Pool Safety Regulations When Selling In Queensland

 

Pool Barrier Gates

Pool Barrier Gates

Death of children through pool drowning was officially recognised as a national problem in Australia in the 1960s. This was prompted by the high rate of drowning children below the age of 15 years. The years after, saw a number of regulations and legislations put in place to help curb this unfortunate trend. In 1991, Queensland introduced swimming pool safety laws which saw the number of child drownings drop by more than half.

On the 14th December 2008, the Premier of Queensland, Honourable Anna Bligh MP, commissioned a comprehensive review of Queensland pool safety laws aimed at reducing the rate of drownings and immersion injuries children suffered. 
Among the recommendations forwarded by the Swimming Pool Safety Review committee, included pool safety regulations to govern selling and leasing of properties. Child safety barriers around swimming pools also featured prominently in these regulations because unfenced pools and defective child safety barriers largely contribute to drowning deaths in children below the age of five.

In as much as supervision of young children and teaching them how to swim from a young age has been seen to save lives, there needed to be more intentional controls particularly in real estate dealings hence the introduction of pool safety regulations when selling in Queensland. 

The Types of Pools and Properties Affected by the Safety Regulations

Basically, there are three types of pools considered under the Pool Safety Standard that affect how sellers dispose of their properties. First and foremost, the pool safety laws are applicable to swimming pools that are associated with properties such as townhouses, hotels, homestay accommodation, motels, units, and caravan parks. 

The pools that sellers need to carefully consider when selling their properties include:

Non-Shared Pools – These are largely pools whose accessibility is restricted to residents or occupants of one dwelling such as private spas and pools on private houses. 
Shared Pools – Where a pool is accessible to the residents or occupants of more than one dwelling such as in residential unit complexes, the law recognises these as shared pools.  
Portable Pools and Spas – For a pool or spa to fit in this category, it must have the capacity to accommodate 300 mm of water and above or the ability to hold a volume of 2000 litres and above. For this reason, bathroom spas that are specifically used as baths and thereafter emptied do not fall under this category and are not bound by pool safety laws. 

Compliance and Contracts of Sale

If you are a property owner intending to sell your property and have one of the above three categories of pools, you are required by law to comply with the pool safety standard. The deadline for the compliance was 30th November 2015. This expressly means that the pool safety regulations when selling in Queensland are applicable to virtually every sale transaction entered into after the November 2015 deadline and ignorance is no defense. 

There are three main stages property sellers and their agents ought to be aware lest they attract penalties and suffer botched up sales deals. These stages include:

Before Entering into a Sale Contract – In a case where the property seller has a pool, but doesn’t have an effective Pool Safety Certificate before entering into the contract, they are required by law to give the potential buyer a Form 36. This form notifies the purchaser that the property doesn’t have a Pool Safety Certificate and hence his or her decision should be made with a clear understanding of the circumstances. 

Prior to Settlement – As the seller, you must give the buyer a copy of an effective Pool Safety Certificate if you have one. However, in a scenario where the Pool Safety Certificate is not available or effective before settlement, you must give the buyer a Form 36 bearing the settlement date. A copy of this form must also be submitted to the Queensland Building and Construction Commission. For shared pools, the body corporate must also be given a copy of this form. Penalties of up to 165 penalty units (or up to $19,437) could apply for non-compliance. 

                                                                       
After Settlement – For non-shared or private pools, the buyer has 90-days from the settlement date to get a Pool Safety Certificate in the event there was none before settlement. The new owner has only 90-days to get a pool compliant after purchase of a non-shared pool, with no extension possible under section 246ATJ of the Building Act (except in a limited case where proceedings are on foot before the Queensland Civil and Administrative Tribunal concerning a dividing fence serving as a pool barrier). Failure to do this can result in pool owners incurring fines of $1,600 or more for a breach of section 246ATJ of the Building Act.

Pool Safety Compliance for Auctioned Properties

Where the property is sold through auction and it doesn’t have an effective Pool Safety Certificate, the owner of the property or their agent (who could be a real estate agent or an auctioneer) have the responsibility of giving copies of the Form 36 to the prospective buyer before the contract of sale is sealed. 

If you are a property seller and wondering where you can get a Pool Safety Certificate, our team of licensed safety inspectors have a solution to your problem. We are experienced in all matters pool fencing and barriers inspection and can guarantee you compliance to pool safety regulations when selling in Queensland.

 

 

Service Areas

Brisbane

Inner Suburbs

Bowen Hills – Brisbane – East Brisbane – Fortitude Valley – Herston – Highgate Hill – Ithaca – Kangaroo Point – Kelvin Grove – New Farm – Newstead – Paddington – Petrie Terrace – South Brisbane – Spring Hill – Teneriffe – West End – Woolloongabba

Western Suburbs

Anstead – Ashgrove – Auchenflower – Bardon – Bellbowrie – Brookfield – Chapel Hill – Chelmer – Chuwar – Corinda – Enoggera – Enoggera Reservoir – Ferny Grove – Fig Tree Pocket – Graceville – Indooroopilly – Jamboree Heights – Jindalee – Karana Downs – Kenmore – Kenmore Hills – Kholo – Lake Manchester – Middle Park – Milton – Moggill – Mount Coot-tha – Mount Crosby – Mount Ommaney – Oxley – Pinjarra Hills – Pullenvale – Red Hill – Riverhills – Sherwood – Sinnamon Park – St Lucia – Taringa – The Gap – Toowong – Upper Brookfield – Upper Kedron – Westlake

Northern Suburbs

Albion – Alderley – Ascot – Aspley – Bald Hills – Banyo – Boondall – Bracken Ridge – Bridgeman Downs – Brighton – Brisbane Airport – Carseldine – Chermside – Chermside West – Clayfield – Deagon – Eagle Farm – Everton Park – Fitzgibbon – Gaythorne – Geebung – Gordon Park – Grange – Hamilton – Hendra – Kedron – Keperra – Lutwyche – McDowall – Mitchelton – Myrtletown – Newmarket – Northgate – Nudgee – Nudgee Beach – Nundah – Pinkenba – Sandgate – Shorncliffe – Stafford – Stafford Heights – Taigum – Virginia – Wavell Heights – Wilston – Windsor – Wooloowin – Zillmere

Eastern Suburbs

Balmoral – Belmont – Bulimba – Camp Hill – Cannon Hill – Capalaba West – Carina – Carina Heights – Carindale – Chandler – Coorparoo – Gumdale – Hawthorne – Hemmant – Lota – Lytton – Manly – Manly West – Moreton Island – Morningside – Murarrie – Norman Park – Port of Brisbane – Ransome – Seven Hills – Tingalpa – Wakerley – Wynnum – Wynnum West

Southern Suburbs

Acacia Ridge – Algester – Annerley – Archerfield – Berrinba – Burbank – Calamvale – Carole Park – Coopers Plains – Darra – Doolandella – Drewvale – Durack – Dutton Park – Eight Mile Plains – Ellen Grove – Fairfield – Forest Lake – Greenslopes – Heathwood – Holland Park – Holland Park West – Inala – Karawatha – Kuraby – Larapinta – Macgregor – Mackenzie – Mansfield – Moorooka – Mount Gravatt – Mount Gravatt East – Nathan – Pallara – Parkinson – Richlands – Robertson – Rochedale – Rocklea – Runcorn – Salisbury – Seventeen Mile Rocks – Sinnamon Park – Stretton – Sumner – Sunnybank – Sunnybank Hills – Tarragindi – Tennyson – Upper Mount Gravatt – Wacol – Willawong – Wishart – Yeerongpilly – Yeronga

Moreton Bay Region

Albany Creek - Arana Hills - Armstrong Creek - Banksia Beach - Beachmere - Bellara - Bellmere Bellthorpe - Bongaree - Booroobin - Bracalba - Bray Park - Brendale - Bunya - Burpengary - Burpengary East - Caboolture - Caboolture South - Camp Mountain - Campbells Pocket - Cashmere - Cedar Creek - Cedarton - Clear Mountain - Clontarf - Closeburn - Commissioners Flat

D'Aguilar - Dakabin - Dayboro - Deception Bay - Delaneys Creek - Donnybrook - Draper - Eatons Hill - Elimbah - Everton Hills - Ferny Hills - Godwin Beach - Griffin Highvale - Jollys Lookout - Joyner - Kallangur - King Scrub - Kippa-Ring - Kobble Creek - Kurwongbah - Laceys Creek - Lawnton

Mango Hill - Margate - Meldale - Moodlu - Moorina - Morayfield - Mount Delaney - Mount Glorious - Mount Mee - Mount Nebo - Mount Pleasant - Mount Samson - Murrumba Downs - Narangba - Neurum - Newport - Ningi - North Lakes - Ocean View - Petrie - Redcliffe – Rocksberg - Rothwell - Rush Creek 

 Samford Valley - Samford Village - Samsonvale - Sandstone Point - Scarborough - Stanmore - Stony Creek - Strathpine - Toorbul - Upper Caboolture - Wamuran - Wamuran Basin - Warner - Welsby - White Patch - Whiteside - Wights Mountain - Woodford - Woody Point - Woorim - Yugar

Redlands City

        Alexandra Hills - Amity Point - Birkdale - Capalaba - Cleveland - Ormiston - Redland Bay - Sheldon - Thorneside - Thornlands - Victoria Point - Wellington Point  

Logan City

Bahrs Scrub - Bannockburn - Beenleigh - Belivah - Berrinba - Bethania - Boronia Heights - Browns Plains - Buccan - Carbrook - Cedar Creek - Cedar Grove - Cedar Vale - Chambers Flat - Cornubia - Crestmead - Daisy Hill - Eagleby - Edens Landing 

Forestdale - Greenbank - Heritage Park - Hillcrest - Holmview - Jimboomba - Kagaru - Kingston - Logan Central - Logan Reserve - Logan Village - Loganholme - Loganlea - Lyons - Marsden - Meadowbrook - Mount Warren Park - Mundoolun - Munruben - New Beith - North Maclean 

  Park Ridge - Park Ridge South - Priestdale - Regents Park - Rochedale South - Shailer Park - Slacks Creek - South Maclean - Springwood - Stockleigh - Tamborine Tanah Merah - Underwood - Undullah - Veresdale - Veresdale Scrub - Waterford - Waterford West - Windaroo - Wolffdene - Woodhill - Woodridge - Yarrabilba

Sunshine Coast

Alexandra Headland - Aroona - Bald Knob - Balmoral Ridge - Battery Hill - Beerburrum Beerwah - Belli Park - Bells Creek - Birtinya - Bli Bli - Bokarina - Booroobin - Bribie Island North Bridges - Buddina - Buderim - Burnside - Caloundra West - Caloundra - Cambroon - Chevallum Coes Creek - Conondale - Coochin Creek - Coolabine - Cooloolabin - Coolum Beach - Cotton Tree Crohamhurst - Curramore - Currimundi - Diamond Valley - Dicky Beach - Diddillibah - Doonan Dulong 

 Eerwah Vale - Elaman Creek - Eudlo - Eumundi - Flaxton - Forest Glen - Gheerulla Glass House Mountains - Glenview - Golden Beach - Harper Creek - Highworth - Hunchy Ilkley - Image Flat - Kenilworth - Kiamba - Kidaman Creek - Kiel Mountain - Kings Beach Kulangoor - Kuluin - Kunda Park - Kureelpa - 

Landers Shoot - Landsborough - Little Mountain Maleny - Mapleton - Marcoola - Maroochy River - Maroochydore - Meridan Plains - Minyama - Moffat Beach - Mons - Montville - Mooloolaba - Mooloolah Valley - Mount Coolum - Mount Mellum - Mountain Creek - Mudjimba - Nambour - Ninderry - North Arm - North Maleny - Obi Obi  

 Pacific Paradise - Palmview - Palmwoods - Parklands - Parrearra - Peachester - Pelican Waters - Peregian Beach - Peregian Springs - Perwillowen - Point Arkwright - Reesville Rosemount - Shelly Beach - Sippy Downs - Tanawha - Towen Mountain - Twin Waters - Valdora Verrierdale - Warana - West Woombye - Weyba Downs - Witta - Woombye - Wootha - Wurtulla Yandina Creek - Yandina - Yaroomba 

Gold Coast

Advancetown ­- Alberton - Arundel - Ashmore - Austinville - Benowa - Biggera Waters - Bilinga Bonogin - Boyland - Broadbeach - Broadbeach Waters - Bundall - Burleigh Heads - Burleigh Waters - Carrara - Cedar Creek - Clagiraba - Clear Island Waters - Coolangatta - Coombabah - Coomera - Currumbin - Currumbin Valley - Currumbin Waters - Elanora 

 Gaven - Gilberton - Gilston - Guanaba - Helensvale - Highland Park - Hollywell - Hope Island - Illinbah - Jacobs Well - Kingsholme - Labrador - Lower Beechmont - Luscombe - Main Beach - Maudsland - Mermaid Beach - Mermaid Waters - Merrimac - Miami - Molendinar - Mount Nathan - Mudgeeraba - Natural Bridge - Nerang - Neranwood - Norwell - Numinbah Valley

Ormeau - Ormeau Hills - Oxenford - Pacific Pines - Palm Beach - Paradise Point - Parkwood - Pimpama - Reedy Creek - Robina - Runaway Bay - South Stradbroke Island - Southern Moreton Bay Islands - Southport - Springbrook - Stapylton - Steiglitz - Surfers Paradise - Tallai - Tallebudgera - Tallebudgera Valley - Tugun - Upper Coomera - Varsity Lakes - Willow Vale - Wongawallan - Woongoolba - Worongary - Yatala

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