Queensland’s final stage of the Pool Safety Laws have been in effect since 1 December 2010, however it is important to be aware of the upcoming dates that relate to Properties with a Pool with a particular emphasis on those with a Shared Pool and are selling or leasing on or before 1 September 2012. The following information is sourced from the QLD Government Fact Sheets. Relevant dates to note are highlighted in the information. For more information, refer to http://www.dlgp.qld.gov.au/pool-safety/pool-safety-laws.html
Pool owners have until 30 November 2015 to comply with the new pool safety laws, or earlier if they sell or lease their property before this time.
For non-shared pools, if a Pool Safety Certificate is not in effect before settlement, the purchaser has 90 days from settlement to obtain a Pool Safety Certificate.
For shared pools, if a Pool Safety Certificate is not in effect before settlement, the pool owner, usually the body corporate, has 90 days from settlement to obtain a Pool Safety Certificate. However, for settlements occurring on or before 1 September 2012, a phase in period applies—the pool owner has until 30 November 2012 to obtain a Pool Safety Certificate for the pool.
RENTAL PROPERTIES WITH A POOL
If a pool is only accessible to residents of one dwelling such as a private house or private spa on a unit balcony, it is a non-shared pool. Before entering into a new or renewed lease for a property with a non-shared pool, the owner must ensure a Pool Safety Certificate is in effect for the pool.
If residents of two or more dwellings can use a pool, such as a body corporate pool, it is a shared pool. For shared pools, the owner must give the person who will be the tenant a copy of a Pool Safety Certificate if one is in effect.
If there’s no Certificate in effect, the owner must give the Notice of No Pool Safety Certificate—Form 36 to the person who will be the tenant, to the body corporate and to the Department of Infrastructure and Planning before entering into the lease. A Form 36 advises that the pool may not comply and the steps that must be taken to comply. The Body Corporate has 90 days to obtain a Pool Safety Certificate for the pool.
However, for leases entered into on or before 1 September 2012, a phase in period applies—the body corporate has until 30 November 2012 to obtain a pool safety certificate for the pool.