NSW Pool Laws – April 2016
Are you aware of your obligations as a pool or spa owner in NSW?
The NSW government has just approved laws which relate to all properties that contain a pool or spa. The new laws which had been postponed for over two years due to the scale of non-compliant properties are now in effect.
The number of child deaths or neurological injury due to drowning in Sydney is disturbing. In the last 13 years there has been more that 160 occurrences in New South Wales alone with the majority in Western Sydney. Of those 55% were due to faulty gate latches or gates not closing correctly. The NSW Governments Swimming Pools Act and the public awareness campaign by the Royal Life Saving Society is about reducing these numbers and saving young lives.
These laws have been a long time coming with the difficulty in implementation being the scale of non-compliant properties. A study has show that up to 95% of ALL pools fail there first inspection and require modification of existing fencing or gates.
Who is affected by the changes?
A seller of a property with a pool
A buyer of a property with a pool
A tenant of a property with a pool
A landlord of a property with a pool
Real estate agents selling or leasing a property with a pool
A conveyancer or solicitor transferring the ownership of a property with a pool
Who is exempt?
These new sale laws do not apply to properties with more than two lots and a shared pool, such as units in strata complexes or community schemes.
The new laws apply to the sale or lease of properties with a pool in NSW. The changes aim to improve safety for children under 5 years old around backyards with pools or spas.
From 29 April 2016, properties sold with a pool must have either:
A certificate of compliance; or
A relevant occupation certificate and a certificate of registration; or
A certificate of non-compliance.
When you buy a property with a non-compliant pool, you will have 90 days from settlement to fix any areas of non-compliance.
From 29 April 2016, properties leased with a pool must have either:
A certificate of compliance; or
A relevant occupation certificate and a certificate of registration.
What does this mean for you?
David Macallister from the Royal Life Saving Society said, “Ultimately if you are buying, selling or leasing a property with a spa or pool you absolutely have to have one of the certificates identified above. Certificates can only be issued by either your local Council or an independent certifier who is registered with the Buildings Professional Board.”
“After an inspection, if your spa or pool in non-compliant you will be issued with a Certificate of Non-Compliance. Royal Life Saving would strongly urge you to undertake repairs or maintenance urgently. Alternatively, if you are selling your property you can transfer the obligation of obtaining a certificate of compliance to the purchaser. They then have 90 days from settlement to address the non-compliance and obtain a Certificate of Compliance.”
How can we help?
Frameless glass is an excellent choice for Sydney’s pool areas due to is high degree of safety, it’s durability and longevity whilst having a superior clean look that integrates with modern and traditional styles. Glass With Class are Sydney’s frameless glass specialists when it comes to glass fencing for safety and style. We are consistently recommended by real estate agents for home owners and landlords who require safety and compliance advice, repairs and replacement of non-compliant fence and gates.
All of our work is in accordance with the National Construction Code (NCC) and complies with Swimming Pools Act 1992 (updated) and the associated standards (AS1926). Our glass is AS1288 compliant and all balustrade and fittings as AS1170 compliant.
We can help you comply to the new regulations and get your pool fencing certified quickly. Whether you want your home to be safe for your children, are a landlord who wants peace of mind, or are buying/selling a home and have 90 days to produce a certificate, give us a call.