In this blog we explain in under 4 minutes what you need to know for POOL SAFETY laws for QLD property....

We explain the individual obligations for Buyers & Sellers when it comes to Pool Safety Certificates and transacting a property in QLD. We also explain what you NEED TO KNOW regarding how a deal can fall over with Pool Safety Certificates...

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Hi everybody - George Sourris, Empire Legal.

Today's topic: QLD Pool Safety Certificates - all you need to know in 2023!

Here at Empire Legal, we take pool safety very seriously. Did you know that over summer, Brisbane temperatures average 30 degrees? That's HOT! That's why a lot of people have pools, to keep cool in those hot days. Let's explore the LAW around pool safety.

If you're buying, selling or leasing a property with a pool, you must get a pool safety certificate if there is not a current certificate already in place. The rules differ depending on whether the pool is shared or non-shared. Let's explore these two different types of pools.

A non-shared pool is private, and is found in houses or maybe even a penthouse with its own private pool. You can buy or sell a property with a non-shared pool with or without a pool safety certificate. If you are leasing a property A pool safety certificate MUST be in place BEFORE the lease is signed.

A shared pool exists in body corporate schemes. For shared pools, it is the responsibility of the body corporate to maintain a current pool safety certificate.

But how do I know if there is a current pool safety certificate?  The Queensland Building and Construction Commission (QBCC), has a register that's free to search and is available on their website.

You put in the property address and it advises if there's a current Pool Safety Certificate in play. You'll find the link here.

Seller's responsibilities:

You can sell your property with or without a Pool Safety Certificate. 

If selling WITH a current Pool Safety Certificate, you MUST give the buyer a copy BEFORE settlement. We'd suggest at the time of signing the contract. Safety certificates are valid for two years for non-shared pools.

You don't need to get a new one before each sale as long as the certificate will still be valid on the settlement date. HOT TIP: when signing a contract with the current certificate, double check the validity will run to at least the settlement date.  

When selling WITHOUT a Pool Safety Certificate, you must fill out a Form 36 - Notice of No Pool Safety Certificate. This form will help prospective buyers make a more informed decision about purchasing a property. The Form 36 should be completed as part of the contract of sale and must be given BEFORE the buyer signs.

Please note that the QBCC must also receive a copy of this Form 36 certificate. Now, termination trap alert! Alert! If the Form 36 was not given to the buyer BEFORE they signed the contract and the seller doesn't provide a pool safety certificate on or before settlement, the buyer can terminate. 

This can occur at any stage up until settlement, so make sure you get this right.

Buyer's responsibility:

If you buy a property without a pool safety certificate, you MUST get one within 90 days of settlement. If you own a pool, you're responsible for making sure the fence complies with the pool safety standard, even if you have a Form 36 Notice of No Pool Safety Certificate. Your local council can fine you if your pool fence does not comply with the standard, even if you have a certificate.

It is the pool owner's responsibility to ensure their pool fence is compliant. Now, QBCC issues on the spot fines of over $2,000 for individuals and over $6,000 for corporations for failure to obtain a pool safety certificate in the event of a  sale or a lease. 

Note, a real estate agent who collects a commission for a new lease with a non-shared pool, with no safety certificate, faces potential disciplinary proceedings by the regulator. So - make sure you always have the pool safety certificate. When it comes to conveyancing, when you're selling - don't get caught out!

Real estate agents - you need to make sure there is a Form 36 Notice of No Pool Safety Certificate given BEFORE a contract of sale is entered into. Otherwise, you will need to get a Pool Safety Certificate by settlement, or risk the purchaser being able to terminate the contract. 

Thank you guys. We're here in summer.

Four weeks till Christmas. Please share this with your friends so they can learn about the lovely laws of pool safety.

Thanks guys.

See you on the next one.

If you have any questions, you can email me: george@empirelegal.com.au. 

If this has added value, please share this blog / the YouTube video with a friend. 

Thanks for reading everybody. See you on the next one.

Ladies and gentlemen, please keep in mind that all advice is general in nature and does not constitute legal advice. This is authorised by George Sourris, Empire Legal, Gold Coast, Queensland, Australia.

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Note: all information is general in nature and as each matter is unique please contact our office for tailored advices: the above does not constitute legal advice.