In the process of Buying/Selling or Leasing a Queensland Property, and wondering how the new Pool Safety Legislation will impact you from December 1st 2010? Well keep reading. New information has been released onto the Department of Infrastructure & Planning’s website - Below are a few key points to be aware of:
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Before entering into a contract to purchase a property:
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.
Form 36 advises that the pool may not comply and the steps that must be taken to comply. Form 36 is intended to help prospective purchasers make a more informed decision about purchasing the property.
Before settlement
If a pool safety certificate is in effect, the seller must give the buyer a copy of the certificate before settlement. If a pool safety certificate is not in effect before settlement, the seller must give the purchaser a 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.
Leasing A Property:
Under Queensland’s residential tenancy laws, if a new fixed term lease agreement is not signed or extended, it automatically becomes a periodic agreement. Similar to the model adopted for replacement and testing of smoke alarms, the pool safety laws do not require a pool safety certificate to be obtained in this scenario.
However, if the original terms and conditions of the agreement change at any point (e.g. a rent increase), a pool safety certificate will need to be obtained before entering into the new or renewed lease.
POOL SAFETY FACT SHEETS:
The Queensland Government has released the following fact sheets, outlining the key requirements for compliance:
New Pool Safety Laws – Leasing a Property with a Pool
New Pool Safety Laws – Selling a Property with a Pool
New Pool Safety Laws – Overview
FREE PUBLIC INFORMATION SESSIONS:
Are being held across Queensland. To find out where and when they are being held, log onto: http://www.dip.qld.gov.au/pool-safety/pool-safety-laws-information-sessions.html
POOL SAFETY REGISTER:
The Department of Infrastructure and Planning has released updated information regarding the commencement of the Pool Safety Register:
The pool safety register has been developed under the new pool safety laws. The register is being populated with Local Governments’ records of regulated pools across Queensland.
Pool owners should check the register after 28 February 2011 to ensure their pool has been registered. If your pool is not on the register after this date, you have until 4 May 2011 to register your pool. Penalties of up to $2,000 will apply after this time.
If the register shows that there is a current pool safety certificate for a property this can be relied on for any sale or lease of a regulated pool.
For more information, contact The Pool Planner on 1300-544-393 to organise your Pool Safety Certification.
Or if you’d like to find out how we can make the process of building a pool stress-free and cost effective visit our website
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