The importance of providing a Pool Safety Compliance Certificate or Notice of No Pool Safety Compliance when selling a property

In Queensland, it is a legal requirement for a Seller to disclose whether there is a pool on the Property and if so, must further disclose whether the pool has a valid Pool Safety Certificate. This is also applicable if you live in a unit and there is a pool on the scheme land. If there is no valid pool safety certificate for your pool or even the scheme land, a Seller must legally provide a notice of no pool safety certificate.

Queensland’s Pool Safety Laws

Queensland has some of Australia’s most comprehensive pool safety legislation, primarily governed by the Building Act 1975 (Qld) and the Building Regulation 2021 (Qld). These laws aim to reduce the risk of drowning by ensuring regulated pools are enclosed by compliant safety barriers.

It is important you speak with a Pool Safety Certifier to find out the required prescribed pool safety standards.

What happens if you don’t have a Pool Safety Certificate or its expired?

If you are selling a property and there is no current pool safety certificate, a Notice of No Pool Safety Certificate must be provided to a Buyer prior to Settlement.

This notice informs the buyer that:

• the property does not have a current pool safety certificate;
• the buyer becomes responsible for obtaining a certificate after settlement within the statutory timeframe of 90 days from the settlement date; and
• the buyer takes responsibility for ensuring the pool barrier complies with Queensland’s safety requirements.

Failure to provide the required certificate or notice by settlement allows the buyer the right to terminate the Contract.

Body Corporate and Scheme Land

For owners within community titles schemes, additional considerations apply.

Where a pool is situated on common property or forms part of scheme land, responsibility for obtaining and maintaining a pool safety certificate may rest with the body corporate rather than an individual owner.

However, a seller should never assume that compliance is someone else’s responsibility. A Seller must confirm with the body corporate manager or committees:

• who is responsible for maintaining pool safety compliance;
• whether a current pool safety certificate exists; and
• whether any required notices must be provided during the sale process.

Misunderstanding these responsibilities can delay settlements or result in avoidable compliance issues.

Where a pool safety certificate is not in effect, the Seller must give the Buyer a Form 36 – Notice of No Pool Safety Certificate before entering into a Contract of sale.

The Seller must also provide the a copy of the Form 36 to QBCC before settlement and, where the property has a shared pool within a community titles scheme living arrangement, to the owner of the shared pool (which is the body corporate).

Why the Notice matters and the risks of non-compliance

The Notice of No Pool Safety Certificate is important as it transfers information and legal responsibility from the Seller to the Buyer.

Providing the notice:

• ensures statutory disclosure obligations are met;
• informs buyers of their future compliance obligations;
• reduces the likelihood of disputes after settlement; and
• promotes transparency throughout the conveyancing process.

Without proper disclosure, buyers may discover after settlement that significant repairs are required to bring the pool barrier into compliance, potentially costing thousands of dollars.

Ignoring pool safety obligations can have significant consequences, including:

• financial penalties;
• delays in selling your property;
• unexpected rectification costs;
• disputes between buyers and sellers;
• insurance complications following an incident; and
• increased exposure to liability if a preventable accident occurs.

Compliance is a critical safety measure designed to protect children and visitors.

Practical Steps for Sellers

Before you look at selling your property, you should:

1. confirm whether a current pool safety certificate is in place;
2. check when the certificate expires;
3. arrange an inspection before listing your property for sale if necessary;
4. a certificate is not available, ensure the required Notice of No Pool Safety Certificate is provided in accordance with Queensland legislation; and
5. seek legal or conveyancing advice if you are unsure of your disclosure obligations.

Early preparation can help avoid delays, reduce stress and provide greater certainty throughout the sale process.

Conclusion

Pool safety compliance is an important part of owning property in Queensland. While there are situations where a property can be sold without a current pool safety certificate, there are still important disclosure requirements that need to be understood and followed.

Whether you own a standalone home or a lot within a community titles scheme, knowing what’s required can save you from unnecessary complications when it comes time to sell. Understanding when you need a pool safety certificate, or when a Notice of No Pool Safety Certificate is required, can help protect you and keep the sale process running smoothly.

If you would like to discuss your conveyancing questions or anything relating to your purchase or sale of residential property, please contact our team today.