Real Estate Agents and Property managers

Real Estate Agents and Property Mangers need to be aware of the new laws and how this will affect contracts and lease agreements.

The new laws require that new and existing pools must comply with the new pool saefty laws. The new applies to  indoor and outdoor pools and spas in houses, townhouses, units, hotels and motels, caretaker residences, caravan parks, backpackers, hostels, mobile home parks and homestays.

Forms

There are two key forms:

• Form 23 – Pool safety certificate - This forms must be provided by a licensed pool safety inspector.
• Form 36 – Notice of no pool safety certificate – This form is used by seller and lessors when a pool safety certificate is not in effect.

Property Managers - non-shared pool

If a property with a non-shared pool (e.g. a house) is leased on or after 1 December 2010, a pool safety certificate (form 23) must be obtained from a licensed pool safety inspector by the lessor prior to entering into the lease.

Agents need to be aware that asking for, or receiving, a fee, commission, gain or other reward for activities associated with entering into a lease, where there is no pool safety certificate for a non-shared pool, is grounds for disciplinary proceedings against the agent under the Property Agents and Motor Dealers Act 2000.

Sales Agents - Non-shared pools?

Before entering a contract of sale, sellers are required to notify the potential purchaser if there is no certificate (by giving the potential byer a completed Form 36). If a certificate is not available before settlement the Form 36 given to the potential buyer before the contract was formed will suffice unless the settlement date or other information on the form has changed. In this case a revised copy of the form must be given to the buyer.

Where a property is sold, if the seller does not provide the buyer with a certificate, the buyer must obtain a pool safety certificate within 90 days of settlement.

Sale or lease - Shared pools

If a pool safety certificate is not already in effect, the owner of a shared pool (e.g. the body corporate or hotel owner) must obtain a pool safety certificate within 90 days of a sale, lease or other accommodation agreement (e.g. hotel stay) taking place.

Shared pool owners, such as bodies corporate, can take advantage of a two year phase in period from 1 December 2010 to obtain a certificate unless the pool is associated with short-term accommodation (e.g. hotels) in which case the phase in period is six months.

Pool safety certificates

Only licensed inspectors may issue pool safety certificates. An electronic register of pool safety inspectors is available.

Pool safety certificates are valid for one year from date of issue for shared pools and two years for non-shared pools. If another sale or lease occurs within this validity period, another certificate is not necessary.

Pool safety certificates for shared pools must be conspicuously displayed near the main entrance to the premises or at a gate or door accessing the pool. Owners of non-shared pools do not need to display their pool safety certificates.

This information was based on information published by the Queensland Department of Local Government and Planning.  For more upto date information please visit that site.

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