Pool safety laws require pool owners to construct and maintain a compliant fence around their swimming pool regardless of when the pool was installed. Under the new laws, pool owners have until 30 November 2015 to meet the new pool safety standard or earlier if they sell or lease their property before that date.
If a property with a non-shared pool (residential homes) is not sold or leased before 30 November 2015, it must still have a compliant pool barrier. However the standard that will apply to that swimming pool is the standard that applied when the pool was built. For example if a pool was constructed in May 1998 and the property has not been sold or leased since 30 November 2010, then the pool will be assessed against the standard that applied in May 1998. However after 30 November 2015 the pool must comply with the current pool safety standard. For information about the history of swimming pool fencing legislation and relevant standards refer to Appendix F in the Swimming Pool Safety Laws – Guideline for pool owners and property agents.
From 1 December 2010, properties with a non-shared pool, such as houses, cannot be leased, or have another accommodation agreement entered into, without a pool safety certificate.
Buyers of properties with a non-shared pool need to obtain a pool safety certificate within 90 days from date of settlement if the seller has not given them a valid pool safety certificate that date. Sellers need to notify prospective buyers that there is no pool safety certificate before entering into a contract of sale and before settlement. This is done by serving a notice of no pool safety certificate (Form 36).
A two-year phase in period exists for properties sold or leased with shared pools, such as unit complexes and hotels. If a property has a shared pool (long-term accommodation only), the owner (body corporate) has until 30 November 2012 to obtain a pool safety certificate. In the interim a Form 36— Notice of no pool safety certificate, must be given to the purchaser prior to signing the contract or tenant before entering into an accommodation agreement.
It is crucial that pool owners in Brisbane and the Gold Coast have a pool safety inspection and a valid pool safety certificate in place to avoid fines. Pool safety inspections are cheaper than most people realise. Go to our pool safety inspection page to see our latest pool safety inspection packages. Get you pool safety certificate today!