Property settlements have been affected since the inception of the Qld pool safety laws in December 2010.
But what does that mean for property sellers, buyers, real estate agents and auctioneers?
Simply put, a pool safety certificate is a property settlement requirement in Qld. It could hold up or even terminate your settlement if you don’t have the necessary certification stating that your pool fence complies with the latest laws.
Suppose you’re selling a Gold Coast property. In that case, your property solicitor will give you a list of requirements that they need from you to ensure a successful settlement. One of these requirements will be a valid pool certificate.
The Qld pool laws state that you only need a new certificate when you sell or lease your property. However, we suggest you keep your certification up to date at all times.
Not only does this benefit you to have a valid certificate for a speedy settlement, but more importantly, suppose an injury or, even worse, a drowning occurs on your property. The first thing authorities will ask for is your pool certificate to see if your pool complies with the Qld pool safety laws.
Also, as the owner, it’s your responsibility to maintain the pool fence’s safety at all times. The best way to do this is to get a local, licensed pool inspector to help you get your pool safe and compliant with the many pool safety laws.
You could face severe fines, if not criminal charges, if your pool doesn’t comply and if an injury or drowning occurred because of a non-compliant pool.
Of course, supervision is always your first line of defence, especially when little ones are playing around the pool area. A compliant pool fence is there for that split second that you could not supervise a young child. Even more importantly, leaving a pool gate propped open won’t be saved by a valid pool safety certificate. Still, you get where we’re going with this.
Let’s look at how a pool safety certificate affects your property settlement and what you can do to minimise delays:
- Before entering a contract of sale. As a seller, you must have a valid pool safety certificate. Failing that, before entering into a sale contract, you must give the prospective buyer a notice of no pool safety certificate – Form 36. Form 36 informs prospective buyers that the pool may not comply and that they need to take steps to ensure the pool complies. This form can be helpful to prospective buyers to make more informed decisions about buying a property.
- Before your property settlement. If you have a valid pool safety certificate before your settlement date, you must give the buyer a copy. If you don’t have a pool certificate before settlement, you must give the buyer a Form 36 showing the settlement date filled in on the form. You will need to send a copy of the Form 36 to the QBCC. With shared-pools, you must also send a copy to the body corporate.
- After your property settlement. For non-shared pools, if there is no certificate before settlement, the buyer will have 90 days from the settlement date to do any repairs and get a pool certificate. For shared pools, if there is no pool safety certificate before settlement, the buyer, usually the body corporate, will have 90 days from settlement to obtain a pool safety certificate. Take note that even if you give a Form 36 to the prospective buyer, your pool must be compliant. A form 36 does not prevent your local government from taking enforcement action against you if your pool fence is non-compliant.
- If you are selling your property at auction. Suppose you are selling your property at auction, and there is no pool safety certificate. In that case, you, your auctioneer or real estate agent, must give copies of the Form 36 to the prospective buyer/s before entering into a sale contract.
- How long are pool safety certificates valid for? From the date of issue, pool safety certificates are valid for:
- Two years for non-shared pools
- One year for shared pools.
In short, the best way to keep your pool compliant at all times is to keep your pool certificate up to date. How? by getting your pool inspected by a QBCC licensed pool inspector just before your pool safety certificate expires.
Don’t wait until just before you list your property to sell to get your pool safety up to standard.
In the current market, Gold Coast properties are in high demand. We see properties sell before they are even listed. The last thing you want is a significant list of repairs needed on your pool fence at short notice. With numerous buyers demanding 30 days settlement periods in this very fast-paced market, major works to your fence could delay your property settlement.
So, there you have it. To avoid a delay in your property settlement here are 3 easy things you need to do before you list.
- Print out our pool safety certificate checklist to help you save time and money before calling us for your inspection. Depending on your pool fence, you may need to get a fencing contractor to do maintenance or repairs. Significant repairs could take time, so take this delay into account.
- Call us to come and do your pool safety inspection. We can check up to 100 safety points on the day. Still, if you followed our pool safety checklist, the chances are your fence will pass the first time or, at the very least, will need minor repairs. Some minor repairs can be rectified within a day and won’t cause significant delays.
- If your pool complies, we’ll send you your pool safety certificate on the same day. You can now list your house for sale, and rest assured that your pool safety certificate won’t hold up your property settlement.
To take advantage of our discounted rates and same-day certificate delivery service, book your inspection today. We are here to help you get your pool safe and keep it safe.