NSW Swimming and Spa Pool Legislation

Updated form: FM00401 Residential Tenancy Agreement

The new swimming and spa pool legislation has come into force today (29 April 2016). On and from this date and unless exempted, a copy of the valid certificate of compliance or non-compliance or relevant occupation certificate (as the case may be) must be attached to the sale contract for any property with a swimming pool or spa pool to be sold and, to rent a property with a swimming pool or spa pool, a copy of the valid compliance certificate or relevant occupation certificate (as the case may be) must be given to the tenant at the time of entering into the residential tenancy agreement.

Where leasing is concerned, the affected agreement is the residential tenancy agreement. REINSW has updated its agreement to reflect the changes in the legislation, see Clause 40A in the REINSW Residential Tenancy Agreement (FM00401). Please note that the New Tenant Checklist has also been updated to reflect these legislative changes.

If you would like to know more about the actual legislation as opposed to the agreement changes, please contact REINSW Helpline by calling (02) 9264 2343 (select option 4) or email helpline@reinsw.com.au