In 2014 the Queensland Government introduced Pool Safety Laws. These laws apply to residential homes or units that have a pool or spa located on them.
Pool Safety Obligations
As a seller of a property with a pool or spa you have obligations to potential buyers. If there is currently no pool safety certificate issued for your pool, you will be required to provide a form called “Notice of No Pool Safety Certificate” to any prospective buyers before they sign a Contract of Sale.
Your Real Estate Agent will need to ensure the proposed Contract of Sale reflects the correct pool information. The Contract must state that there is no Certificate issued and that the Buyer has been provided with the Notice of No Pool Safety Certificate. The Notice advises the buyer that they have 90 days from settlement to obtain the certificate from a licensed pool safety inspector.
Under this option, the buyer is liable for any costs associated with having the pool compliant, unless otherwise negotiated as part of the Contract.
As long as you have provided this signed Notice to a prospective buyer, there are no further legal obligations for you to have a Pool Safety Certificate issued prior to settlement of your sale.
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