Regulatory change around swimming pools in residential properties has been on the cards for some time.
In March 2015 I sat in on a seminar which prepared legal practitioners for the imminent introduction of changes to the Conveyancing (Sale of Land) Regulation 2010, obliging vendors to ensure that their swimming pool barrier is compliant when it is placed on the market for sale.
Ultimately, the commencement of the regulations was delayed some 12 months and as recently as 3 weeks ago, rumours were rife that a further delay was to be announced.
Alas, no such delay came about and instead, the new amendments will commence on Friday 29 April 2016. This means that any contract exchanged on or after this date must have either a Certificate of Compliance or (less appealingly) a Certificate of Non-Compliance, attached to it.
Failure to attach a Certificate may mean the purchaser has a right to rescind the contract under s66R of the Conveyancing Act.
If you haven’t already arranged to have a certificate issued for your pool and you’re looking at selling your home, the time has come to call your local council to arrange to have an inspection.
If you’re considering purchasing or selling a property – pool or not – feel free to call us (+612 9016 0141 or +612 4961 0002) for an obligation free chat about the process.
This publication is © Nexus Lawyer Group and is for general guidance only. Legal advice should be sought before taking action in relation to any specific issues.