What must be attached to the contract
Since 2016, a NSW contract for a pool property must attach one of: a certificate of compliance (valid 3 years), a relevant occupation certificate under 3 years old, or a certificate of non-compliance. Missing paperwork can give the buyer rescission rights - conveyancers check this first.
The certificate of non-compliance route
Can't or don't want to fix the barrier before sale? A certifier documents the defects in a certificate of non-compliance, it attaches to the contract, settlement proceeds, and the buyer takes a 90-day clock to rectify and obtain compliance. Expect the defect list to surface in price negotiation - informed buyers quote rectification generously against you.
Who's exempt
Lots in strata or community schemes of more than two lots, and off-the-plan contracts, don't need the attachment - the scheme carries the shared-pool compliance.
Timing for the NSW market
Register the pool first (free, ten minutes, walkthrough) - nothing issues without it. Council inspection queues stretch badly in spring; private E1 certifiers can usually inspect within days and bundle the re-inspection. Book at listing, not at exchange: fixes plus re-inspection inside a cooling-off period is a coin flip you don't need.