If a property agent collects commissions in connection with a lease or other accommodation agreement where no pool safety certificate has been obtained for a non-shared pool, they may be liable for disciplinary proceedings under the Property Agents and Motor Dealers Act 2000.
In some cases owners may request property agents to attend to pool safety matters on their behalf. They may request that the property agent be present for the inspection of the pool fence and to arrange for any pool fence repairs that may be required for a pool safety certificate to be issued. The two key forms property agents need to be aware of are:
Form 23—Pool safety certificate, for pools that comply
Form 36—Notice of no pool safety certificate (for sales of shared and non-shared pools and leases of shared pool that do not have a pool safety certificate).
Property agents can use the online pool safety register at www.dlgp.qld.gov.au/poolsafetyregister to check whether a valid pool safety certificate is in effect for a pool.
The Real Estate Institute of Queensland and the Queensland Law Society have amended the standard sale contracts to include matters relating to pool safety. They have also published guidance material about the new pool safety laws for their members.
Please be aware of the new pool safety laws and the requirements involved with pool safety inspections and the need to have your swimming pool fence inspected and maintained at all times. If you have any questions regarding your pool fence obligations or to book in a pool safety inspection please contact us. We are the leading pool inspection business in Brisbane and the Gold Coast.