The Swimming Pool Laws were changed so as to require anyone selling or leasing a property which included a swimming pool to obtain a Compliance Certificate from the Local Council and to attach that Certificate to the Contract for Sale or the Lease. These requirements were to come into effect as from the 29th of April, 2014.

The government has now extended the deadline for when these requirements come into effect until the 29th of April, 2015. Whilst it may be tempting to therefore put this issue in the too hard basket for another year, the problem is that the process of firstly registering the pool and then obtaining the required Certificate is taking up to three (3) to four (4) months. Therefore, if you want to sell or Lease a property but haven’t sorted out these requirements, you may be held up from selling or leasing the property for a further three (3) or four (4) months when you want to put the property on the market.

We suggest that anyone with a pool and who has not already registered their pool on the Pool Register, should do so now. The registration can be
completed online at http://www.swimmingpoolregister.nsw.gov.au/. If you are unable to complete the online documentation, the Penrith City Council will assist you to complete the form, but they charge a $10.00 administration fee.

Regardless of whether a property owner has registered their pool, the Councils are conducting random audits of properties and if it is found that a
property has a pool which has not been registered then the Council can fine the owner. In short, everybody should register their pool.

If you want to sell or lease your property you then have to apply to the Council for a Compliance Certificate. It seems that the vast majority of pools do not strictly comply with the safety requirements so that in virtually all cases, there has to be an initial inspection which then leads to the property owner having to carry out work on the pool or the fencing and then at least one (1) more inspection before a Certificate can be obtained. This is why it can take three (3) to four (4) months.