From 1 December 2010 a valid pool safety certificate must be obtained if a property with a pool is sold. To ensure this occurs the following obligations have been placed on the seller of the property.
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). 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.
A seller must either
- the purchaser a pool safety certificate or
- ensure the purchaser has a Form 36 and provide a copy of the Form 36 to the department.
If the purchaser has not been given a valid pool safety certificate before the settlement date, they must obtain one within 90 days of settlement. There is no legislative ability to extend this 90-day period.
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 (accessed online at www.dlgp.qld.gov.au) is given to all prospective buyer/s (e.g. registered bidders) before entering into a contract of sale.
Pool safety certificates are valid for two years for non-shared pools, regardless of how many times the property is re-sold or re-leased during this period. A new certificate is not required after this period, unless selling or leasing the property. There is no requirement to display pool safety certificates for non-shared pools.
We conduct pool safety inspections in the Brisbane and Gold Coast regions. We provide free pool safety inspection checklists and advice for pool fence repairs. We issue fast turnaround pool safety inspections and pool safety certificates for those who have a prospective buyer and don’t wish for anything to jeopardise the contract. Check out our pool safety inspection specials today.