POOL SAFETY INSPECTIONS IN TOOWOOMBA
Non-shared Pool:
Selling
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.
Buying
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.
IMPORTANT NOTE: 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.
Leasing
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.
Shared Pools
If leasing a property with a shared pool, owners and property agents should note that the date that a lease or other accommodation agreement is entered into may be different from the day the agreement starts. It is only the date that the lease is signed that is relevant to the pool safety laws.
When entering into an accommodation agreement for a shared pool, the pool owner (for example, a unit owner) must either ensure a valid pool safety certificate is in effect before entering into or renewing a lease or other accommodation agreement. A copy of the certificate must also be given to the tenant or occupier, except for short-term accommodation e.g. hotels, motels and backpacker hostels, or give a Form 36 to the pool owner (for example the body corporate), the Pool Safety Council and the tenant or occupier (except for short-term accommodation) before entering into a lease or other accommodation agreement.
From 30 November 2012, if the property owner gives a Form 36 to the person entering into the accommodation agreement (shared pool) they must obtain a pool safety certificate within 90 days of entering the agreement.
HELPFUL HINTS:
Property Managers we understand that the pool safety laws are, yet again, more work for you and have increased your risk management levels.
We understand because we are familiar with the PAMD Act and the Residential Tenancies & Rooming Accommodation Act.
Leasing a Property all properties with a non-shared pool prior to a new tenancy, lease renewal or a change to the lease must have a pool safety certificate in place. You are not able to lease a property without one. Once a pool safety certificate is issued for a non-shared pool it is valid for two years.
What is a ‘Trigger’? When it comes to pool safety laws and property management, you need to be aware of what is considered a ‘trigger’. A trigger is an event that sets off the need to provide a pool safety certificate. For property managers, the triggers are: when a property is leased, when a lease is renewed, and/or when an alteration is made to an existing lease, i.e. rent increase, change of names on the lease.
We recommend that you allow enough time before the lease start date to ensure that if a second inspection is required, you have time to organise any adjustments or repairs required, prior to the start of the lease or lease renewal.
We offer to do the PAMD Form 9 for you and are happy to organise access directly with tenants if necessary. If a property is vacant, where practical, we are willing to pick up keys from your office and return them in a timely manner.
Keep your Landlords Informed to assist your landlords, please use our checklist, perhaps on your next routine inspection, if a pool safety certificate is not required beforehand. That way you can ascertain whether the pool is likely to pass or not and prepare your owners for that.
Our goal is to assist you by implementing systems so that once a pool safety certificate is issued by us for one of your properties, you will automatically be contacted every 2 years before the certificate expires.
If you would like your property managers and sales staff to be better informed, please do not hesitate to contact our team to organise to a training session.
