Upcoming Deadline Under Pool Safety Laws – Are You Compliant?
Since pool safety standards were introduced in Queensland in 2009:
- owners of properties with newly constructed pools;
- owners of properties with shared pools; and
- owners seeking to sell or lease a property with a pool,
were all required to hold a pool safety certificate confirming their pool complies with the new pool safety standards. An exemption did apply however, in that owners selling their properties could pass the burden of compliance onto the new owners, by issuing a Notice of No Pool Safety Certificate at the time of sale.
As of 30 November 2015, application of the pool safety laws will change, requiring all homes and accommodation premises with new or existing pools to comply with the pool safety standards, as well as being registered with the Queensland Building and Construction Commission. The ability for sellers to issue a Notice of No Pool Safety Certificate will also no longer apply past this date, meaning owners seeking to sell a property with a pool must hold a Pool Safety Certificate as a requirement of the sale contract.
If your pool is found to be non-compliant after 30 November 2015, you may get a fine from your local government. Penalties for non-compliance include:
For individuals: On-the-spot fines of $1,821.60, ranging up to $18,785.25;
For corporations: On-the-spot fines of $5,464.80, ranging up to $93,926.25.
To find out if the pool at your property is registered and has a current Pool Safety Certificate, we recommend you visit the following website:
www.smarteda.qld.gov.au/pools/properties/propertySearch.action
If you do not hold a pool safety certificate, or if you have concerns that your pool is non-compliant, we recommend getting advice from a pool safety inspector.
Please do not hesitate to contact us and talk to our property lawyers should you have any queries about any aspect of the pool safety laws.
