Soon, all residential swimming pools in Queensland will be required to have a current pool safety certificate. Pool owners who fail to obtain a pool safety certificate risk significant fines and may be required to carry out remedial works by their local council to ensure that the relevant safety standards are met.
Currently, pool owners may sell their property without a pool safety certificate so long as the pool was constructed after November 2010, has not previously been leased or sold and a notice of no pool safety certificate is issued to the buyer before the buyer enters into the contract. It then becomes the buyer’s responsibility to obtain a pool safety certificate within 90 days of settlement.
From 30 November 2015, sellers will no longer be able avoid the potential fines by providing a notice of no pool safety certificate and all swimming pools, regardless of when they were constructed, must have a current pool safety certificate.
The definition of a swimming pool in the Building Act 1975 (Qld) is very broad and includes vessels such as spa tubs and non portable wading pools, so it is recommended that property owners consider whether any such improvements will also need a pool safety certificate.