Queensland has some of the strictest laws in Australia when it comes to the regulation of swimming pools and they become especially relevant when it comes to buying or selling a property with a pool, whether it is a non-shared pool, or a shared pool.
The new laws come into effect in 2010, as an amendment to the Building Act 1975 (Qld) and pool owners must ensure their pool is compliant with the new regulations set out within. What this means is that when you a selling a property on the Gold Coast, or in Brisbane you must do one of two things:
- Provide the buyer of the property with a Pool Safety Certificate before they enter into a contract of sale; or
- Provide the buyer with a Notice of No Pool Safety Certificate before they enter into a contract of sale.
You must have an inspection completed and the pool signed off by an approved inspector before a contract of sale is entered into, if you are choosing to provide the buyer with a Certificate.
Otherwise in providing them with a Notice of No Pool Safety Certificate they are buying the property aware that the pool may not be compliant with the regulations and they must arrange at their cost for a Pool Safety Certificate to be approved for the pool within 90 days of the settlement date and rectify any defects at their own cost. Under the current laws a pool must be compliant and have a Certificate when the property changes hands.
Whilst it is not compulsory to have a Certificate, and many buyers will happily accept a Notice of No Pool Safety Certificate, some buyers will understandably be put off by the fact that the pool does not have one, as there may be defects in the current fencing, or another issue with the pool, which they will have to rectify at their own cost.
What requirements must a pool meet to qualify for a Pool Safety Certificate?
- In order to obtain a Pool Safety Certificate an inspection of the pool must be carried out by a pool safety inspector;
- The pool is to be listed in the Pool Safey Register;
- Resucitation signs must be installed and clearly visible in the pool area;
- Fencing must be a minimum 1.2 metres in height;
- The latch for the pool gate must be at least 1.5 metres in height;
- A non-climbable zone must exist 90cm on the outside of the pool fence and 30cm on the inside of the pool fence;
- No doors of the house should open directly into the pool area; and
- Safety screens must be installed on all windows opening into the pool area.
A pool safety certificate is valid for two years for a non-shared pool and one year for a shared pool.
When selling your property, as long as you comply with the law by providing one of the two items detailed above, then you are meeting your legal obligations as a seller. We suggest it is a worthwhile exercise to obtain a Pool Safety Certificate though, as this will make the transaction easier and not cause an issue for any potential buyers.