SELLING YOUR HOME? Compliance checks you can’t afford to miss.

Woman opens window, drawing in fresh air and natural light

Before you even think of planting that “for sale” sign, you need to ensure your property aligns with local regulations.

This is about more than just ticking off a checklist – it’s a strategic move that can have a ripple effect on the success of your sale. By adhering to these standards, you foster trust with potential buyers and pave the way for a seamless transaction, avoid legal pitfalls and boost your home’s market value.

So, where should you start with compliance?

1. Building and pest inspection

Think of a professional building and pest inspection as a clever investment. It will arm you with knowledge, helping you and your agent get ahead of potential questions or concerns from buyers, ensuring there are no nasty surprises during negotiations. It can also allow you to proactively address any concerns, such as an unknown termite infestation, which could hold up or derail a deal.

2. Pool safety standards

In NSW, pool safety is a non-negotiable aspect of property compliance, with every pool requiring council approval and registration on the NSW Swimming Pool Register. If you’re selling a property with a pool or spa, the contract of sale must include a registration certificate issued from the Swimming Pool Register, and one of the following:

  • a valid swimming pool certificate of compliance, or
  • a relevant occupation certificate issued within the last 3 years, or
  • a certificate of non-compliance.

Initiate the certification process early. Reach out to your local council or a private certifier, ensuring you allocate ample time for a pre-listing inspection. A certification oversight could jeopardise your sale. It allows the buyer to retract their offer within 14 days of exchange, unless the settlement has already taken place.

Selling without a pool compliance certificate? That’s a legal no-go. However, you can sell it with a non-compliance certificate. This will mean the buyer is responsible for obtaining a compliance certificate within 90 days of settlement. Does this sound like a headache? Potential buyers will think so, too. Taking this route can lead to the expectation of a significant discount, often far exceeding the cost of making the pool compliant in the first place.

For a deeper dive into pool compliance, grab a self-assessment checklist here.

3. Room standards – ceiling height

Have you come across stories of tiny, cramped rooms added without council approval by DIY enthusiasts? Such additions may face restrictions on what these rooms can be advertised as and used for. The National Construction Code (NCC) has certain standards for all ‘habitable rooms’, which includes a bedroom, living room, lounge room, music room, television room, kitchen, dining room, sewing room, study, playroom, family room and sunroom. A primary criterion is a minimum ceiling height of 2.4m, however bathrooms, laundries, and other service rooms can have a lower ceiling height, provided it’s not less than 2.1m.

4. Natural light and ventilation

The appeal of a room isn’t solely its size; ambience plays a crucial role. According to the NCC, a habitable room also requires natural light and ventilation, typically achieved through an openable window that is the size of at least 10% of the total area, with an opening at least 5% of the room’s total area.

Exceptions exist, especially for apartments. But remember, dark and poorly ventilated rooms can deter potential buyers.

5. Granny flats

Transforming your garage into a living space doesn’t automatically classify it as a granny flat. In NSW, to be legitimately recognised as a granny flat (and be rented as one), the space needs to adhere to specific standards, such as having amenities like plumbing and electricity. 

6. Smoke alarms

Before selling, ensure that your property has the required number of smoke alarms, that they’re in the right locations, and that they function correctly. This is not just a compliance issue, but a significant safety consideration.

Preparing to sell your home involves more than just curb appeal and pricing; it’s about ensuring your property stands up to compliance standards. Taking a proactive approach on compliance will provide a competitive advantage in the market and in the negotiating process, helping to optimise the sale and price of your home.

If you have been considering the sale of your property, it would also be wise to get the advice of a local property professional early in the process. Their local knowledge and recommendations are  free and can turn out to be invaluable when it comes time to sell. You can find a list of our local Prudential Real Estate offices and their contact details below.  

Information referred to in this article was obtained from publicly accessible sources from NSW Fair Trading, Planning NSW, Brighton Homes and Moffat Design. The information provided in this blog post is for general guidance only and should not be taken as personal advice. We do not accept any liability for any errors or omissions.


Prudential Real Estate Campbelltown | (02) 4628 0033 | campbelltown@prudential.com.au

Prudential Real Estate Liverpool | (02) 9822 5999 | liverpool@prudential.com.au

Prudential Real Estate Macquarie Fields |  (02) 9605 5333 | macquariefields@prudential.com.au

Prudential Real Estate Narellan | (02) 4624 4400 | narellan@prudential.com.au