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Buying or Selling a home with a Pool in Queensland

There are some additional responsibilities you should be aware of when you are buying or selling a home with a pool in Queensland.

Selling a property with a pool:

A seller has an option to sell a property with or without a current pool safety certificate.

  • With a pool safety certificate – The seller must give the buyer a copy of the pool safety certificate prior to entering the contract. The seller will be responsible for ensuring the barrier is compliant with the pool safety standard at all times up until settlement.
  • Without a pool safety certificate – The seller must complete and give the buyer a Form 36-notice of no pool safety certificate prior to entering a contract of sale, and additionally send a completed copy of the form to QBCC before the property is settled.

Buying a property with a pool:

If the buyer has been provided a copy of the pool safety certificate, the buyer will not be required to do anything further regarding purchasing the property.

If the seller has issued a Form 36-notice of no pool safety certificate, the buyer must get a pool safety certificate within 90 days of settlement. Alternatively, it might be possible to add in a special condition in the contract which states that the contract is conditional upon the seller obtaining at their cost, a pool safety certificate prior to settlement.

For more detailed information about pool compliance please contact Queensland Building and Construction Commission, or alternatively visit their website for general information on the link below:

https://www.qbcc.qld.gov.au/home-building-owners/pool-safety/overview

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