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.

Swimming pool NSW law changes - attention property owners

Recent changes to NSW swimming pool laws impose new  added obligations on property owners with swimming pools.

 

Property owners must, before 29 October 2013, register swimming pools on their property with their local council and obtain certification, or face a fine.  If this applies to you, you can register, now, online on the NSW Swimming Pool Register, here.

 

Will you be selling your property, with a pool?  You will... one day.  Note the following new requirement.

 

From 29 April 2014, contracts for the sale of land on which there’s a swimming pool, must have attached to them:

1.  A copy of either: a valid certificate of compliance; or an occupation certificate less than 3 years old authorising the use of the swimming pool; and
2. Evidence that the swimming pool is registered – this will be a new additional compulsory prescribed document.  While this is a topic for another article, if a compulsory prescribed document is not attached to a contract at the time it’s entered, the buyer has additional rights to get out of the contract, even if the buyer’s cooling-off period has expired.

Is your property an investment property and you’re not selling?  From 29 April 2014, you won’t be able to lease it without first providing a valid compliance certificate.

  

A major reason for the tightening up of swimming pool laws, of course, is to further combat children drownings and near drownings.

There's still a little time but if you're a pool owner, don't be complacent.

Are you a landlord? Does your rental property have a pool? Double check its safety!

A news story yesterday reported on the rescue by their father of his 2 toddlers from a Sydney suburban backyard swimming pool.  Thankfully, that family averted a near tragedy.

 

News reports also stated that the home was a rental property and, importantly, that the pool’s gate lock was faulty, and section of the pool’s fencing was loose.

 

It’s a timely reminder for all home-owners to effect and maintain their pool safety equipment and to always supervise children playing in or near water. 

 

Property owners too have a legal responsibility, and owe a legal duty to their tenants to eliminate defects in their premises.  See the post I wrote almost a year ago for more on this very topic.

 

Have a happy, and safe, holiday!