New swimming pool safety laws are scheduled to commence 1 December 2010. These changes will affect all contracts and letting agreements entered into or settled on or after 1 December 2010.

Real Estate Agents, Property Agents and Resident Letting Agents need to be aware of the new laws and how this will affect contracts and letting agreements.

The new laws introduce a uniform pool safety standard, which new and existing pools must comply with. This includes indoor and outdoor private pools and spas in houses, townhouses, units, hotels and motels. It also includes indoor and outdoor shared pools in townhouses, units, hotels, motels, caretaker residences, caravan parks, backpackers, hostels, mobile home parks and homestays.

Leases of non-shared pools

If a property with a non-shared pool (e.g a house) is leased after 1 December 2010, a pool safety certificate must be obtained by the lessor prior to entering into the lease.  Agents need to be aware that facilitating a lease, where there is no pool safety certificate for a non-shared pool, may be grounds for disciplinary proceedings under the Property Agents and Motor Dealers Act 2000.

Sale— Non-shared pools

Where a property is sold, a buyer must obtain a pool safety certificate within 90 days of settlement, if the seller does not provide them with a certificate. Sellers are required to notify the potential purchaser if there is no certificate (Form 36) before entering a contract of sale.

Sale and lease—Shared pools

The owner of a shared pool (e.g. the body corporate or hotel owner) must obtain a pool safety certificate if one is not already in place within 90 days of a sale, lease or other accomodation agreement (e.g hotel stay) taking place.

NB: Shared pool owners (i.e. bodies corporate) can take advantage of a two year amnesty period on obtaining certificates (ends 30 November 2012), unless the pool is associated with short-term accommodation (e.g. hotels), in which case the amnesty is reduced to six months from 1 December 2010.

Pool safety certificates are valid for one year from date of issue for shared pools and two years for non-shared pools.  If another sale or lease occurs within this time, another certificate is not necessary.

Pool safety inspectors

Only licensed inspectors may issue pool safety certificates. An electronic register of pool safety inspectors is available online at www.dip.qld.gov.au/poolsafetyregister.  Pool safety certificates can only be issued when the relevant information is entered into the register by a pool safety inspector.

The recruitment and training of pool safety inspectors is being overseen by an independent licensing body, the Pool Safety Council. In addition, 300 existing building certifiers are licensed to act as pool safety inspectors. Details of building certifiers can be also be obtained from the register of pool safety inspector.

For more information, contact Building Codes Queensland, Department of Infrastructure and Planning on 1800 340 634 or email buildingcodes@dip.qld.gov.au