Nobody Likes Unlawful Dips – Make Sure Your Pool Is Registered

Is your swimming pool registered? If not, you may have some problems.

Fortunately, you can rectify it – but you must act quickly. The Swimming Pools (Amendment) Act 2012 came into effect on 29 October 2013 and created a number of important amendments to the existing Swimming Pools Act 1992. Probably the most important of these is that all home owners must have registered their swimming pools by the commencement date. We’ll look at a few other consequences for swimming pool owners in this blog.

As summer gets into full swing, we are hearing an increasing number of reports – from both clients and contacts at local councils – that there are quite a few people out there who still haven’t registered their swimming pool and that there are quite a few inspections taking place and fines being handed out to those that haven’t complied (penalty notice amount of $220). If you haven’t already done so, you can make the necessary application to register your swimming pool online at www.swimmingpoolregister.nsw.gov.au.

Swimming pool owners will also be required to provide a valid compliance certificate before they can sell or lease their property. This requirement comes into effect for all sales and leases from 29 April 2014 onwards. It is important to be aware of this – the last thing you want is, for example, a contract for sale of your home being delayed, or even terminated, due to the failure to comply with this relatively simple requirement. The compliance certificates will be issued by local councils and it is likely that there will be an associated fee for inspections up to a maximum of $150. You can arrange for the inspections can be carried out by accredited certifiers under the Building Professional Act 2005 (NSW).

The above is not intended as legal advice. You should obtain legal advice in relation to your own specific circumstances.

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