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Rental properties with a swimming pool

Posted By UTP  
28/11/2022

Compliance issues you should be aware of when managing a rental property with a swimming pool.

 

Before leasing a property with a swimming pool, the landlord must ensure that the requirements of the Swimming Pools Act 1992 have been complied with in respect of the swimming pool on the residential premises. This includes requirements for fencing/barriers, warning signs etc.

 

At the time a residential tenancy agreement is entered into, the swimming pool must be registered and have a valid certificate of compliance or a relevant occupation certificate. Swimming pools within a Strata Scheme are not included as part of a residential tenancy agreement.

 

Did you know?

A copy of the valid certificate of compliance or relevant occupation certificate must also be provided to the tenant.

 

A swimming pool certificate of compliance is valid for 3 years from its date of issue.

Do you keep a record of the validity period of compliance certificates and ensure they remain up to date?

 

 

Inspecting properties with a swimming pool

What do you check when you are conducting a routine inspection on a rental property with a swimming pool?

 

Just checking that the pool is clean and that the gate works is not really covering all the areas you should be checking. Best practice would be to create a checklist of areas to cover during your inspections. Remember, swimming pool compliance is the responsibility of the Landlord so it is your responsibility to flag any issues that could deem the pool to be non-compliant.

 

The NSW Government have self assessment checklists that could be used as a guideline to develop your own internal policies and procedures for properties with a swimming pool. These can be accessed using the link below:

 

https://www.swimmingpoolregister.nsw.gov.au/checklists