From 1 December 2010 (ie. contracts dated before that date and settling after it or contracts dated on or after that date) a seller of a house or unit which contains a pool, must before settlement, give the buyer a copy of a Pool Safety Certificate (Form 23).
If no Pool Safety Certificate exists, the seller must give Notice in the approved form (Form 36) to the buyer, prior to the contract being entered into (but, if the contract is dated before 1 December, Notice must be given before settlement, not before the contract is formed) and to the relevant government body, before settlement.
A buyer settling on or after 1 December 2010, where there is no Pool Safety Certificate takes on the cost and risk of obtaining the Certificate, within 90 days of settlement, regardless of whether the seller gave the Notice referred to above.
The sellers failure to provide a Certificate or Notice of No certificate does not entitle the buyer to terminate the contract or claim compensation under the Act. The seller is, however, liable to a substantial penalty.
All pool owners must obtain a Certificate within 5 years of 1 December 2010, unless the property is sold or leased in that time. In that case they need to comply earlier.
There will be a register of properties with a pool, which can be searched and copies of Certificates can be obtained.
Form 23 (Pool Safety Certificate) and Form 36 (notice of no Pool Safety Certificate) are available from https://www.qld.gov.au/
TIP: For contracts entered into before 1 December, but settling after that date, buyers need to be aware of these new rules and they may wish to have a special condition in the contract allowing them to satisfy themselves regarding whether a certificate can be obtained and the likely cost.
If you require any further information, please do not hesitate to contact us today.