Buying or Selling a house with a pool in Queensland 2023
Queensland’s warm, sunny climate makes a home with a swimming pool an attractive choice for many people. But when it comes to buying or selling a house in the sunshine state, whose responsibility is it to ensure compliance with pool safety regulations?
The REIQ Contract
The standard REIQ contract for the sale of property in Queensland requires the seller to make a disclosure about whether or not there is a current Pool Safety Certificate for any non-shared pool on the property.
If there is no current Pool Safety Certificate, and the seller does not provide one by settlement, the buyer has the right to cancel the contract.
The exception to this is where the seller provides a Form 36 Notice Of No Pool Safety Certificate to the buyer prior to signing the contract.
If there is no Pool Safety Certificate at settlement, it becomes the buyer’s responsibility to obtain one within ninety days of the settlement date. There are serious penalties for failure to comply with this legal requirement.
What Is A Pool Safety Certificate?
A Pool Safety Certificate is formal confirmation that a pool conforms to pool safety laws. Pool Safety Certificates are typically valid for two years for non-shared pools.
To obtain a Pool Safety Certificate, the pool and surrounding area must be inspected by a licensed pool safety inspector.
The Queensland Building and Construction Commission has a list of licensed pool safety inspectors available here.
If you have more questions about buying or selling a property with a swimming pool in Queensland, our experienced conveyancing solicitors are happy to chat about any aspect of conveyancing law. Get in touch today!
The above is not legal advice and is general information only.
Whether you are buying or selling, our dedicated team will work with you to ensure your property settlement is a stress free and exciting process. We want you to feel that you are in control of the conveyancing process, not that the process is in control of you. Let us show you how easy it can be.