Property owners, buyers, sellers and landlords

The new pool safety laws apply to pools associated with houses, townhouses, units, hotels, motels, backpacker hostels, homestay accommodation and caravan parks (building classes 1-4 as defined under the Building Code of Australia).

From 1 December 2010 pool owners who sell or lease their property must comply with the new pool safety standard.

Different rules apply depending on whether the pool is a shared pool or non-shared pool.

Buyers and sellers

• 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. The form isintended to help prospective purchasers make a more informed decision about purchasing the property.
• Before settlement.  If a pool safety certificate is in effect before settlement, the seller must give the buyer a copy of the certificate.  If a pool safety certificate is not in effect before settlement, the owner must give the purchaser a Notice of no pool safety certificate - Form 36 with the settlement date on the form. A copy of the form must also be sent to the Department of Infrastructure and Planning. For shared pools, a copy must also be given to the body corporate.
• After settlement.  For non-shared pools, if a certificate is not in effect before settlement, the purchaser has 90 days from settlement to obtain a pool safety certificate.  For shared pools, if a pool safety certificate is not in effect before settlement, the pool owner, usually the body corporate, has 90 days from settlement to obtain a pool safety certificate. However, for settlements occurring on or before 1 September 2012, a phase in period applies—the pool owner has until 30 November 2012 to obtain a pool safety certificate for the pool.
• Properties sold at auction.  If a property with a pool is being sold at auction and no pool safety certificate is in effect, the owner or their agent (e.g. auctioneer, real estate agent, etc.) must ensure that copies of Notice of no pool safety certificate—Form 36 are given to the prospective purchaser/s before entering into a contract of sale.

For around $190 (incl GST) you can’t afford not to get an inspection done!  Click here to book and inspection and repair now.

Landlords

The new pool safety laws affect leasing arrangements. Different rules apply depending on whether the pool is a shared or non-shared pool.

• Non-shared pools.  If a pool is only accessible to residents of one dwelling such as a private house or private spa on a unit balcony, it is a non-shared pool.  Before entering into a new or renewed lease for a property with a non-shared pool, the owner must ensure a pool safety certificate is in effect for the pool.
• Shared pools.  If residents of two or more dwellings can use a pool, such as a body corporate pool, it is a shared pool.  For shared pools, the owner must give the person who will be the tenant a copy of a pool safety certificate before entering into the lease if a certificate is in effect.  If there is no certificate in effect, the owner must give a Notice of no pool safety certificate - Form 36 to the person who will be the tenant, to the body corporate and to the Department of Infrastructure and Planning before entering into the lease. The Notice of no pool safety certificate - Form 36 advises that the pool may not comply and the steps that must be taken to comply. The pool owner, usually the body corporate, has 90 days to obtain a pool safety certificate for the pool.  However, for leases entered into on or before 1 September 2012, a phase in period applies - the pool owner has until 30 November 2012 to obtain a pool safety certificate for the pool. If a new or renewed lease is entered into on or after 2 September 2012, the pool owner must obtain a pool safety certificate within 90 days of entering into the lease.

For around $190 (incl GST) you can’t afford not to get an inspection done!  Click here to book and inspection and repair now.