• cvanderhoven

POOL SAFETY CERTIFICATES

Updated: Oct 22, 2021


For properties being sold with pools installed, there are certain obligations on both the seller and buyer that you should consider. Failing to take these obligations into account may risk termination of the contract.


Seller:

For a seller, the easiest way to avoid any complications is to obtain a Pool Safety Certificate prior to entering into the contract, however this is sometimes not possible. In circumstances where obtaining a Pool Safety Certificate could risk losing a sale, the seller must provide to the buyer a Form 36 - Notice of No Pool Safety Certificate prior to entering into the contract.


This can be found at:

https://www.qbcc.qld.gov.au/sites/default/files/Form36-NoticeOfNoPoolSafetyCertificate.pdf

The seller will then need to provide the QBCC Form to poolsafety@qbcc.qld.gov.au prior to the settlement of the contract.


Please consider that this approach does not prevent the local government from taking action against the seller in relation to any non-compliance issues.

Additionally, under the contract the buyer has certain rights if a Pool Safety Certificate is not provided prior to the contract being signed.


Buyer:

If the buyer has received a Form 36 notice prior to entering into the contract then the buyer must within 90 days of settlement obtain a Pool Safety Certificate.


However, standard condition 4.2 [of the REIQ Contract for houses and residential land] contractually adds a dynamic, whereby the buyer must either obtain the Pool Safety Certificate on either the pool safety inspection date (if recorded in the contract) or the earlier of:

· The building and/or pest inspection date or if this is not a condition of the contract then;

· 2 days before the settlement date.

The buyer can waive this right, but by doing so risks dealing with any non-compliance issues following settlement. Whereas, attending to this quickly and prior to the pool safety inspection date will enable the buyer the option to terminate the contract.


Again, the easiest way to avoid possible termination is simply to ensure that when a potential seller approaches you to sell their house with a pool, they obtain a Pool Safety Certificate first. If this is not possible feel free to contact us and we can walk you through the best alternatives.