This remains true for laws regulating the sale and leasing of residential property.
Under the Swimming Pools Act 1992 No. 49 (NSW) (Act), as at 29 April 2016, all properties with swimming pools are required to be sold with a valid swimming pool certificate of compliance and a certificate of registration. These certificates must be included in the contract for sale.
In addition, landlords and real estate agents must ensure that a valid swimming pool certificate of compliance and certificate of registration are provided with any residential tenancy agreement.
These provisions relate to in-ground and above-ground swimming pools as well as spa pools. The Act is reasonably broad to encompass the variety of swimming pool designs available.
A swimming pool certificate of compliance will remain valid for 3 years from date of issue unless the local authority directs an owner of the swimming pool to take measures to ensure the swimming pool or premises comply with requirements under the Act. An owner of the swimming pool will need to have the pool inspected by a local authority or an accredited private certifier to obtain the certificate.
The certificate of registration is more straight forward. Further information can be obtained by visiting http://www.swimmingpoolregister.nsw.gov.au/.
If you are thinking of selling and leasing out your property, act now to obtain the required certificates.
Loose-fill asbestos insulation
There will soon be further amendments to legislation in relation to loose-fill asbestos insulation.
Loose-fill asbestos insulation is raw crushed asbestos used as insulation in ceiling spaces during the 1960s and 1970s. The crushed, fine nature of these asbestos fibres pose significant health risks as they can be easily disturbed and inhaled.
In 2015 the Home Building Act 1989 (NSW) was amended to allow the creation of the loose-fill asbestos insulation register. To make this amendment meaningful, further amendments have to be made to other various pieces of legislation including regulations.
These further amendments appear to be primarily for the purpose of notifying prospective tenants and purchasers of residential property when a property is listed on the loose-fill asbestos insulation register.
It is anticipated that the Residential Tenancies Regulation 2010 (NSW) will be amended to make a property’s listing on the loose-fill asbestos insulation register a material fact that has to be disclosed to prospective tenant. Further, it is likely that the standard residential tenancy agreement form will be amended to deal with the loose-fill asbestos insulation register.
In regard to selling a property, it is likely that the Environmental Planning and Assessment Regulation 2000 (NSW) will be amended to make Section 149 certificates issued by Council state whether a property is listed on the loose-fill asbestos insulation register.
For further information, please contact Kim Glassborow (Principal Lawyer) on M: 0481 287 528 or Katherine Edwards (Lawyer) on M: 0401 175 934.
Office: Suite 1, Level 1, 229 Macquarie Street, Sydney, NSW 2000
Mail: GPO Box 1849, Sydney, NSW 2001
M: 0481 287 528 | 0401 175 934