Swimming Pool Compliance

Swimming Pool Compliance Certificates are required by anyone who is selling, buying or leasing a property with a pool. If a property is being sold it must have one of the following:

• A Certificate of Compliance
• A Certificate of Non-Compliance
• A Relevant Occupation Certificate (remains relevant for 3 years from date of issue).

If one of the above isn’t included, the purchaser may rescind the contract within 14 days of exchange, unless settlement has already occurred. If a certificate of non-compliance is attached to the contract, the purchaser takes on the obligation to obtain a certificate of compliance. They will have 90 days from settlement to rectify defects listed in the certificate of non-compliance and obtain a certificate of compliance.

If a property is being leased it must have one of the following:

• A Certificate of Compliance
• A Relevant Occupation Certificate (remains relevant for 3 years from date of issue).

When a residential tenancy agreement is entered into for a property with a swimming pool or spa pool, the landlord or real estate agent must provide the tenant with a copy of the certificate of compliance or occupation certificate. A certificate of non-compliance cannot be used to rent a property. A Certificate of Compliance remains valid for 3 years from the date of issue.