On December the 1st 2010 the Queensland Government introduced new legislation regarding the standard of pool barriers in Queensland. A pool safety certificate is now required in Queensland when selling or leasing a property with a regulated pool. Pool fence inspections can only be carried out and certificates issued after the pool is inspected by a licensed Pool Safety Inspector and complies with the new legislation.
This new legislation has been introduced to eliminate child drownings and immersions. If you are a pool owner then the new legislation does affect you.
Who does this affect ?
Selling a Property
You will be required to supply a Pool Safety Certificate (Form 23) to the purchaser prior to settlement of the property. Or, if the purchaser agrees, a notice of no Pool Safety Certificate (Form 36) can be issued placing the onus on the purchaser to arrange an inspection and have the pool compliant within 90 days from the settlement date. The purchaser must agree to this.
Buying a Property
If at the date of settlement a Pool Safety Certificate has NOT been issued for the property the new owner of the property is required to arrange an inspection to have the pool compliant within 90 days from the date of settlement. Rectifying a non compliant pool can in some cases be costly and it would be advisable to have some idea of any adjustments required prior to agreeing to these terms with the seller.
Property Managers and Landlords
Properties containing a regulated pool will not be able to be rented until a Pool Safety Certificate has been issued. In this situation a certificate will need to be renewed every 2 years for a non shared pool and every 12 months for shared pools.
Body corporate will need to notify owners that a Pool Safety certificate is required when selling or renting the property. It is the responsibility of the Body Corporate as the defined pool owner to ensure compliance.
You are required to have a Pool Safety Certificate in place by the 31st of May 2011 or you will not be able to take guest bookings. Clearly a very important requirement and given that repairs in this case can be on a larger scale it is important to act sooner than later. Re inspections are then required on an annual basis.
To Book an Inspection call Rohan on 0434 513 300 Today
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