Planning to sell your property in Sydney or NSW?

If you are planning to sell your property in Sydney or NSW in the near future, you should be aware of the laws regarding fixtures and fittings, smoke alarms, and swimming pools that are in effect.

Fixtures and fittings

Typically, fixtures and fittings are things attached to the property in such a way that they are considered irremovable parts of the property and therefore are included in the sale. Common fixtures include things like floor coverings, built-in appliances, hot water service, wall ovens, range tops and light fittings.

As a NSW property seller, you are entitled to remove any fixtures when you sell the property. However, anything you plan to remove must be recorded in the contract of sale so that the buyer is aware.

Smoke alarms laws in Sydney and NSW

Smoke alarms have been required in homes since May 2006, meaning that if you are going to sell your home, you must ensure that smoke alarms are installed and working. Legally, there needs to be at least one working smoke alarm for each level of the home.

The smoke alarms installed must comply with Australian Standard 3789, and the standard should be clearly visible on the packaging.

If you fail to comply with this regulation, you may be subject to a fine. Additionally, it is an offence to remove or interfere with an existing smoke alarm except to maintain, repair or replace it.

Swimming pools laws in Sydney and NSW

Laws regarding selling a NSW property with a swimming pool have been in place since 2015. Any residential property with a spa pool or swimming pool cannot be sold unless they have a valid Certificate of Compliance or relevant occupation certificate.

In order to obtain this certificate, pool owners must register their pool at the NSW Government Swimming Pool Register. Your pool will then be inspected to make sure it meets all the safety requirements, and when it does, the certificate will be issued.

Fencing – a child-resistant safety fence must surround all swimming pools. All gates and doors providing access to the pool area must be kept closed at all times.

Signage – Warning signs must be put up in the immediate vicinity of the pool, or in a prominent position near the pool. Ideally, a sign should be put up near the shallow end of the pool. All signs must clearly state, “Young children should be supervised when using this swimming pool,” and should include details about resuscitation techniques related to babies, children and adults.

Failure to comply with these rules could result in on the spot fines.

Not sure what to do or where to start?

Contact Joanne Azar from Platinum Conveyancing Services. Joanne can help review your contract and advise on latest laws and regulations to get you legally compliant.