Sale and Tenancy Agreements

If you're selling or purchasing a property with a swimming pool, read our summary of rules for contracts of sale and rental, and tips for vendors and prospective buyers.

Contractual rules for properties with pools

Selling or purchasing a property with a swimming pool

Current rules for contracts of sale

Under the Conveyancing (Sale of Land) Regulation 2017 a warning notice is required within the contract of sale stating the owner of a property on which a swimming pool is situated must ensure that the pool complies with the requirements of the Swimming Pools Act 1992.

Prospective purchasers considering a property with a pool should get the pool inspected prior to purchasing.

At the very least, if you're buying a property with a swimming pool or spa, you should check to see if the pool is recorded in the NSW Swimming Pool Register.

Sale contract changes due in April 2016

From 29 April 2016 it will be compulsory that properties for sale with a pool have a current certificate of compliance or occupation certificate in the contract of sale.

Renting / leasing a residential property with a pool

Current rules for residential tenancy agreements

Under the Residential Tenancies Regulation 2019, the landlord agrees to ensure that the requirements of the Swimming Pools Act 1992 have been complied with in respect of the swimming pool on the residential premises.

Changes due in April 2016

From 29 April 2016 landlords will be required to include a current pool current certificate of compliance or in the leasing agreement before being able to lease a property with a pool.