Pool Fence Regulations Modified to help sellers

For several years we have been warning landlords of the need to get swimming pool fences certified if you want to be able to rent or sell your property after April 28. Each year so far the implementation of the new regulations has been postponed for another year, but now we are being told the rules will be enforced, as from 28 April 2016. If people are unable to sell or rent their properties after that date, there will obviously be an uproar, so it is not surprising the State has relented. The question is, how will the modified rules work?”

Vendors will now be able to sell their property with a “Certificate of Non-compliance”! The buyer will then have 90 days to address any issues and obtain a certificate of compliance. One can envisage all sorts of contractual problems as sales are put on hold or cancelled because the vendor and buyer cannot agree on the effect of this on the sale price. Many buyers will just walk away from a sale rather than accept the (largely uncosted) obligation to fix the fence.

The new laws don’t seem to help landlords and tenants if the property has a non-compliant pool fence. The new law still states that a “Certificate of compliance” must be given to the tenant on entering a new lease. So no compliance, no lease. Very often the tenant will walk rather than wait.

Obviously Mr Baird is more worried about losing Stamp Duty on sales than about leaving rental properties vacant while remedial action is taken.

More details can be found at www.swimming poolregister.nsw.gov.au/information.