“Do I Need a Pool Safety Certificate?”

You will require a Pool Safety Certificate for the following:

1. There is *Non-Shared Pool at a property you are selling, leasing or renting

* A pool that may be used only by the residents of one dwelling such as a private house pool or a spa on a unit balcony. The only exception is for pools associated with a hotel, motel, backpacker hostel or other class 3 building (refer to Appendix C). Such pools are shared pools, even if they are only accessible to the residents of one dwelling.

2. You have a *Shared Pool

* Where the residents of more than one dwelling—such as a body corporate pool—have the right to use the pool, the pool is a shared pool. Pools situated on land associated with a hotel, motel, backpacker hostel or other class 3 building (refer to Appendix C) are generally considered shared pools.

3. When you are selling a property with a swimming pool the following applies:

Before entering into a contract
A seller must either:
• give the purchaser a pool safety certificate or
• give the purchaser a Form 36. Form 36 advises that the pool may not comply with the pool safety standard and the steps that must be taken to comply. 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 provide a copy of the Form 36 to the QBCC.

After settlement
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.hpw.qld.gov.au/aboutus/ReportsPublications/FormsTemplates) is given to all prospective buyers e.g. registered bidders, before entering into a contract of sale.

Pool safety certificates are valid for two years for non-shared pools. This is 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.

Pool safety certificates are valid for one year for shared pools. This is 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 until the property is next sold or leased.

I hope this has helped answer your questions regarding the the requirements of Pool Safety Certificates in Queensland. Do drop us a line for any queries around this.

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