Pool Safety Certificates when Buying or Selling a Home in QLD

For sale sign in front of swimming pool

If you are considering buying or selling a property in Queensland with a swimming pool or spa, it’s essential to understand the regulations surrounding pool safety certificates. These certificates play a vital role in ensuring the safety of those who use the pool.

Let’s take a closer look at when you actually need a pool safety certificate, how long they’re valid for, and why they matter.

Overview of When You Need a Pool Safety Certificate

Before Entering a Contract of Sale

Before entering into a contract to buy or sell a property, you should consider the pool’s safety compliance. Sellers must provide buyers with a pool safety certificate or a “Notice of No Pool Safety Certificate” if none exists. The buyer has 90 days from the settlement date to obtain a safety certificate.

Before Your Property Settlement

For a smooth property settlement, ensuring you have a valid pool safety certificate is important. If you don’t have one, you must provide the buyer with a Form 36 – Notice of No Pool Safety Certificate. This form informs the buyer of the potential non-compliance and their obligation to rectify it within 90 days from settlement.

After Your Property Settlement

In the event of non-compliance with pool safety laws, the buyer, for non-shared pools, or the body corporate, for shared pools, has a 90-day grace period from the settlement date to make the necessary repairs and obtain a pool safety certificate. A Form 36 helps in this process.

If You Are Selling Your Property at Auction

Selling your property at auction? Ensure you, your auctioneer, or your real estate agent provide prospective buyers with a Form 36 if there’s no pool safety certificate in place. This step informs buyers about potential non-compliance and their obligations.

How Long Are Pool Safety Certificates Valid For?

Pool certificates have different durations depending on the type of pool:

  • Two years for non-shared pools
  • One year for shared pools

To maintain pool compliance, it’s advisable to keep your certificate up to date by scheduling inspections with a licensed pool safety inspector just before the certificate expires.

Also read: Replacing A Pool Fence Or Barrier In QLD

Pool safety barrier

Additional Responsibilities When Buying or Selling a Home with a Pool

Selling a Property with a Pool

Sellers can sell a property with or without a current pool safety certificate. If selling with a certificate, the seller must provide the buyer with a copy of the certificate before entering the contract and ensure the barrier remains compliant until settlement. If there’s no certificate, a Form 36 – Notice of No Pool Safety Certificate must be provided to the buyer.

Buying a Property with a Pool

If the buyer is provided with a pool safety certificate, no further action is required. However, if the seller issues a Form 36, the buyer must obtain a pool safety certificate within 90 days of settlement. In some cases, a special condition can be added to the contract, requiring the seller to obtain a certificate before settlement.

Pre-Purchase Pool Safety Inspections

These inspections are vital when buying a property with a swimming pool or spa. They help you understand if the pool complies with safety standards and can save you from expensive pool fencing repairs in the future. Consider hiring a licensed pool inspector to ensure the pool is safe and compliant.

Keep your pool safety certificate up to date to avoid delays and maintain the safety of your pool area. If you need assistance with pool safety inspections and compliance, consider reaching out to licensed professionals who can guide you through the process and help keep your pool safe.

View this handy QLD Pool Inspection Checklist and QBCC video to make sure you pass your inspection first go.

qualified building inspector

Contact ICertified for Your Pool Safety Certification Needs

For all pool owners; if you need your pool safety certification and expert guidance on ensuring your property complies with Queensland’s pool safety laws, contact ICertified.

To schedule an inspection or inquire about our services, book online or call us at 1300 899 078. Or, email us anytime at mail@icertified.com.au.

We provide affordable and convenient pool safety inspections with a fast turnaround time on our pool safety reports and certificates in Brisbane, Gold Coast, and the Sunshine Coast.