CategoriesPool safety information for buyers, sellers, lessors and real estate agents
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Non-shared pools
If a pool is only accessible to residents of one dwelling, such as a private house or private spa on a unit balcony, it is a non-shared pool.
Shared pools
If residents of two or more dwellings can use a pool, such as a body corporate pool, it is a shared pool.
Pool safety laws affect contracts of sale. If you bought or sold a property with a pool on or after 1 December 2010, the information below applies to you.
Before entering a contract
If no pool safety certificate is in effect, before entering into a contract of sale for a property with a pool, the seller must give the prospective purchaser a Notice of no pool safety certificate - form 36 ( 59 KB).
Form 36 advises that the pool may not comply and the steps the purchaser or pool owner must take to ensure the pool complies. The form is also intended to help prospective purchasers make a more informed decision about purchasing the property.
Before settlement
If a pool safety certificate is in effect before settlement, the seller must give the buyer a copy of the certificate. If a pool safety certificate is not in effect before settlement, the owner must give the purchaser a Notice of no pool safety certificate - Form 36 with the settlement date on the form. A copy of the form must also be sent to the department. For shared pools, a copy must also be given to the body corporate.
After settlement
For non-shared pools, if a certificate is not in effect before settlement, the purchaser has 90 days from settlement to obtain a pool safety certificate. For shared pools, if a pool safety certificate is not in effect before settlement, the pool owner, usually the body corporate, has 90 days from settlement to obtain a pool safety certificate. However, for settlements occurring on or before 1 September 2012, a phase in period applies—the pool owner has until 30 November 2012 to obtain a pool safety certificate for the pool.
Auctions
If a property with a pool is being sold at auction and no pool safety certificate is in effect, the owner or their agent (e.g. auctioneer, real estate agent, etc.) must ensure that copies of Notice of no pool safety certificate - Form 36 are given to the prospective purchaser/s before entering into a contract of sale.
For more information about the new pool laws relating to selling a property with a pool, refer to the selling a property with a pool fact sheet ( 193 KB)
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Validity of pool safety certificates
Pool safety certificates are valid from the date of issue for:
:: Two years for non-shared pools
:: One year for shared pools.
Delay to pool safety laws for rental properties
In response to the Queensland floods and Cyclone Yasi, the government has announced a delay to the application of the new pool safety laws for rental properties with non-shared pools, such as houses. The exemption applied from 8 January to 8 July 2011 and allowed these properties to be leased without a pool safety certificate, making it easier for disaster affected Queenslanders to move into temporary accommodation.
From 8 July 2011 all other aspects of the pool safety laws continue to apply, including the requirement for a pool safety certificate to be in place before renting properties with non-shared pools. For more information, contact the department by telephone 1800 340 634 or email: psc@dlgp.qld.gov.au
The new pool safety laws affect leasing arrangements. Different rules apply depending on whether the pool is a shared or non-shared pool.
Non-shared pools
If a pool is only accessible to residents of one dwelling such as a private house or private spa on a unit balcony, it is a non-shared pool. Before entering into a new or renewed lease for a property with a non-shared pool, the owner must ensure a pool safety certificate is in effect for the pool.
Shared pools
If residents of two or more dwellings can use a pool, such as a body corporate pool, it is a shared pool. For shared pools, the owner must give the person who will be the tenant a copy of a pool safety certificate before entering into the lease if a certificate is in effect.
If there is no certificate in effect, the owner must give a Notice of no pool safety certificate to the person who will be the tenant, to the body corporate and to the department before entering into the lease. The Notice of no pool safety certificate - The pool may not comply and the steps that must be taken to comply. The pool owner, usually the body corporate, has 90 days to obtain a pool safety certificate for the pool.
However, for leases entered into on or before 1 September 2012, a phase in period applies - the pool owner has until 30 November 2012 to obtain a pool safety certificate for the pool. If a new or renewed lease is entered into on or after 2 September 2012, the pool owner must obtain a pool safety certificate within 90 days of entering into the lease.
Validity of pool safety certificates
Pool safety certificates are valid for two years from the date of issue for non-shared pools, and one year for shared pools.
Pool safety information for real estate agents
Real Estate Agents, Property Agents and Resident Letting Agents need to be aware of the new laws and how this will affect contracts and lease agreements.
The new laws introduce a uniform pool safety standard, which new and existing pools must comply with. This includes indoor and outdoor pools and spas in houses, townhouses, units, hotels and motels, caretaker residences, caravan parks, backpackers, hostels, mobile home parks and homestays
Forms
Real estate agents need to be aware of two key forms:
Form 23 – Pool safety certificate ( 85 KB) - This forms must be provided by a licensed pool safety inspector.
Form 36 – Notice of no pool safety certificate ( 59 KB) – This form is used by seller and lessors when a pool safety certificate is not in effect.
Pool owners who have had their pool inspected and the pool does not comply, will receive a non-conformity notice—Form 26. Real estate agents are not required to take any action with this form. The form is used to indicate to the pool owner what steps are required to ensure the pool complies. Once the pool is found compliant by a licensed pool safety inspector, the inspector must give the owner a Pool safety certificate—Form 23.
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Leases of non-shared pools
If a property with a non-shared pool (e.g. a house) is leased on or after 1 December 2010, a pool safety certificate (form 23) must be obtained from a licensed pool safety inspector by the lessor prior to entering into the lease.
Agents need to be aware that asking for, or receiving, a fee, commission, gain or other reward for activities associated with entering into a lease, where there is no pool safety certificate for a non-shared pool, is grounds for disciplinary proceedings against the agent under the Property Agents and Motor Dealers Act 2000.
Sale - Non-shared pools
Before entering a contract of sale, sellers are required to notify the potential purchaser if there is no certificate (by giving the potential byer a completed Form 36). If a certificate is not available before settlement the Form 36 given to the potential buyer before the contract was formed will suffice unless the settlement date or other information on the form has changed. In this case a revised copy of the form must be given to the buyer.
Where a property is sold, if the seller does not provide the buyer with a certificate, the buyer must obtain a pool safety certificate within 90 days of settlement.
Sale or lease - Shared pools
If a pool safety certificate is not already in effect, the owner of a shared pool (e.g. the body corporate or hotel owner) must obtain a pool safety certificate within 90 days of a sale, lease or other accommodation agreement (e.g. hotel stay) taking place.
Shared pool owners, such as bodies corporate, can take advantage of a two year phase in period from 1 December 2010 to obtain a certificate unless the pool is associated with short-term accommodation (e.g. hotels) in which case the phase in period is six months.
Pool safety certificates
Only licensed inspectors may issue pool safety certificates. An electronic register of pool safety inspectors is available. Pool safety certificates are valid for one year from date of issue for shared pools and two years for non-shared pools. If another sale or lease occurs within this validity period, another certificate is not necessary.
Pool safety certificates for shared pools must be conspicuously displayed near the main entrance to the premises or at a gate or door accessing the pool. Owners of non-shared pools do not need to display their pool safety certificates.
