Under the Building Act 1975, pool owners and property agents are required to understand and adhere to their pool safety responsibilities. Due to the fact that pool safety laws in Queensland for real estate’s change from time to time, some property managers and real estate agents may feel rather confused or lost as to what they are legally required to do. This is where pool safety inspection professionals can guide you through the pool safety compliance process.
There are two main areas real estates need to be aware of when considering compliance with pool safety standards.
In the interest of pool user safety, particularly children, the Queensland Government brought into effect legislation in December 2010 that requires sellers to have a pool safety inspection done and thereafter obtain a Certificate of Compliance. This ensures that sellers pass over a clean ownership title without legal encumbrances to the buyer.
Sale of Non-Shared Pool Property – Before entering into a sale contract, the seller must give the buyer a Pool Safety Certificate or a Form 36 that advises the purchaser that the pool is not in compliance with the safety standard. Before the settlement, the seller must in addition to the above documents provide a copy of the Form 36 to the Queensland Building and Construction Commission. After the settlement, the purchaser must get a Pool Safety Certificate within 90 days if he had not been given a Pool Safety Certificate by the seller.
Sale of Shared Pool Property – Just as in non-shared pool property, the seller must give the buyer a Pool Safety Certificate or a Form 36 that can help the purchaser make a buy decision. Before settlement, the seller should also give the Queensland Building and Construction Commission a copy of the Form 36. In the event the buyer hasn't received a Pool Safety Certificate prior to settlement, the new owner has up to 90 days to obtain the certificate.
Depending on whether the lease arrangement is of a shared or non-shared pool, different rules may apply. Non-Shared Pools – Where a pool is considered private and thus only accessible to residents of a single dwelling, the owner must first ensure that a Pool Safety Certificate is in effect before entering into a renewed or new lease contract.
Shared Pools – This is where residents of two or more dwellings use a pool jointly. In this case, the owner must handover to the party that will be the tenant a certified copy of the Pool Safety Certificate if available and in effect. In the event there is no certificate, the pool owner must give the tenant and the Queensland Building and Construction Commission a Form 36 which notifies the lessee that there is no Pool Safety Certificate before the lease arrangement can be signed off.
The pool safety laws in Queensland for real estates stipulate that in the event you collect commissions as the property agent with respect to accommodation agreement including a lease, you may be liable for disciplinary action where the property in question has a non-shared pool with no certificate.
The laws also expect you as the agent to be aware of three main forms:
Form 23 – This is a Pool Safety Certificate which is required when selling a property that has a pool. This form has the Pool Safety Certificate number, the location of the pool, type of the pool, any exemptions granted, and the certificate expiry date.
Form 36 – This notifies that the property doesn't have a Pool Safety Certificate. The owner of the property you are selling must fill this form in the event a Pool Safety Certificate is not in place at the time of selling their property. This form helps the buyer to make an informed decision concerning the purchase of the property.
Form 26 - For pool owners who have gone through pool inspection and their swimming pool was found to be non-compliant; they will receive a Form 26 which is non-conformity notice. As the real estate agent, you are not required to do anything pertaining to this form because Form 26 only indicates to the pool owner the steps he needs to take to ensure his pool complies.
As pool safety inspectors, we are the only people who are authorised by the Queensland Building and Construction Commission to issue Pool Safety Certificates. Do not lose a sale simply because you don’t have a Pool Safety Certificate, get in touch with us today and we shall guide you accordingly.
