Your Obligations in QLD
Do you own a swimming pool?
Queensland’s pool safety laws were introduced in 2009 and apply to all pools (new and existing). Every pool owner must ensure their pool now complies with the Pool Safety Standard (QDCMP3.4 – Swimming Pool Barriers) by the 30th November 2015 deadline.
Local governments now have the power to enter your property (property owner authority is not required) to investigate compliance with pool safety standards and if your pool barrier is found not to be compliant, you may receive an on-the-spot fine.
Unless you are selling or leasing your property, you do not need a pool safety inspection or a pool safety certificate, however your pool still needs to be compliant. For most pool owners, it is almost impossible to understand and work out if your pool barrier complies with legislation. Most pool owners only need advisory services from a pool safety inspector.
Selling a property with a swimming pool?
If you are selling your property, you are required by law to give the buyer a Pool Safety Certificate (Form 23) settlement or a Notice of No Pool Safety Certificate (Form 36) prior to signing a contract and provide a copy to the Queensland Building and Construction Commission. For shared pools, you must also provide a copy to the pool owner (e.g. the body corporate).
Buying a property with a swimming pool?
If you are buying a property, you must receive a Pool Safety Certificate (Form 23) from the seller or otherwise a Notice of No Pool Safety Certificate (Form 36) If you receive a Pool Safety Certificate (Form 23), this means the pool is compliant and settlement may occur.
If you receive a Notice of No Pool Safety Certificate (Form 36), you as the purchaser and new pool owner have 90 days from settlement to get a pool safety certificate and are liable for any compliance costs to get your pool certified (unless otherwise negotiated as part of the sale contract).
We offer a Pre-Inspection Advisory service to assess the condition of the pool barrier and its compliance to the Pool Safety Standard before you agree to purchase the property. This service is not a Pool Safety Inspection and a Pool Safety Certificate cannot be issued.
Leasing / renting a property with a swimming pool?
If you are leasing or renting out your property to tenants, you are required by law to give the tenants a Pool Safety Certificate (Form 23) before the lease is signed.
If you are renewing a lease. You are also required by law to give the tenants a valid Pool Safety Certificate (Form 23) before the lease renewal is signed. This can be the same certificate if it has not yet expired, otherwise a new certificate will be required.
Managing a sale or lease transaction for a client property with a swimming pool?
If you are acting on behalf of a client for a sale or lease transaction, you must advise them of their obligation to have a valid Pool Safety Certificate (Form 23). You may act on your client’s behalf to arrange this, however the pool owner must provide consent and authority to request for a Pool Safety Inspection and to obtain the Pool Safety Certificate.
Strata / Body Corporate
Residential complex, apartment or similar with a swimming pool?
If you are a Body Corporate of a residential complex, apartment building, estate community or similar, you must arrange for a Pool Safety Certificate (Form 23) each year if any one of the property owners decides to sell or lease.
A property owner cannot sell or lease their property if the pool owner (Body Corporate) does not have a valid Pool Safety Certificate.
Hotels, Motels, Gyms, etc.
Other Venue with a swimming Pool?
If you are a Gym, Spa or Accommodation Venue (eg. Hotel, Resort, Motel, Caravan Park, Backpacker or any other Class 3 accommodation venue with a pool), you must by law arrange for a Pool Safety Certificate (Form 23) each year or have a pool safety management plan that has been approved by the Queensland Building and Construction Commission.