Pool certificates: a guide for agents and conveyancers

Agents and conveyancers see pools every week. This is the short version of what NSW requires.

Sales

The contract for sale must include a registration certificate from the NSW Swimming Pool Register and one of:

• a valid certificate of compliance (valid for 3 years)
• an occupation certificate issued within the last 3 years
• a certificate of non-compliance

If none is included, the buyer may rescind within 14 days of exchange, unless settlement has already happened.

With a certificate of non-compliance, the buyer must fix the listed defects and get a certificate of compliance within 90 days of settlement. That doesn't apply if the certificate says the pool is a significant risk to public safety.

Exempt: lots in strata or community schemes with more than 2 lots, and off-the-plan sales.

Leases

Landlords or agents must give tenants a copy of a certificate of compliance or an occupation certificate. A certificate of non-compliance can't be used to lease. Strata and community lots in schemes with more than 2 lots are exempt.

Avoiding delays

• Book the inspection when you list, not after the first offer.
• If the pool fails, the owner gets a clear list of fixes and can still sell with a certificate of non-compliance.
• Check any certifier's licence on the NSW public register. Garry's licence is BPB2932.

We work with agents and conveyancers across the area. See agents and conveyancers or call 0417 277 164.