How a swimming pool compliance certificate NSW can affect the sale of your home
According to a report from Aitken Lawyers, nearly a third of houses with pools that were listed as for sale in Sydney on Domain failed to comply with the new state regulations introduced in April. Implemented to reduce injuries and drownings, these rules require swimming pools to be registered and for sale contracts to contain a swimming pool compliance certificate NSW.
The report found most homes were deemed not market-ready under the new laws due to a lack of a swimming pool compliance certificate NSW, with higher levels of compliance regarding pools needing to be registered with the council. This is because regulating the inclusion of a swimming pool compliance certificate NSW in sale contracts is harder than monitoring pool registration.
Failure to comply, however, is putting both buyers and vendors at risk.
Effect on the seller
If a swimming pool compliance certificate NSW (or non-compliance) is not attached, then the buyer has the right, up until settlement, to withdraw from the sale and walk away. The contract would be deemed incomplete and the buyer can negate the agreement, causing loss to the seller. This also puts agents and solicitors at risk as they can face legal action for putting their clients at risk.
Effect on the buyer
If a buyer ends up the owner of a house without a swimming pool compliance certificate NSW, then it’s likely insurance would not protect the owner if they were sued by someone who was injured in their pool. Since 1,000 children were hospitalised from falling into backyard pools in the last ten years, with sixty drowning, buyers who did not check for compliance face real liability risks. Local councils also have the power to enforce penalties through routine inspections, and unsuspecting buyers may face fines of up to $18,785 for non-compliance.
Advertisements about the new regulations are being run by the NSW Government in the hopes that better education will lead to an increase in compliance, particularly regarding swimming pool compliance certificate NSW.