12 November, 2014

Got a a pool? Don’t allow it to turn your property into a white elephant!

Q: What’s a white elephant?
A: a possession which its owner can’t dispose of and whose
     cost, particularly that of maintenance, is out of proportion
     to its usefulness.
 
In my previous post on this topic last year, I summarised changes to NSW swimming pool laws that added new obligations on property owners with swimming pools.
 
There are 2 parts: the requirement to register swimming pools; and the requirement to obtain a valid compliance certificate.
 
The registration part is relatively simple in that it can be done online. As for obtaining the compliance certificate, the original deadline of 29 April 2014 was earlier this year changed to 29 April 2015. If you’re a property owner with pool, for various reasons, that date will be approaching faster than you think.
 
From 29 April 2015, all properties with a swimming pool (or spa pool) that’s to be sold or rented to tenants must have a valid compliance certificate or occupation certificate.
 
There is the cost of compliance, of course, but even for the more diligent pool owners the bigger problem is the reported shortage of both available council inspectors and private certifiers.
 
Anecdotal feedback from my clients is consistent with media reports, such as the article I just referred to. It can months, some report up to 6 months, to start and finish the process of obtaining compliance certificate!
 
Why should you care? As it presently stands, aside from the risk of fines, from 29 April 2015, a property owner with a pool without a valid compliance certificate won’t be able to:
  • lease their property; or
  • to sell, or offer to sell, their property.
If you intend to sell or lease in 2015, don’t let your pool turn your property into a white elephant! Think about applying for your compliance now.

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