Additional information re Pool Safety Laws/Property Sales & Rentals:
Selling or leasing a property with a pool
The process for when you need to get a pool safety certificate differs depending on whether you are selling or leasing a property and if your pool is shared or non-shared. The cost of a pool safety certificate is $38.10 (certificate only, not inclusive of additional inspection expenses).
Selling or leasing a property with a non-shared pool
A non-shared pool is only accessible to the residents of one dwelling and is typically associated with houses and units or townhouses with private spas or pools.
You can sell your property with or without a pool safety certificate. However, if you are not providing a certificate, you must give the buyer a Form 36-notice of no pool safety certificate prior to entering a contract of sale and send a completed copy of the form to QBCC (firstname.lastname@example.org) before settlement.
The buyer must get a pool safety certificate within 90 days of settlement.
If leasing your home, a pool safety certificate must be obtained before entering into the accommodation agreement. Expiry date for certificates Pool safety certificates for non-shared pools are valid for 2 years from date of issue.
Selling or leasing a property with a shared pool
A shared pool is accessible to residents of two or more dwellings. They are typically associated with apartment and unit complexes, hotels, motels, backpacker hostels and caravan parks.
If you own a unit or apartment with a shared pool, you can sell it with or without a pool safety certificate. However, if you are not providing a certificate, you must give a completed copy of the Form 36-notice of no pool safety certificate to the buyer before entering the contract of sale.
Before settlement, you must provide a completed copy of this form to the owner of the pool (usually a body corporate) and the QBCC (email@example.com).
The buyer then has 90 days to obtain a pool safety certificate.
Before you enter into the accommodation agreement, you must provide a pool safety certificate or Form 36-notice of no pool safety certificate to the new occupier and the owner of the pool (usually a body corporate) as well as the QBCC (firstname.lastname@example.org).
If a Form 36 has been provided, the pool owner then has 90 days from when they entered the accommodation agreement, to obtain a pool safety certificate.
Expiry date for certificates
Pool safety certificates for shared pools are valid for 1 year from date of issue.
Pool safety management plans for hotels, motels, resorts and other class 3 buildings
Owners of class 3 buildings, such as a hotel, have the option of using an approved pool safety management plan in place of a pool safety certificate. Owners who opt to use a plan as an alternative to constructing a compliant pool barrier must have it approved by the QBCC. The plan must be updated annually.
In some cases, a new certificate or pool safety management plan may not be needed. For example, if the hotel is closing for renovations, there will be no new accommodation agreements.
Use the Pool safety management plan guideline to help you plan and apply by completing a Pool safety management plan application form 38 (PDF).
Display of pool safety certificate for shared pools
Display the certificate near the main entrance to the premises or the pool.
If you lose your certificate, you can download a hard copy at property search.
Recently Built Pools
For recently built pools, a Final Inspection Certificate or Certificate of Classification issued by the building certifier can be used as a pool safety certificate. The certificate must confirm that the pool meets the standard and be lodged by the building certifier with the QBCC at email@example.com.
Either of these certificates replaces a pool safety certificate and becomes valid for one year from its date of issue for shared pools and two years for non-shared pools.