02 May 2017

No Pool Safety CFertificate! What are my obligations?

Prior to settlement, the seller of a property with a pool must provide the buyer with a copy of the valid Pool Safety Certificate. If a certificate can not be provided then a Form 36 must be given to the buyer prior to the contract being entered into, declaring that there will be no pool Safety Certificate in place prior to settlement. This form must also be given to the Pool Safety Council.

Under the REIQ Contract for Houses and Residential Land, if the latter of the two options is provided to the buyer, the buyer will inherit the obligation to ensure that there is a valid pool safety certificate in place for the regulated pool within 90 days of ownership at their expense.

If there is not a valid Pool Safety Certificate in place at the time of contract being formed between the seller and the buyer, there is provision that the buyer may arrange for a pool safety inspection to be conducted within a nominated time frame (under similar terms to a building or pest inspection). If the inspection results in a pool safety certificate being issued by a suitably qualified inspector, there is no further action required by either party.

If the inspection result in a notice being issued for non-compliance, the buyer has the right to terminate the contract by notice in writing to the seller or to waive the4 condition and the contract proceeds, as per the provisions of clause 4.2 of the terms and conditions.

Agents should be mindful that they inform all parties involved that a pool safety inspection can only be carried out by a suitably qualified pool safety inspector. Checking the contactor’s qualifications can be done through the pool register on the Department of Housing and Public Works Website : (www.hpw.qld.gov.au )

Any agent engaging a pool safety inspector on behalf of a client should ensure that they have a completes and signed contractor appointment form from the inspector and also check the pool register via www.hpw.qld.gov.au before engaging any services.

It is prudent for an agent to ensure that the issue of a pool safety certificate is discussed with their client at listing stage and throughout the marketing of a property. Having a pool safety certificate in place at the time of a contract being forms will minimise any possible negotiation issues between the seller and buyer.


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