What to look out for when buying a property with a swimming pool in NSW | The Complete Buyer’s Guide
Buying a property with a swimming pool can be a dream come true for many. However, it comes with its own set of responsibilities and considerations. Whether you’re a first-time buyer or adding to your property portfolio, understanding the legal and practical aspects of owning a pool is crucial.
In this article, we will guide you through the essential factors to consider, ensuring your investment is both enjoyable and compliant with local regulations.
1. Legal compliance and safety regulations
In NSW, swimming pools are subject to strict safety regulations to prevent accidents and ensure the safety of all users, especially children. Before purchasing a property with a pool, you should make sure it complies with the Swimming Pools Act 1992 and the Swimming Pools Regulation 2018 because these will become your responsibility once you own the property.
Key compliance requirements include:
- Pool fencing: The pool must be surrounded by a compliant safety barrier. The fence should be at least 1.2 metres high, with no gaps exceeding 100mm.
- CPR signage: A resuscitation sign must be displayed prominently within the pool area.
- Pool registration: All swimming pools in New South Wales must be registered on the NSW Swimming Pool Register. You can check the registration status of any swimming pool by clicking on this link and searching the relevant address of the property.
- Disclosing swimming pool compliance in a contract for sale: When a person sells a property in NSW and that property has a swimming pool or spa located on it, the seller is required to include one of the following certificates in the contract for sale:
| Type of certificate | What does this mean for a buyer |
| A valid certificate of compliance (if the swimming pool is compliant) | If the contract includes a valid certificate of compliance, the pool is compliant. The buyer will need to renew the certificate before the expiry date. |
| A relevant occupation certificate, issued within the last 3 years and authorising use of the pool, accompanied by a valid certificate of registration of the pool | If the contract includes a valid occupation certificate (that refers to the swimming pool), the pool is compliant. The buyer will need to renew the certificate before the expiry date. |
| A certificate of non-compliance (if the swimming pool is not compliant) | If the contract includes a non-compliance certificate, this shifts the obligation of obtaining a compliance certificate from the seller to the buyer. This means that if a person buys the property, they will have 90 days from settlement to address any non-compliance relating to the swimming pool (including rectifying any child-resistant barrier). |
Note: If a seller fails to attach one of the above certificates to their contract for sale, the buyer then has a right to terminate the contract within 14 days of exchange.
2. Maintenance and upkeep
Owning a pool requires regular maintenance to keep it clean, safe, and functional. Consider the following maintenance aspects:
- Cleaning and chemical balance: Regular cleaning and chemical treatments are necessary to maintain water quality and prevent algae growth.
- Equipment maintenance: Ensure that the pool pump, filter, and heating systems are in good working order. Remember: In NSW, most contracts for sale will include a clause that a buyer accepts the property in its existing condition at the time of contract. What this means is that if, for example, the pool pump is not working at the time you inspect the property, the seller is not obliged to fix it before settlement. To address this risk, you should make sure you test any appliances/equipment to make sure it is in working order.
- Seasonal care: Pools require different care in different seasons. For instance, winterising your pool can prevent damage during colder months.
3. Insurance considerations
Having a swimming pool can impact your home insurance policy. It’s important to inform your insurer about the pool to ensure you have adequate coverage. Consider the following:
- Liability coverage: Ensure your policy covers potential liabilities arising from pool-related accidents.
- Property coverage: Check if your policy covers damage to the pool and its equipment.
4. Cost implications
Owning a pool can increase your property’s value, but it also comes with additional costs. Be prepared for:
- Increased utility bills: Pools can significantly increase water and electricity usage.
- Maintenance costs: Regular maintenance and repairs can add up over time.
- Insurance premiums: As mentioned, having a pool may increase your insurance premiums.
5. Lifestyle and enjoyment
Finally, consider how a pool fits into your lifestyle. A pool can provide endless enjoyment and a great way to entertain guests. However, it also requires time and effort to maintain.
Ensure that the benefits align with your lifestyle and that you’re ready for the commitment.
What does this all mean for you?
Buying a property with a swimming pool in NSW can be a rewarding investment, offering both lifestyle benefits and potential property value increases. However, it’s essential to be aware of the legal, financial, and maintenance responsibilities involved. By considering these factors, you can make an informed decision and enjoy your new pool with peace of mind.
For more information or legal advice on purchasing property with a swimming pool, feel free to contact our experienced team at Hindsight Legal Advisers. We are here to assist you with all your property law needs in New South Wales.
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Posted in Buying Property, Selling Property