Spatial Services data is based on "land rates" property as defined by the Valuer General. Community title land does not fit that “rateable” definition.

This means that the Swimming Pool Register, which utilizes Spatial Services data, may not be able to be used to record the registration and compliance status of common area community title pools as the address may not be available.

Some Multiple dwelling residences return an address result with “Common Property” which can be used to record a common area pool.

The relevant council are required to keep a local register and council inspectors are still required to inspect these pools for compliance as part of their mandatory inspection program at least once every 3 years as legislated under the NSW Swimming Pools Act & Regulation.

Certifiers are still required to keep their own records outside the register, and are required to notify councils of the result of their compliance inspections.  This provides the current alternative means for monitoring the compliance status of community title pools.

A certificate of compliance is not required to be attached to the contract of sale for a lot in a strata scheme or in a community scheme and that strata or community scheme comprises more than 2 lots pursuant to Conveyancing (Sale of Land) Regulation 2010

A certificate of compliance is not required to be attached to the residential tenancy agreement if the swimming pool is situated on land in a strata scheme or in a community scheme and that strata or community scheme comprises more than 2 lots pursuant to Residential Tenancies Regulation 2010.