Pool Safety Information

On 1 December 2010 a new ‘Pool Safety Certificate’ disclosure regime was introduced in Queensland. The new rules commenced on 1 December 2010 with disclosure obligations applying immediately for all contracts where the property sold includes a pool (which includes lots in a body corporate).

The primary effect of these laws in relation to the sale of management rights relates to disclosure within the lot contract. The changes have brought about a new contract for sale of residential lot in a CTS. The relevant contract is now the 4th addition. The new contract includes specific reference to the pool disclosures.

The contract differentiates between a non-shared pool and a shared pool. A shared pool is a pool on common property for use by residents while a non-shared pool in a body corporate would be a private pool forming part of a lot in a body corporate. In most cases a scheme which includes management rights will have a shared pool.

For contracts entered into after 1 December 2010 the law requires that:

1. if the shared pool has been inspected by a licensed and qualified building certifier and a ‘Pool Safety Certificate’ issued, the certificate must be provided to the buyer before settlement of the contract (and of course can be provided prior to entry into the contract); or

2. if there has not been a ‘Pool Safety Certificate’ issued for the shared pool then:

  • a ‘Notice of No Pool Safety Certificate’ must be provided to the purchaser prior to entry into the contract; and
  • the ‘Notice of No Pool Safety Certificate’ must be provided to the body corporate and the Department of Infrastructure and Planning prior to settlement of the contract. This responsibility will rest with the seller.

The ‘Pool Safety Certificate’ is a Form 23. The ‘Notice of No Pool Safety Certificate’ is a Form 36. These forms can be located on the Department of Infrastructure and Planning website (www.dip.qld.gov.au). The forms are intended to help prospective buyers make a more informed decision about purchasing a property.

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