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Community Title Pools/Pools in Common Areas

common pool strata pool

·       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.

·       Swimming Pools Act 1992 Clause 21 (6) removes pools on common property of strata schemes or community schemes with more than 2 lots from the requirements of clause 22 Special provisions relating to acquired premises         

·     This is because swimming pools on such premises are subject to owner-requested inspections as well as programmed inspections by local councils under section 22B of the Swimming Pools Act 1992. The program must make provision for the inspection, at least once every 3 years, of any swimming pool situated on premises on which there is tourist and visitor accommodation or more than 2 dwellings.

·        It is also for this reason that the Conveyancing (Sale of Land) Regulation 2017 Schedule 1, 15, excludes pool-related certificates from being attached to contracts for a lot in a strata or community scheme that comprises more than 2 lots.

·        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.

·        The requirement to issue a certificate of non-compliance doesn’t apply where the pool is situated on common property of a property that strata title subdivided or community titled subdivided where the relevant strata or community scheme comprises more than 2 lots.

·        In practice if a private certifier is asked to inspect a pool on common property in a strata scheme or community scheme with more than 2 lots and the pool is not compliant, the private certifier would only issue a notice under section 22E of the Swimming Pools Act 1992 and will not also issue a certificate of non-compliance.

·        If the pool is not considered a significant risk to public safety and is not made compliant within the 6 week period the certifier will forward notice to the council and the council will then take appropriate action.

·        If the pool is a significant risk to public safety the certifier will immediately notify council and the council will take appropriate action.