Brian Cannan: I'm here today with Greg Jemmeson from Jemmeson Fisher Solicitors and Accountants. Hi Greg, how are you?
Greg Jemmeson: Good thanks Brian.
Brian: I think it's time to talk about pool compliance. How does it work and what do we have to do?
Greg: Under the new contract for sale of land it's very important now that one of the essential documents that must be attached to the contract is proof that the swimming pool on a property has either a certificate of compliance or a final occupation certificate and either of those two documents have been registered. Now if those documents are not attached to the contract of sale of land that gives rise to the purchaser are being able to withdraw within 14 days of exchange the other important thing that we need to remember here is this doesn't only relate to swimming pools on a residential property it also includes swimming pools on common property in a strata complex. So if I've got a contract and I'm buying a unit in a block of units that has a swimming pool those documents of compliance and registration need to be attached to the contract.
Brian: And you get that from a strata manager I assume?
Greg: I hope they would have those that's that's actually whose responsibility is to maintain those documents.
Brian: So if you're an agent and the compliance certificate wasn't in the contract you wouldn't exchange it would you?
Greg: Of course not, it's a required document now under the contract of sale of land and one of the things we need to remember is that the definition of a swimming pool is quite broad it doesn't just relate to a swimming pool it includes spas, whirlpools, above-ground pools and it doesn't include though, something in a bathroom such as a spa bath in those types of situations.
Brian: Well thank you Greg helps us all with pool compliance.
Greg: Thank you, Brian.