I want to sell/transfer my property – What are my responsibilities under the Swimming Pool Safety Act 2004?
Under the Swimming Pool Safety Act  if you are selling/ transferring a property you must have the relevant paperwork for your circumstances. The easiest way to determine what paperwork you need is to refer to one of the following three sections:

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I have NOT got a pool or spa.
To sell/transfer your property, under the Swimming Pool Safety Act you need to provide one of the following to the Registrar-General’s Office:

• A “no pool declaration” from both the vendor and purchaser; or
• A statutory declaration from either a legal practitioner, licensed real estate agent, licensed conveyancing agent or licensed business agent declaring that there is no pool/spa on the premises.

The vendor and purchaser need to decide on which option to use.

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I have a pool/spa constructed AFTER 1 January 2003.

To sell/transfer your property under the Swimming Pool Safety Act you will need to provide to the Registrar-General’s Office:

• Compliance Certificate.

If you do not have a Compliance Certificate for your pool/spa you need to apply for a Compliance Certificate with the Water Safety Branch.

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I have a pool/spa constructed BEFORE 1 January 2003.

To sell/transfer your property under the Swimming Pool Safety Act you will need to provide one of the following to the Registrar-General’s Office:

Modified Australian Standard

• Compliance Certificate; or
• Provisional Compliance Certificate.

Community Safety Standard

• Acknowledgement Notice & purchaser’s declaration (need both forms);
• Provisional Acknowledgement Notice; or
• Temporary Acknowledgement Notice.

If you do not have one of the above you need to contact the Water Safety Branch on 1300 301 059 or alternatively further guidelines are available below.

“Purchaser’s declaration” form and “No pool declaration” forms are available from the Registrar-General’s Office. These forms are also available from this website or you may request copies by contacting the Water Safety Branch on 1300 301 059 or via email watersafety@nt.gov.au.

To sell/transfer your property under the Swimming Pool Safety Act you will need to provide one of the following to the Registrar-General’s Office:

• Compliance Certificate;
• Provisional Compliance Certificate;
• Acknowledgement Notice & purchaser’s declaration (must have both forms);
• Provisional Acknowledgement Notice; or
• Temporary Acknowledgement Notice.

Determining which option is most appropriate for your situation will depend on the level of involvement and responsibility of the vendor or purchaser. Options 2 & 4 require the purchaser to accept responsibility for upgrading the safety of the pool barrier. Option 3 requires the purchaser to declare that the property meets the Community Safety Standard. The following questions may assist you to determine which option is most suitable to your situation:

A. Do you have a Compliance Certificate for your pool/spa?

• Yes – The vendor will need to provide this certificate to the Registrar-General’s Office.
• No – continue on to next question.

B. Do you have an Acknowledgement Notice for your pool/spa?

• Yes – The vendor will need to provide this Acknowledgement Notice to the Registrar-General’s Office together with a Purchaser’s Declaration.
• No – continue on to next question.

C. Which standard does the purchaser want to upgrade the pool/spa to?

• Community Safety Standard – Purchaser will need to provide a Provisional Acknowledgement Notice* to the Registrar-General’s Office.
• Modified Australian Standard or Non-standard Safety Provision - Purchaser will need to provide a Provisional Compliance Certificate* to the Registrar-General’s Office.

* Provisional Acknowledgement Notice and Provisional Compliance Certificate will be issued by the Water Safety Branch after application by the purchaser. Please note: conditions and time restraints apply.

D. If you are not selling the property, but are transferring it for one of the following reasons:

• The estate of a deceased person and is to be transferred to a spouse, surviving relative or a member of the deceased person’s family;
• The property to be transferred in accordance with a property settlement; or
• A purchaser who is, immediately before the transfer, a tenant-in-common with the Chief Executive Officer (housing) under a housing scheme, you will need to provide a Temporary Acknowledgement Notice as issued by the Water Safety Authority to the Registrar-General’s Office.

Where can I get more advice?
Free advice and assistance is available from a Pool Safety Adviser on 1300 301 059 or by email to watersafety@nt.gov.au.