First time home buyers – Here’s how the latest QLD pool safety laws affect you.

young father with child at swimming pool

Buying your first home can be one of the most exciting milestones of your life. However, if your first home is an older property with a pool, it could have its challenges with the latest QLD pool safety laws.

In this blog, we explain how the latest Queensland pool safety laws affect you as a first-time buyer and how you can save yourself from unwanted costs after settlement.

Buying a property without a Form 23 (pool safety certificate)

It’s true. A seller can sell a home without a valid pool safety certificate. Although, they would have to issue the buyer a Form 36 (notice of no pool safety certificate). In no way does this Form 36 preclude the seller from getting away with a pool fence that doesn’t comply with the latest safety laws. Unfortunately, this is usually the reason why sellers choose to sell without valid certification.

But what does this mean for you as the buyer? You would have 90 days from settlement to get the pool fence compliant with the latest pool safety laws.

You could be in for significant costs on boundary and pool fence repairs to get the pool fence to comply with the latest regulations.

That’s why, at Poolinspec, we offer a pre-purchase pool safety consultation. Our experienced pool inspector will give you a detailed and easy to understand report with any areas that need repairs. He will also make cost-effective recommendations for any repairs that are needed. This report will give you a good understanding of any work and costs needed to get the fence to comply. In some instances, the cost of these repairs could significantly change your offer price.

Buying a property with a valid Form 23 (pool safety certificate)

The best scenario for you as the buyer is to buy a property with valid pool safety certification. Assuming that a licensed and qualified inspector did the inspection, you’re assured of the pool fence’s safety and that there aren’t any hidden costs after settlement. 

However, there is some important information about your Form 23 that you should note.

Your pool fence was found to be compliant with the QLD pool safety laws on the date of your Form 23 (Pool safety certificate).

You will notice that there is some important information at the bottom of the Form 23, which you should note:

It states:

  • It is the pool owner’s responsibility to ensure that the pool (including the barriers of the pool) is properly maintained at all times to comply with the pool safety standard under the Building Act 1975. 
  • Gates and doors giving access to the pool must always be kept securely closed while not in use. High penalties apply for non-compliance. 
  • It is essential that parents and carers carefully supervise young children around swimming pools at all times.
  • Parents should also consider beginning swimming lessons for their young children from an early age.

Your pool fence and gate may have passed a safety inspection on the date of your Form 23. However, please be aware that it is your responsibility to ensure that you do regular checks and maintenance to ensure the fence remains in the order it was on the day of your inspection. Pool gates must snap shut from all positions without bouncing, including from 1 inch away. 

By doing these regular checks, you can save a young child’s life and avoid hefty penalties.

There’s so much to think of when buying your first home. It’s so much easier if you’re armed with all the information before buying. The last thing you need is to haul out more cash at the end because the pool doesn’t comply and it’s going to cost you thousands to do the necessary repairs to get it to comply. In most cases that’s the kind of cash, you don’t bank on having to spend when buying your first home.

So, if you are presented with a Form 36 (notice of no pool safety certificate) before you put in an offer to purchase, book a call with one of our QBCC licensed and experienced pool safety inspectors. We service the Gold Coast within 24 hours and get your report to you on the same day.


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Or call 0457 445 197 Our experts are waiting to help you



Or call 0457 445 197 Our experts are waiting to help you

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