Changes to Swimming Pool Laws
Did you know that there are three very important changes you need to be aware of as a pool owner in Queensland:
From 1 December 2015 all pool owners have a legal obligation to ensure that their pool complies with pool safety laws. Fines of up to $19,437.00 for individuals and $97,187.00 for corporations apply. The relevant Council has the power to impose these fines and they will be carrying out audits of existing properties and assessing information regarding the sale of properties.
Pool owners must register their pools with the Queensland Building and Construction Commission. The applicable fine is $2,356.00. See www.qbcc.qld.gov.au/home-building-owners/pool-safety/registering-your-pool
These laws were initially enacted in 2010 with a ‘grace period’ until 1 December 2015. Therefore, you should no longer sell your property on the condition that the Buyer will assume the responsibility of pool compliance. To avoid prosecution, a Form 36 Certificate of Non-Compliance should only to be used in the absence of having a physical Pool Compliance Certificate available at the point of sale. Further, be prepared to provide a Pool Compliance Certificate on or before settlement.
If you are planning on selling your property, be prepared! You can do this by ensuring your pool is inspected and certified in advance.
If you need more detailed advice on this matter please contact Larry Wilson of our office.