Selling with a swimming pool – beware

Posted on October 20th, 2016

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selling-with-a-swimming-pool-bewareRobert Lindsay is a Director at Mullane & Lindsay in Newcastle and leads our Commercial & Property Law team.

If Contracts exchange for the sale of a property with a swimming pool, after 29 April 2016, the Vendor must attach one of the following prescribed documents to the Contract:

  • A valid Certificate of Compliance issued by either the municipal council, or an accredited certifier; or
  • A relevant Occupation Certificate and evidence that the swimming pool is registered; or
  • A Certificate of Non-Compliance.

If one of the above documents is not attached to the Contract at the time of exchange, then the purchaser has a right to rescind the Contract within 14 days after exchange of Contracts. If the purchaser rescinds, the Contract will be at an end and the deposit paid by the purchaser at the time of exchange of Contracts must be refunded to the purchaser.

If the owner of a property with a swimming pool is considering selling that property, then Mullane & Lindsay advises the owner to make an application for a Certificate of Compliance from the Council. It often happens that the council (or the accredited certifier) requires work to be done in order for the pool to comply with the Swimming Pools Act before the Certificate of Compliance can issue. The work required can be carried out in an orderly fashion before the marketing of the property commences.

If a Certificate of Non-Compliance is attached to the Contract, then the purchaser must rectify the defects referred to in the Certificate of Non-Compliance within 90 days from the date of Completion of the Contract and then obtain the issue of a Certificate of Compliance. Failure to do so may result in a penalty being imposed on the purchaser of the property.

If a property including a swimming pool is leased after 29 April 2016 then the property owner must ensure that:

  • The pool is registered;
  • The pool has a valid Certificate of Compliance; and
  • A copy of the Certificate of Compliance is provided to the tenant.

Robert Lindsay is a Director at Mullane & Lindsay, and practises extensively in Commercial Law, Property Law and Wills & Estate Planning. If you require any assistance in this area please contact Robert Lindsay to arrange a consultation or contact our Newcastle office. 

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