Pool Inspections, Pool Safety & How The Rules Affect You
Landlords – From 8th July 2011 you cannot rent your property without a pool certificate without risk of receiving fines. Beware they can be high. This includes new tenants or resigning existing tenants.
A non- shared pool safety certificate will last for 2 years.
Sellers – If you have a pool safety certificate you must pass on to new owner. If you don’t you must get one by booking a pool safety inspector. You can sell your property without a pool certificate but will need to provide the new owners with a notice of no pool safety certificate (form 36) in which they will have 90 days from settlement to fix if non compliant. This could hinder the sale of your property especially if they have to pay to fix fencing etc so it’s easier to have it compliant.
Body Corporate – Shared pool owners, such as bodies corporate, can take advantage of a two year phase in period from 1st December 2010 to obtain a certificate unless the pool is associated with short-term accommodation (e.g. hotels) in which case the phase in period is six months. Once you receive a pool safety certificate will last for 1 year. If selling or leasing and if a pool safety certificate is not already in effect, the owner of a shared pool (e.g. the body corporate) must obtain a pool safety certificate within 90 days of a sale, lease or other accommodation agreement (e.g. hotel stay) taking place.
Short Term Accommodation Providers – You must have a Pool Safety Certificate in place from May 2011. You are not able to book guests without one without the risks of fines.
Private Owners – You must have your pool registered by November 4th 2011. If you want to sell your house you will need to get it inspected or fill out a form 36 and pass it on to the buyer who will then have 90 days to have certified. You have till 30th November 2015 to comply with new pool safety laws however read the laws carefully especially when it comes to having visitors staying and which law applies should something happen. It is easier to comply then worry about it. If you want to start leasing your house out to tenants please refer to landlords above.