Can you sell a house in NSW with a non compliant pool? You can, but there are several important rules around this that both the buyer and seller will need to take into account before putting pen to paper…

In New South Wales (NSW), if you are selling a property that has a pool or a spa, there are specific requirements that must be met to comply with current regulations. If a pool or spa is non-compliant, it is still possible to sell a house, but there are certain obligations that must be fulfilled.

Firstly, the pool or spa must be registered on the NSW Swimming Pools Register, and this registration evidence must be included in the sale contract. Additionally, the Contract for Sale must disclose whether or not the pool or spa is compliant or non-compliant with current regulations.

If the pool or spa is non-compliant, the seller is required to provide either a certificate of non-compliance or an occupation certificate, as well as any relevant inspection reports. At the request of the pool owner, a registered swimming pool inspector can inspect the pool or spa prior to the sale or lease of the property and issue either a certificate of compliance or non-compliance.

So yes, it is possible to sell a house with a non-compliant pool in NSW, but the pool must be registered, and the seller must provide certain documents, including a certificate of non-compliance or occupation certificate, and inspection reports. 

It is important to disclose whether the pool is compliant or non-compliant in the Contract for Sale, and it is recommended to have a registered swimming pool inspector inspect the pool before the sale or lease of the property.

Can you sell a house without a pool safety certificate NSW?

No, in NSW, if you are selling a property that has a pool or spa, it is required by law to provide a certificate of compliance, non-compliance, or an occupation certificate in the sale contract. The certificate must be issued by a registered swimming pool inspector (certifier). Failing to provide the certificate of compliance or non-compliance can result in penalties and legal consequences. It is important to note that this requirement also applies to strata title properties, where additional documentation may also be required.

How far away from a house does a pool have to be NSW?

Generally, for pool placement in NSW the pool needs to be at least one metre from the boundary. However, for pools in confined spaces, there is a much greater need to echo the overall style of the adjoining home, and materials for the coping, decking, and connecting should be chosen carefully to match the style of the house.

In terms of pool safety, NSW regulations require that all pools must be surrounded by a fence that separates the pool from the house. According to the NSW Swimming Pools Register website, all new pools built from July 2010 must be surrounded by a fence that separates the pool from the house. The fence must be at least 1.2 m high (as measured from the finished ground level) and not leave a gap at the bottom bigger than 10 cm from the finished ground level. If a boundary fence is part of the pool fence, the barrier must be 1.8 m high. Additionally, there must not be gaps of more than 10 cm between any vertical bars in the fence.

In summary, while there is no set distance a pool has to be from a house in NSW, a good rule of thumb is to place the pool at least 1000 mm from the boundary. All pools in NSW must be surrounded by a fence that separates the pool from the house, and the fence must meet specific requirements, including height and spacing regulations.

Do you need council approval for a pool NSW?

Yes, council approval is required for building a pool in New South Wales (NSW). According to the NSW Swimming Pool Register, all new swimming pools and spas, including portable pools capable of holding more than 300 mm of water, must be registered with the local council or the online NSW Swimming Pool Register. 

Furthermore, if the proposed work costs more than $5,000, the person or company doing the work must hold a licence issued by NSW Fair Trading for building or swimming pool building, and the name on the contract must be the same as the name on the licence. 

Council approval is required once the Development Consent and Construction certificate are issued. It is important to note that rules and regulations for building a pool may differ in different regions of Australia.

How much does it cost to register a pool in NSW?

There is no fee to register a swimming pool on the NSW Swimming Pool Register. Pool owners can register their pool by completing the NSW Swimming Pool Register registration form online for free, or by paying a fee to their local council to register it on their behalf. 

It is important to note that pool owners who do not register their pool on the NSW Swimming Pool Register may face fines up to $220, and a fine of up to $2,200 if the matter is referred to court.

Can you sell a house in NSW with a non compliant pool? - Key Takeaways

In conclusion, selling a house with a non-compliant pool in NSW can be a complicated and costly process. It's important to understand the legal requirements surrounding pool compliance in NSW and take appropriate measures to ensure your pool meets those standards before selling your property. Here are some key takeaways to keep in mind:

• It is illegal to sell a property with a non-compliant pool in NSW
• A pool must meet safety standards before it can be registered with the NSW Swimming Pool Register
• A pool safety inspector must inspect the pool and issue a compliance certificate before it can be sold
• Non-compliance penalties can range from fines to legal action and can significantly delay the sale of a property

To avoid delays and legal complications, it's essential to engage a qualified pool safety inspector to assess and certify your pool before listing your property for sale. By ensuring your pool meets safety standards and complying with the relevant regulations, you can sell your property with confidence and avoid potential fines or legal action.

If you’re not sure if the pool at the house you’re buying is compliant, keep your head above water by reaching out to our team of the best conveyancers in Albury today.

Can you sell a house in NSW with a non compliant pool? - FAQs

Q: What is a non-compliant pool?

A: In NSW, a non-compliant pool is one that does not meet the safety standards outlined in the Swimming Pools Act 1992 and the Swimming Pools Regulation 2018. These standards include measures like having a fence of the appropriate height and strength, self-closing and latching gates, and no climbable objects near the pool enclosure.

Q: Can I sell my house if my pool is non-compliant?

A: Technically, yes, you can sell your house if your pool is non-compliant. However, there are some important things to keep in mind. Firstly, you are required by law to disclose to potential buyers that your pool is non-compliant. Additionally, a non-compliant pool may impact the value of your property and make it more difficult to sell.

Q: Do I need to fix my pool before I sell my house?

A: There is no legal requirement to fix your pool before selling your house, but doing so can help ensure a smoother sale process and may make your property more attractive to buyers. If you do choose to fix your pool, be sure to obtain the necessary approvals and certificates of compliance from your local council or a private certifier.

Q: What are the consequences of selling a house with a non-compliant pool?

A: Selling a house with a non-compliant pool without disclosing this fact to potential buyers can result in serious legal and financial consequences, including fines, legal action, and even imprisonment in extreme cases. It is important to be transparent and upfront about the state of your pool to avoid these outcomes.

Q: How can I determine whether my pool is compliant or not?

A: You can check whether your pool is compliant by referring to the relevant legislation and regulations, as well as seeking advice from your local council or a private certifier. You may also be able to request an inspection from a qualified pool inspector, who can identify any areas of non-compliance and provide guidance on how to address them.