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Selling or Leasing

Selling or leasing a property with a Pool or Spa

Pool Owners who intend on selling or leasing their property are now required to disclose certain information relating to the status of their pool safety barrier.

a) Provide the guidance material issued by the Minister under the Building Act on obligations on owners of premises on which a regulated swimming pool is located (this obligation will only apply to properties with a pool or spa that was built, altered or installed prior to 1 May 2023); and

b) Provide at least one of the following documents:

  1.  A disclosure statement that  provides information that is reasonably within the knowledge of the homeowner or owners corporation as to the age of the pool and the status of the pool against the prescribed safety standard

  2. A compliance certificate

  3. An exemption certificate

  4. A certificate of occupancy (that covers the pool and the safety barrier) that is not older than 5 years from when the pool was constructed or substantially altered

We can assist you with meeting this disclosure obligation with 2 options available:

1) Completing an inspection to obtain a ‘Compliance Certificate’. The Certificate provides a guarantee to the prospective purchaser that the pool barrier meets the obligations and there is no rectification work required.

This has the significant advantages of:

  1. Removing a ‘bargaining aspect’ to the purchase price of your property.
  2. Reducing your liability for a ‘drowning incident’ related to your tenants, their children and/or friends.

2) Complete a ‘Disclosure Statement’. With our guidance the Pool Owner completes a check-list and we discuss the issues identified. We then complete the statement on your behalf outlining the status of your pool barrier. This is a more cost-effective solution, however it might not suit your situation if you utilise shorter-term lease agreements. We will also provide you the ‘Ministerial guidance material’ that you must provide the prospective purchaser.