From 29 April 2016, all properties in NSW with a swimming pool or spa pool cannot be sold or leased without a valid certificate.

These changes apply if you are the owner of a property with a swimming pool or spa pool. In a strata scheme, all the lot owners jointly own any swimming pool or spa pool that is on common property. The owners corporation is responsible for ensuring there is a valid certificate of compliance or a relevant occupation certificate for pools and spas.

Leasing a property with a swimming pool or spa pool

Landlords and real estate agents must ensure that any residential tenancy agreement entered on or after 29 April 2016 for any property with a swimming pool or spa pool:

  • has a valid swimming pool certificate of compliance or a relevant occupation certificate, and  
  • a copy of the certificate of compliance is provided to the tenant.

Selling a property with a swimming pool or spa pool

If you are selling any property with a swimming pool or spa pool on and after 29 April 2016 you must ensure the contract for sale includes:

  • a valid swimming pool certificate of compliance or a relevant occupation certificate issued within the last three years, and  
  • a certificate of registration.

Failure to attach the certificates may allow the purchaser to rescind the contract within 14 days of exchange, unless settlement has already occurred.