images“Do I Need A Pool Safety Certificate When Selling My Home?

The process for when you need to get a pool safety certificate differs depending on whether you are selling a property with a shared or non-shared pool.

 

Selling a property with a non-shared pool.

You can sell your home with or without a Pool Safety Certificate, Form 23.

If you are selling with a pool safety certificate, you must give the buyer a copy prior to settlement. You can access a copy of the certificate on the pool register. As a pool owner, you are responsible for ensuring the barrier is compliant with the pool safety standard at all times, even after providing/receiving the Form 23. Failing to do so may result in penalties or fines.

If you are not providing the buyer with a certificate, you must give the buyer a Form 36-notice of no pool safety certificate (PDF) prior to entering a contract of sale and send a completed copy of the form to QBCC () before settlement of the property.

Even if you are giving the buyer a form 36-Notice of No Certificate, your pool must be compliant and remain compliant with the current pool safety standards at all times.  If your pool is not compliant, giving a form 36 does not prevent your local council from taking action against you in relation to the noncompliance.

The buyer must get a Pool Safety Certificate, Form 23, within 90 days of settlement (if there was no certificate on the date of settlement).

 

Expiry date for certificates

Pool safety certificates for non-shared pools are valid for 2 years from date of issue and 1 year for shared pools.

 

Selling a property with a shared pool.

A shared pool means that it is accessible to residents of two or more dwellings. They are typically associated with apartment and unit complexes, hotels, motels, backpacker hostels and caravan parks.

If you own a unit or apartment with a shared pool, you can sell it with or without a pool safety certificate.

If you are selling with a pool safety certificate, you must give the buyer a copy prior to settlement. You can access a copy of the certificate on the pool register. As a pool owner, you are responsible for ensuring the barrier is compliant with the pool safety standard at all times, even after providing/receiving the Form 23. Failing to do so may result in penalties or fines.

However, if you are not providing a certificate, you must give a completed copy of the Form 36-notice of no pool safety certificate to the buyer before entering the contract of sale. Even if you are giving the buyer a form 36-Notice of No Certificate, the pool must be compliant and remain compliant with the current pool safety standards at all times.  If the pool is not compliant, giving a form 36 does not prevent your local council from taking action against you in relation to the noncompliance.

Before settlement, you must provide a completed copy of this form to the owner of the pool (usually a body corporate) and the QBCC ().

The owner of the pool (usually the body corporate) then has 90 days to obtain a pool safety certificate.

 

Recently built pools.

For recently built pools, a Final Inspection Certificate (Form 17) or Certificate of Classification issued by the building certifier can be used as a pool safety certificate. The certificate must confirm that the pool meets the standard and be lodged by the building certifier with the QBCC at .

Either of these certificates replaces a pool safety certificate and becomes valid for one year from its date of issue for shared pools and two years for non-shared pools.

 

Pool Safety Inspections.

As the trusted leader of pool safety certification, Brisbane Pool Certifiers can inspect you pool and issue the pool safety certificate on compliance. Book Now or call our inspector on 0417 630 509.

 

 

 

Here is a Quick Guide to the Qld Pool Fence Regulations.

Fences

  • The minimum height from finished ground level to the top of the barrier is 1200mm.
  • The maximum allowable gap from finished ground level to the bottom of any barrier is 100mm.
  • There must be one gap of at least 900mm between any horizontal rails on the outside, and the gaps in the vertical members must not exceed 100mm.
  • If there is no gap between horizontal rails of at least 900mm, then the horizontal rails must be on the inside and the gaps in the vertical rails must not exceed 10mm.
  • For fences less than 1800mm high, climbable objects must be at least 900mm away from the pool barrier on the outside and, where the verticals are more than 10mm apart, 300mm on the inside.
  • For fences at least 1800mm high, the 900mm non-climbable zone may be on the inside of the fence and must be measured from the top of the inside.  This could be useful for a boundary fence, for example, where it is difficult to make the non climbable zone outside the fence. Make sure that there is nothing underneath this zone that a child could jump on to, which would reduce the effective height of the fence from the minimum 1800mm

 

Pool Gates

  • Pool gates must not open inwards to the pool area and must be self-closing and self-latching from all positions.
  • Latches on the the gate must be at least 1500mm high from the ground level and 1400mm from the top part of the lower horizontal railings. If not, the latch must be located inside so that it is necessary to reach over or through the fencing at a height of not less than 1200mm above ground level or at least 1000mm above the top part of the lower horizontal railings. It must also be 150mm below the top of the gate or the edge of any hand hole opening and, if necessary, covered with a 450mm radius shield with no openings greater than 10mm
  • Pool gate hinges thicker than 10mm must be at least 900mm apart or the lower hinge must have a non-climbable (sixty degree) safety cap fixed to prevent climbing.

Doors and Windows

  • There can be no direct access through a door from the house or another building, to the pool area.
  • Generally, any windows opening onto the pool area must not open more than 100mm or must have a security screen fitted
Disclosure –Note the above checklist is a general guide to some of the most common areas of non compliance we find as pool safety inspectors and should not be viewed as a full and comprehensive list of all the pool safety regulations.
 
“What is Classed as a Swimming Pool?”

The Building Act 1975 defines a swimming pool as an excavation or structure:

  • Swimming Pools including portable pools and spas. Your portable pool or spa must comply with pool safety laws if it: *Can hold more than 300mm of water. *Has a volume of more than 2,000L.  *Has a filtration system.
  • Queensland’s Pool Safety laws don’t apply to portable pools and spas that meet all of the below criteria: *You can’t fill it with more than 300mm of water. *It has a maximum volume of 2,000L. *It has no filtration system.
  • Qld Pool Safety laws also don’t apply to a: *Fish pond. *Ornamental pond, manufactured to be used for ornamental purposes. *Dam used for aquaculture, marine research or storage of water. *Watercourse. *Spa bath situated in a bathroom which is not continually filled with water. * Birthing pool used solely for water births. *Portable wading pool.
  • A Portable Wading Pool is defined as: *Capable of being filled with water to a depth of less than 300 millimetres. *Having a volume of no more than 2,000 litres. *Having no filtration or pumping system.
If you have an above ground pool or outdoor spa and would like us to do a Pool Safety Inspection to check for compliance with the Qld Pool Safety Regulations click here to book online www.brisbanepoolcertifiers.com.au

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