If your property has a “swimming pool“, a Contract for Sale of Land in NSW must attach a Certificate of Compliance, or Non-Compliance, as the case may be.

The swimming pool certificate is a prescribed document by reference to Schedule 1 Clause 15 of the Conveyancing Sale of Land Regulations.

There is an exemption if the pool is on strata title or community title unless the strata scheme is a 2 lot strata scheme.

If swimming pool has has been recently approved under a Development Application and the Occupation Certificate refers to the construction of the Swimming Pool then you can attach the OC instead of a Certificate of Compliance/ non-compliance, so long as the OC is less than 3 years old at the time of exchange.

If you are buying or selling a house with a swimming pool make sure your lawyer knows the existence of the pool.

If a contract for sale of land fails to attach a “prescribed document”, the swimming pool certificate being one of them, a purchaser can rescind within 14 days of exchange without penalty, so it’s a crucial part of contract preparation to get done correctly.