New swimming pool laws came into effect on the 29th April, 2016.
If your property contains a swimming pool or spa, it is now mandatory that a Certificate of Compliance OR a valid Occupation Certificate OR a Certificate of Non-Compliance is contained in the Contract for Sale of the property at the time of exchange. To obtain either of these certificates, you will need to contact your local Council or an accredited swimming pool inspector to arrange an inspection. Fees vary from about $150 to $300.
If a Contract contains a Certificate of Non-Compliance the liability normally passes to the Purchaser on settlement and provides that the pool is made compliant within 90 days after settlement of the Contract.
Further, a Certificate of Compliance is now required in all Residential Tenancy Agreements. It is therefore important to keep this in mind if you are purchasing a property that contains a Certificate of Non-Compliance as you will not be able to lease the property out until you bring the pool/spa up to standard and are able to obtain a Certificate of Compliance.