Pool Inspections Wollongong

Changes to the NSW Swimming Pool Act, the Conveyancing Act and the Tenancy Act in 2016 significantly altered the requirements of owner’s obligations when selling or leasing a property. The following information may help clarify the changes and your obligations as a Pool owner in NSW.

The Changes to legislation what I need to know

In April 2016, the implementation of legislation was introduced for sellers of a property and owners wanting lease their property to provide a compliance certificate or non-compliance certificate when selling or leasing.

Selling A property: The owner is obligated to provide attached to the contract of sale a Certificate of Compliance or a Certificate of non-compliance in regards to the pool barrier. (The NSW Conveyancing Act)

Leasing A property: Only a certificate of compliance can be issued prior to the leasing of a property. No allowance for a certificate of Non-compliance will be accepted (The NSW Tenancy Act)

Who can Inspect My Pool?

Only a licenced Certifier (licenced Swimming pool inspector Lic, No bdc2542) can inspect and issue certificates. Make sure the person you engage has the relevant licence and insurance requirements to undertake and issues certificates and notices.

Council can also inspect and issue certificates / notices. Council are the Authority in each individual area.

Process

Once a comprehensive pool safety inspection has been performed, the pool will be found to be either Compliant or Non-Compliant under the relevant standard for your pool.

When assessing your pool, the inspector gives reference to the following and in this order:

  1. The National Construction Code Part 3.9.3 Swimming Pool Access.
  2. The Swimming Pools Act 1992.
  3. The Swimming Pool Regulations.
  4. AS 1926-1986.
  5. AS 1926.1-2007.
  6. AS 1926.1-2012.

Depending on the age of the pool / when it was installed will depend on what AS is appropriate for that particular pool. Individual self-assessment can be undertaken on the NSW Swimming Pools Register. However, interpretation of the relevant legislation remains with the inspector.

Compliant

If the pool is found to be compliant, then a Pool Barrier Compliance Certificate will be issued to the owner within 2 business days and the pool will be entered into the NSW Swimming Pool Register as compliant. The certificate of compliance remains in existence for a period of three years. In the case of a leased property, this certificate will require updating / re-inspecting every three years.

Non-Compliant

If the pool is found to be in breach of the law, then the owner will be issued with a Non-compliance certificate and a Pool report with listed breaches that require upgrading. This report will be listed as a Notice Section 22E of the NSW Swimming Pool Act.

Second Inspection

If your pool is deemed to have non-compliant issues, and you are issued with a Notice, you will require to rectify these issues to obtain a certificate compliance. A second inspection will be required and an additional cost will be applied.

If you are proposing to lease your property you will most definitely requires a second inspection to obtain a certificate of compliance.

If you’re selling a house you can ultimately sell with a Non-compliance certificate attached to the contract. This certificate will be in existence for a period of 12 months. The report should be forwarded onto the purchaser so they know the issues that require rectification. The purchaser has a period of 90 days from the date of settlement to rectify the issues.

Council

Following the inspection if a non-compliance certificate and a Notice Section 22E has been issued, the owner has a period of six weeks to rectify the issues or the Notice will be forwarded to council for follow up. Generally, if the notice does not contain any immediate safety issues, council will recognise the house is for sale and file the report for follow up.

Council processes are outside our scope, you should contact your individual council for their specific procedure’s for compliance.

Immediate Safety Breach

If the inspector deems one or more of the breaches to be an Immediate safety hazard, then the inspector is obligated to forward the breach notice immediately to council. Again, understanding councils’ approach to dealing with an immediate breach is outside our scope, you will have to make enquiries with the specific council you are in.

Greg is a fully licenced Swimming pool inspector Lic, No bdc2542 and can advise on how best to resolve each and every issue, and may be able to complete minor repairs as well, if needed.

Understanding and interpreting the legislation can be complicated, should you need further information regarding your obligations please don’t hesitate to contact us.

See the NSW pool self-assessment checklist: Pool inspection self-assessment checklists — NSW Swimming Pool Register

To register your pool use the link below :

Register your NSW Pool Now — NSW Swimming Pool Register