The sale and letting of Illawarra properties with swimming pools and spas could be blocked or delayed if pool safety conditions are not met, under new regulations coming into effect on April 29.
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The new state government rules dictate people intending to sell, lease or rent their property must have a valid swimming pool certificate of compliance, which is issued by council or an accredited certifier.
Yet the process of certification can be time-consuming and costly, with some pools requiring multiple visits by an inspector before a certificate can be issued.
In some cases, it can take months to make the necessary changes to fencing and barriers required to kid-proof pools.
The scheme's introduction was postponed for a year because of long waiting lists for inspections in some council areas.
Fairfax reported on Wednesday that strata industry experts had warned unit owners could already be out of time to fix the problems, with waiting lists for inspections and then the time taken to rectify faults pushing many blocks past the April 29 deadline.
A Wollongong City Council spokesman said about 95 per cent of pools inspected in the area failed to comply on the first inspection.
"Council advises that it can take up to 90 days before we can issue a certificate of compliance," the spokesman said.
Kiama Council's director environmental services Phil Costello said the council had not experienced a high demand for compliance certificates, having had 10 applications in the past six months.
"A request lodged today for a compliance certificate with Kiama Council would be actioned within 48 hours," he said.
"A compliance certificate would be issued following a satisfactory inspection of the pool barrier and its compliance with the Swimming Pools Act."
Mr Costello said that three weeks ago Kiama Council began contacting local real estate agents and conveyancers, who were principally affected by the legislation.
Shellharbour City Council had an initial dramatic increase in demand for the compliance certificate inspections when the changes were mooted last year.
"There has been a steady increase leading up to the 2015 deadline," said council's group manager - city development Grant Meredith. "Shellharbour City Council has been able to meet the demand for requests to carry out swimming pool barrier compliance inspections."
Mr Meredith said council could undertake a pool barrier compliance inspection with 24 hours' notice provided the relevant documentation was provided and the regulatory inspection fee paid.
MMJ Real Estate director Daniel Hastings urged home owners and strata owners' corporations to do the homework on obtaining the pool safety certificate. Individual owners must attach the certificate to their lease or sales contract before they can put their property on the market.
"This new legislation is really putting the onus on the seller or the landlord to get things in order well and truly before entering into a sale or new lease," he said.
Mr Hastings said real estate agents had been pro-active over the past few months in reminding owners and landlords about the importance of compliance.
He said the ramifications of being non-complaint included complications with the sale or settlement - from April 29, prospective purchasers of a property can rescind the contract within 14 days of exchange if a compliance certificate is not attached to it.
Landlords who fail to produce the certificate of compliance to their tenants are liable for monetary penalties.
