15 May 2014 Swimming pool compliance legislation delay: A sensible outcome

By Stacey Collins, Senior Associate

In Brief

Legislative changes were to come into effect from 29 April 2014 requiring swimming pool compliance certificates to be annexed to contracts for the sale or lease of land.

The Office of Local Government announced on 28 March 2014 that the implementation of these changes would be postponed for a further 12 months, to commence on 29 April 2015.

Our Previous Article

On 13 March 2014, we reported on the changes to swimming pool compliance requirements in relation to the sale and leasing of land, which were previously to apply from 29 April 2014. A link to that article which gives information about the changes can be found here.

Those legislative changes will now come into effect on 29 April 2015.

Reasons for Postponement

The Circular to Councils, sent by the NSW Office of Local Government, a link to which can be found here, included the following reasons for the postponement:

• unacceptable delays to owners who want to sell or lease their dwelling- caused by high inspection failure rates and stretched council resources;
• the additional work being generated for repairs and upgrades in connection with rectification of non-compliant pools has placed pressure on pool trades and services; and
• real estate industry representatives sought more time to deal with swimming pool compliance issues before selling or leasing.

Councils will be able to use the additional time to raise awareness of the changes and adapt their own systems, processes and resources to deal with the increase in demand for their services.

If you are thinking of listing your property for sale or lease and have any questions with respect to your swimming pool compliance, please contact one of our property law experts.

Stacey Collins, Special Counsel  |  Phone: +61 2 9233 5544  |  Email:

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This article is not legal advice and the views and comments are of a general nature only. This article is not to be relied upon in substitution for detailed legal advice.

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