Are you buying a property with a pool or spa? Or maybe you own one? Benchmark Building Reports offer pool safety inspections to determine whether your pool or spa complies with the law. Since 2015, all Queensland pools, portable pools and spas that can be filled with water to a depth of more than 300mm; have a volume of more than 2,000L; or have a filtration system must be registered with the Queensland Building and Construction Commission (QBCC) and compliant under Queensland Pool Safety Standards. And these laws are enforced when buying, selling, or leasing a home. In Queensland backyards, with pools so prevalent, safety is an important aspect. After all, there may be no second chances when it comes to young children.
If you’re selling your home and it contains a non-shared pool, you must supply the purchaser with a notification about your pool’s safety. Providing either a current pool safety certificate or, a form 36 - notice of no pool safety certificate. You must do this before the buyer enters into a contract with you. So, pool compliance is always on the table during your sale. By providing the pool safety certificate upfront, you can remove roadblocks to a smooth sale, and reduce the need to negotiate the unknown. Pool safety certificates are valid for two years and are a great first port of call to get your home ready for sale. That way, you can repair anything you may have overlooked before you go to market, or only sell to buyers who are prepared to do the work. This way, you avoid surprises that could derail your sale.
Does the home you’re purchasing have a non-shared pool? (a backyard pool in a single dwelling). Are you aware of whether or not the property has an up to date pool safety certificate? You can go about this by contacting the Agent and asking if the Seller has obtained one. If the pool does not have an up to date pool safety certificate, we can arrange to have this taken care of at the time of the pre-purchase building inspection. Please include this as a message for your building inspector at the bottom of the booking form. If you decide to purchase a home with a pool that doesn't have a pool safety certificate, I can approach the Seller or their Agent for you, on your behalf prior to the settlement of the sale.
Renting a home with a non-shared pool? Landlords must obtain a pool safety certificate and provide a copy to the tenant before parties enter any accommodation arrangement. We can help you get your first pool safety certificate, and help you keep it current on an ongoing basis every two years. Regular inspections can help you maintain compliance. As well as help you get ahead of any fencing issues or barrier maintenance that may be necessary in the future. Regular inspections also ensure that tenants are complying with pool fencing laws in regards to movable objects and additional structures.
If you’re buying, selling, or renting a property with a shared pool, the rules for notification still apply on sale or lease. However, the onus is on the owner of the pool to comply. This is usually the body corporate. Pool safety certificates for shared pools are valid for one year. We can conduct yearly pool safety inspections for shared pools. This helps body corporate managers maintain compliance with an up-to-date certificate. This means that unit owners can lease or sell the property seamlessly, and that you maintain your management obligations.
The pool or spa must be fenced and meet the swimming pool safety standards. I will check:
If compliant, I will issue you a pool safety certificate. For full information on requirements, visit the QBCC website.
For minor issues, you may have me reinspect the pool within 2 days to satisfy compliance. Or, we can agree you’ll carry out minor repairs within 20 days of the original inspection. In which time I can reinspect the property to satisfy compliance.
For pools that don’t comply with the safety inspection, I will issue you a form 26 - non-conformity notice. This will include details of how the pool fence doesn’t comply. As well as details of what you need to change or fix to make it compliant. At all times, I am open to your questions and concerns. After a form 26 is issued, you will have 90 days from the original inspection date to repair the issues I find. I will inspect the property again in that time to satisfy compliance and hopefully, issue a compliance certificate. If the fence is still not compliant, I may issue a further non-conformity notice.
This information on pool compliance is a guide only and is not comprehensive. For a full and complete list of requirements for pool safety, laws and more, please refer to the QBCC website guidelines on swimming pools.
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