Key facts
- The pool must be registered when the tenancy agreement is entered into.
- It must have a valid compliance certificate or relevant occupation certificate.
- The tenant must receive a copy.
- A non-compliance certificate is not valid while the premises are subject to a residential tenancy agreement.
What does the landlord agree to do?
The NSW standard residential tenancy agreement requires the landlord to ensure the pool is registered and has either a valid certificate of compliance or a relevant occupation certificate when the agreement is entered into. A copy must be provided to the tenant.
The agreement also records the landlord commitment to comply with the Swimming Pools Act for the pool.
Can a non-compliance certificate be used?
No. The Swimming Pools Regulation states that a certificate of non-compliance is not valid at any time while the premises are subject to a residential tenancy agreement. The sale pathway does not carry across to leasing.
When can an occupation certificate be relevant?
A relevant occupation certificate is one issued under planning legislation, less than three years old, that authorises use of the pool. The tenancy agreement recognises it as an alternative to a valid compliance certificate.
If you have one, give it to the property manager and confirm that it meets the definition before relying on it.
When should the inspection be arranged?
Before the new tenancy agreement is signed. If the existing certificate has expired or the pool has changed, allow time for inspection and any required work. A compliance certificate is generally valid for three years, but its date still needs to cover the start of the agreement.
What should the property manager receive?
Give the property manager the registration details and the valid certificate. The certifier enters certificate details on the NSW Swimming Pool Register, but you should still keep and provide the actual document.
Common questions
Can the tenant move in while the pool is non-compliant?
The standard tenancy agreement requires a registered pool with a valid compliance certificate or relevant occupation certificate when the agreement is entered into, and a non-compliance certificate is not valid during a residential tenancy.
Does a three-year-old certificate still work?
A compliance certificate remains valid for three years from issue unless it ceases earlier. Check the exact issue date before the tenancy agreement is entered into.