Property agents may find they are being asked by owners and tenants what they need to do to comply with pool safety laws.
Pool safety certificates are only required when properties are sold or leased.
Who must obtain the certificate, and by when, depends on whether it’s a sale or lease and the type of pool.
For a lease of a property with a non-shared pool, there must be a certificate at the time of entering any new lease. A property agent who collects commissions for a lease or other accommodation agreement with a non-shared pool that does not have a certificate, may face disciplinary proceedings under the Property Occupations Act 2014. The pool owner can receive an on-the-spot fine over $1,800.
Otherwise, for sales of non-shared and shared pools and for leases of properties with shared pools, the owner can give either a certificate, or a notice of no certificate.
With a notice of no certificate, it then becomes the obligation of either the buyer (for a house) or the body corporate (for a unit) to obtain the certificate within 90 days after settlement (or lease, if a lease of a unit with a shared pool).
In some cases, owners may request property agents to attend to pool safety matters on their behalf.
This means that property agents need to be aware of:
- Form 23 – Pool safety certificate (can only be issued by a licensed pool safety inspector)
- Form 36 – Notice of no pool safety certificate (for sales of shared and non-shared pools and leases of shared pools only).
The Form 36 must be given to the prospective buyer, the body corporate (for a shared pool), and to the QBCC. For a lease of a unit with a shared pool with no certificate, the lot owner must also give a copy of the Form 36 to the person who will be the occupier.
Property agents can use the pool safety register to check whether a pool has a current pool safety certificate.