Buying or Renting a House with a Pool

You may or may not be aware that the Queensland Government recently introduced Pool Safety Laws that apply to residential homes or units that have a pool or spa located on them.

What does this mean to you?

With the pool safety laws coming into effected on 30 November 2015, all homeowners are now required to comply with these changes.

If you are considering purchasing a property with a pool or spa, it is important that you firstly determine whether a current Pool Safety Certificate has been issued. If there is, the Real Estate Agent should be able to provide you with a copy before you sign the Contract of Sale. Otherwise, you are also able to search the Pool Safety Register at which will reveal if there is currently a Certificate issued for the property.

If there is no Pool Safety Certificate issued for the property, the Seller must provide you with a prescribed form called “Notice of No Pool Safety Certificate” prior to you entering into the Contract.

Under the terms of the Contract, you are entitled to have a Pool Safety Inspection carried out. It is important that you arrange for this inspection to determine any damage to the pool or equipment or any fencing requirements and to provide you with details of the likely cost of having the Pool Safety Certificate issued. Depending on the works that are required to be carried out, this could potentially be an expensive and unexpected cost that you may wish to take into consideration during your building and pest negotiations.

If you decide to purchase a property with no Pool Safety Certificate issued, it will be your responsibility to arrange for a Certificate to be issued within 90 days from settlement or risk facing a significant fine from the Queensland Government.

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