Pool Safety Inspections Tip #10: Selling with a Shared Pool

Properties with shared pools (long-term accommodation) have been given a special phase in period. Properties with shared pools (long-term accommodation), that have a settlement date on or before 1 September 2012 must obtain a pool safety certificate by 30 November 2012.

For shared pools (long-term accommodation) the following applies:

Before entering into a contract

A seller must either

 give the purchaser a pool safety certificate or

 give a notice of no pool safety certificate (Form 36). As previously stated the Form 36 advises that the pool may not comply with the pool safety standard and the steps that must be taken to comply. The Form 36 is intended to help prospective buyers make a more informed decision about purchasing the property.

Before settlement

A  seller must either

 give the purchaser a pool safety certificate  or

 ensure the purchaser has a Form 36 and also provide a copy of the Form 36 to the department and if relevant the body corporate responsible for the pool.

After settlement

If the purchaser has not been given a valid pool safety certificate before the settlement date, the purchaser has until 30 November 2012 to comply with the pool safety standard. This means that the pool owner (e.g. body corporate) must obtain a pool safety certificate before

30 November 2012. This timeframe cannot be legally extended and as such pool owners are encouraged to have the pool fence inspected with sufficient time to make repairs if needed.

For properties being sold by auction, if a valid pool safety certificate is in effect, the seller must give the certificate to the buyer before settlement. Otherwise, the owner or their agent (e.g. auctioneer, real estate agent etc.) must ensure a Form 36 is given to all prospective buyer/s (e.g. registered bidders) before entering into a contract of sale.

Pool safety certificates are valid for one year for shared pools, regardless of how many times the property is re-sold or re-leased during this period. However, to encourage early uptake, certificates obtained before 1 March 2011 for shared pools are valid for two years. A new certificate is not required after this period until the property is next sold or leased.

Pool safety certificates for shared pools must be conspicuously displayed near the main entrance to the premises or at a gate or door accessing the pool.

If you are selling a property, on the Gold Coast or in Brisbane, you should book in your pool safety inspection with us today.  We will inspect you pool fence and provide a pool safety certificate in the shortest possible time.  If your pool fence is compliant on the day of the inspection we will lodge the pool safety certificate with the Pool Safety Council and provide you with a copy before close of business on that same day.


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