There are very strict rules relating to transactions involving properties with pools in Queensland. Below are the key points you should consider when purchasing a home with a pool.
Contract and Pool Safety Certificate:
Before signing the Contract, check if there is a valid Pool Safety Certificate issued for the Pool. The Agent will be able to check this for you, or you search the Queensland Building and Construction database here.
A Pool Safety Certificate means that a Pool Safety Inspector has checked the pool and certified that it is compliant.
If there is no Pool Safety Certificate or if it has expired, ask the agent to make the contract conditional upon the seller providing a Pool Safety Certificate at their expense, prior to settlement.
NOTE: Ensure this condition is in the Contract before signing. Do not rely on any verbal agreement to have one obtained.
No Pool Safety Certificate:
If the Seller does not agree to provide one, they are obligated to provide the Buyer with a Form 36 – Notice of No Pool Safety Certificate. It will then become the buyer’s obligation to obtain a Pool Safety Certificate. The seller is also required to provide a copy of this notice to the Queensland Building and Construction Commission which will then follow up with the buyer at a later date to check if the buyer has obtained the Pool Safety Certificate.
It will be the buyer’s responsibility to obtain the Pool Safety Certificate within 90 days from Settlement Date. This also means that any works that may be required to be done to the pool and its surroundings before a Pool Safety Certificate is issued, will need to be done at the cost of the buyer. This can become a very expensive and time consuming undertaking.
In order to obtain a Pool Safety Certificate, you will need to engage a Pool Safety Inspector. A list of Inspectors can be found on the Queensland Building and Construction website here.
NOTE: It is irrelevant whether the property will be vacant, or the pool empty after Settlement. A Pool Safety Certificate will still be required.
Repercussions if the Buyer does not obtain the Pool Safety Certificate:
When the Queensland Building and Construction Commission follows up, if a Pool Safety Certificate has not been obtained, serious penalties will apply:
- Penalties of up to $20,814.75 for individuals and $104,073.75 for corporations apply for non-compliance
- On-the-spot fines of $2,018.40 for individuals and $6,055.20 for corporations can also apply
We have provided this Guide to summarise the key points to note when purchasing a property with a pool. It is not meant to take the place of specific advice in relation to any particular matter, but to provide general background as to key concerns you need to address as a buyer.
Please contact us for further information specific to your property purchase or sale.
Taylah Bruce
Solicitor
