Pool safety laws affect contracts of sale. If you buy or sell a property with a pool on or after 1 December 2010, the information below applies to you.
Before entering a contract
If no pool safety certificate is in effect, before entering into a contract of sale for a property with a pool, the seller must give the prospective purchaser a Notice of no pool safety certificate—Form 36 (PDF).
To promote consistency of pool safety standards, local law making powers are removed under the legislation (chapter 8 of the Building Act 1975).
Existing local government pool safety laws and exemptions (except disability exemptions) will also be phased out by 30 November 2015.
Local governments have more powers including:
Local governments play an important role with regards to pool safety. They can:
- enter properties to inspect pools
- prosecute owners of non-compliant pools
- decide impracticality exemptions and existing disability exemptions
- cancel pool safety certificates for noncompliant pools
- declare areas as ‘remote’ to help minimise inspection costs for pools in remote areas
They are also required to:
Swimming pools should be fun. However, drowning is one of the leading causes of death in Queensland for children under the age of five years old. Supervising young children, teaching them to swim and having effective pool fencing can save lives. This is why pool safety laws were introduced.
In this section, we provide tools and tips to help you navigate through the legal requirements so that you can learn more about your responsibilities as a pool owner.
When do I need a pool safety certificate?
You are not required to obtain a pool safety certificate by November 2015 unless you are selling or leasing a property with a pool.
Regardless of whether a pool safety certificate is required or not all pool owners must ensure their pool complies with the current pool safety standard by November 2015.
My spa has a fully lockable, solid cover. Do I still need to have a complying barrier for the spa, and why?
Yes. There is still the potential for the lockable lid to be left open or unlocked.