If you are selling your property, you have a few options.
We recommend that you obtain a pool safety certificate so that the buyer knows exactly what they are purchasing and that it complies with pool safety laws. This will avoid any complications during negotiations, up to and including settlement.
If you have a pool safety inspection and a nonconformity notice is issued, you have 90 days to rectify the issues so that a pool safety certificate can be given, or you may notify the buyer that you have a nonconformity notice and negotiate who is to rectify the issues. In this case, you must also complete a Form 36—Notice of no pool safety certificate. The buyer may want compensation if it becomes their responsibility.
You can sell the property without a pool safety certificate, but we do not recommend this. If you choose this option, you need to complete a Form 36—Notice of no pool safety certificate. It will then be the buyer’s responsibility to organise a pool safety certificate within 90 days of settlement. Please give consideration to the fact that this may frighten buyers from purchasing your property, as they will have no idea of associated costs that may apply.
If you have purchased a property with a pool that has a Form 36—Notice of no pool safety certificate, you need to make sure you have a pool safety certificate within 90 days of the settlement date.
If the seller has had an inspection done and has been given a nonconformity notice, you might like to ask for a copy so that you are fully aware of what needs to be done to obtain a pool safety certificate prior to purchasing.
If you have an inspection completed and a nonconformity notice is issued, you still have 90 days from the settlement date to comply—NOT 90 days from the nonconformity notice date. So, if you think it may not comply, do not leave it to the last minute or you may receive an infringement notice from the Pool Safety Council.
If you own a property with a pool, prior to a new tenancy, lease renewal or a change to the lease, you must obtain a pool safety certificate. You are not able to lease a property without one. Once a pool safety certificate is issued, it is valid for two years.
Not Selling or Leasing
If you are not selling or leasing your property, you have to ensure that your pool or spa is compliant with the current pool safety standards. You can either have a pool safety inspection done or an advisory consultation. The difference is that with an advisory consultation you won’t have a certificate to say that it is compliant.
We still recommend you go through our checklist to ensure that your pool complies with the new legislation.
A pool safety certificate is effective for 2 years for a non-shared pool.