Do I need a Pool Safety Certificate to Sell My House?

Pool Safety Standards

Laws regarding pool safety are in place in an attempt to prevent tragic drownings, and Queensland has some of the strictest laws in Australia. You must ensure your pool complies with the pool safety standards within the Building Act 1975 (Qld).

In addition to ensuring your pool complies with the pool safety standards, you must have obtained a Pool Safety Certificate at some stage, though you may not need to provide one to the buyer when selling your property.

You must have obtained a Pool Safety Certificate “at some stage”

  • Existing Pools

All owners with an existing pool on their property were obliged to obtain a Pool Safety Certificate prior to 1 November 2015.

  • New Pools

If you build a new pool on your property, you must construct it in accordance with the pool safety standards. The Final Inspection Certificate (Form 17) will double as a Pool Safety Certificate.

What are my Obligations when Selling my Property?

REIQ contracts contain the following clause:

 


After entering into a contract of sale, you can either:

  • Give the buyer a Pool Safety Certificate if you hold one; or
  • Give the buyer a Form 36 (Notice of no pool safety certificate)
 

What about the Buyer’s Obligations?

If you do not provide a Pool Safety Certificate (and give a Form 36) to the buyer, the buyer must obtain one within 90 days of settlement.

How long are Pool Safety Certificates valid for?

A Pool Safety Certificate is valid for:

  • 2 years – private pools; or
  • 1 year – shared pools