Agents need to be aware of the following two key forms used for the new pool safety laws:
Pool safety certificate—Form 23. This form indicates that the pool has been inspected by a licensed pool safety inspector and it complies with the laws.
Pool owners who have had their pool inspected and the pool does not comply, will receive a Pool safety nonconformity notice—Form 26. Real estate agents are not required to take any action with this form. The form is used to indicate to the pool owner what steps are required to ensure the pool complies.
Once the pool is found compliant by a licensed pool safety inspector, the inspector must give the owner a Pool safety certificate—Form 23.
Notice of no pool safety certificate—Form 36. This form is used by sellers and lessors when a pool safety certificate is not in effect.
If a pool safety certificate is not in effect before settlement of a sale contract, Form 36 advises the purchaser that they have 90 days from settlement to obtain a pool safety certificate.
Please note that shared pool owners (i.e. bodies corporate) can take advantage of a two year phase in period on obtaining certificates (ends 30 November 2012), unless the pool is associated with short-term accommodation (e.g. hotels), in which case the phase in period is reduced to six months (ends 31 May 2011).
Sale and lease of non-shared pools Importantly, 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. A Notice of no pool safety certificate—Form 36 must not be used for leases of non-shared pools.
If no pool safety certificate is in effect before entering into a contract of sale for a property with a pool, sellers must give the purchaser a Notice of no pool safety certificate—Form 36.
Sale and lease of shared pools For shared pools, the owner must give the buyer or tenant a copy of a pool safety certificate if one is in effect. If there is no certificate in effect, the owner must give the buyer/tenant, the body corporate and the Department of Infrastructure and Planning, a Notice of no pool safety certificate—Form 36. For short-term accommodation (e.g. hotels) the owner doesn’t need to give guests a copy of the Form 36.
Please note there are a number of other forms on the Department’s website, such as the Application for licence application—suitability declaration—Form 27B. These other forms relate to licensing of inspectors and courses and they are not relevant for use for the sale or lease of a property with a pool.
More information on the new pool safety laws and the forms are available at www.qld.gov.au/poolsafety
