New laws have come into effect over swimming pools affecting everyone with a pool or spa in their backyard. This includes renters, landlords, buyers and sellers.
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All properties will now need to be registered with the local council to receive a certificate of compliance to show it meets with NSW regulations, especially if a property is being sold or leased.
A valid certificate is needed to show the owner has ensured everything meets the legal requirements, such as appropriate fencing, and can be obtained after an inspection either by a council official or certified person from the Building Professionals Board.
PRD Dapto Real Estate general manager Tracey McDonald said it’s still possible for people to sell a property without a certificate, but they need to tell their solicitor or conveyancer it’s non-compliant otherwise the contract can become void.
Similarly, if the buyer is concerned they should ask.
“If they sign and accept the contract they then take ownership … and it’s up to them to get it fixed,” said Ms McDonald.
The NSW Government has given buyers three months from the date of settlement to get the pool up to scratch and organise a certificate.
Renters will not be penalised under the new laws, though new leases must have a certificate of compliance attached.
Existing tenants can ask to see a certificate because “there’s still an obligation” says Ms McDonald.
“There’ll definitely be older pools that won’t meet the requirements, because [the regulations are] fairly strict with heights of fencing and things like that,” she said.
“With some of the really older properties vegetation around pools and things that might have been done after they’ve got certificates may no longer comply now.”
New data from Royal Life Saving New South Wales has revealed 55 per cent of all drowning deaths for children aged five and under occurs in the backyard.
Across the state 83 young children have drowned in the past 13 years and a further 80 kids have suffered brain damage.
Royal Life Saving operations manager Michael Ilinsky said the Illawarra and Shoalhaven’s track record was one of the best, having recorded just two deaths in that time.
“It’s a fairly positive and strong result but that doesn’t mean we can be complacent. It means we need to ensure the 17,000 [pool owners in the region] continue to do the right thing,” he said.
For further details visit: www.swimmingpoolregister.nsw.gov.au