Buying or selling a property in Queensland with a pool

December 15, 2023

If you’re buying or selling a property in Queensland with a pool, there are a few things you need to know:

1. Register the pool: The pool must be registered with the Queensland Building and Construction Commission (QBCC). The registration process requires the owner to provide specific details about the pool, including its location, size, and age.
2. Pool Safety Certificate: All properties with a pool or spa must have a valid pool safety certificate before they can be sold or leased. The certificate is valid for 2 years (for non-shared pools) and 1 year for shared pools.  If you are buying a property without a current pool safety certificate, you must obtain one within 90 days of settlement. These are issued by a pool safety inspector who must be licensed by the QBCC.
3. Comply with pool safety standards: Pools and spas in Queensland must meet specific safety standards, including fencing, gate, and barrier requirements. It is the responsibility of the owner to ensure that the pool or spa complies with all these standards. Your local council can fine you if your pool fence does not comply with the standard, even if you have you have a certificate.
4. Disclosure requirements: If you are selling a property with a pool, you must comply with the disclosure requirements:
   • If selling with a current pool safety certificate, you must give the buyer a copy before the Buyer enters into the Contract.
   • When selling without a pool safety certificate, you must provide a Form 36—notice of no pool safety certificate before the Buyer enters into the Contract for sale.
5. Liability: If you are a property owner with a pool, you may be held liable for any accidents or injuries that occur in or around the pool. It’s essential to ensure that your pool is maintained correctly, and all safety measures are in place to minimise the risk of accidents.

Buying or selling a property with a pool in Queensland requires compliance with specific safety standards and regulations.  Obtaining a valid pool safety certificate, registering the pool, and complying with all safety requirements are critical to avoid legal issues and ensure the safety of those using the pool or spa.

For more information, please contact our property team at Fox and Thomas.