Pool safety laws have reduced the number of drownings, and are an important factor in the sale of properties with pools.
Do I need to provide a Pool Safety Certificate to sell my house?
No, but you will need to provide a Form 36 -Notice of No Pool Safety Certificate.
Pool Safety Certificate
Simply if your home has a pool, you have an obligation under the pool safety laws to hold a Pool Safety Certificate. If you do not hold one, then you will need to have a licensed Pool Safety Inspector (who is registered with QBCC) carry out those inspections for you. Once they are satisfied with their inspections, they will issue you the Pool Safety Certificate, which you will need to provide to the buyer prior to settlement or at settlement.
A certificate will last two years for a non-shared pool from when it is issued.
Don’t have a Pool Safety Certificate?
If you are selling your house and do not have a Pool Safety Certificate, then you must provide the buyer with a Form 36 – Notice of No Pool Safety Certificate prior to entering into a contract and lodge the form to QBCC before settlement. This means the buyer must get a Pool Safety Certificate within 90 days of the settlement date.
How to obtain the Pool Safety Certificate, as a buyer?
There are essentially two ways to obtain the Pool Safety Certificate:
- Complete the questions in the pool safety section of the contract of sale and allow the contract to be subject to a Pool Safety Certificate issuing; or
- Put in a special condition requiring the seller to give the buyer a Pool Safety Certificate prior to settlement.
Whether you are a buyer or seller, read this article to ensure that the contract proceeds smoothly in this area.
If you have any questions, contact us at GLG Legal.