply and last minute preparedness of property owners. We can assist you to ensure that the pool is registered and that you satisfy your disclosure requirements.
For a purchaser– beware of a non-compliance certificate being included in a sale contract which puts the onus on you to address any non-compliance within 90 days of settlement! We will advise you of your rights and obligations before contracting to ensure you do not incur any unexpected pool compliance costs passed on by the vendor.
For a landlord- you do not have an alternative to provide a non-compliance certificate. Therefore you need to ensure that the swimming pool satisfies the compliance requirements. For a new lease, arrange an immediate inspection and be prepared for the potential delay in letting and costs involved to obtain a compliance certificate.
Please do not hesitate to contact Lee-Anne Dimmock or our team of property lawyers at McDonald Johnson with any questions you may have.