POOL INSPECTION REQUIREMENTS FOR REAL ESTATE AGENTS

When selling a house you must arrange for the seller to have a Pool Safety Inspection done and obtain Certificate of Compliance. Queensland Govt brought this legislation in from 1st December 2010 and it relates to pool fence regulations. The main reason for the new laws is to help prevent our children from drowning.

FORMS TO BE AWARE OF

Real estate agents need to be aware of two key forms:

Form 23 – Pool safety certificate – This form must be provided by a licensed pool safety inspector.
Form 36 – Notice of no pool safety certificate – This form is used by seller and lessors when a pool safety certificate is not in effect.

Pool owners who have had their pool inspection and the pool does not comply, will receive a non-conformity 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 pool inspector must give the owner a Pool safety certificate – Form 23.

SELLING A HOUSE

If no Pool Safety Certificate is in effect for the pool you need to advise your client to get a compliant Pool Safety Certificate immediately to make this process easy. This is done by booking a licensed pool inspector. Once a Pool Safety Certificate is received it must be passed on to the buyer.

If the owner doesn’t want to do it they must inform the buyer and fill in Form 36. They then have 90 days to obtain Certificate of Compliance from settlement.

Don’t risk losing a sale because of a pool safety certificate and the buyer not wanting to spend money to repair fences are not up to pool fence regulation.

Be aware penalties of up to $16,500 for individuals and $82,500 for corporations apply for non compliance.

LEASING/RENTING A PROPERTY

Once again you must have a pool safety certificate in affect before you lease a property. (note: new tenants cannot move in before this is done.) With existing tenants need to have a certificate completed before you resign the tenant up. Existing non shared pool certificates expire after 2 years. Gold Coast Compliance do keep records and send reminders.

Beware of not being compliant. It is not worth costs of fines and losing potential sales or tenancy and worst of all a child’s life. For the small amount to pay it’s not worth delaying.

For any enquiries you can contact us or book a pool inspection.