If you’re thinking of selling your home with a pool, know that you have some obligations and certifications that you need to organise before selling.
Certification
A pool inspection and certification is a task you need to add to your to-do list before selling your home to ensure the sale proceeds smoothly. 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 (poolsafety@qbcc.qld.gov.au) before settlement.
The Form 36 advises that the pool may not comply with the pool safety standard and the steps that must be taken to comply.
The buyer must get a pool safety certificate within 90 days of settlement.
Before entering into a contract
If no pool safety certificate is in effect before entering into a contract of sale for a property with a pool, the seller must give the prospective purchaser a Form 36 —Notice of no pool safety certificate.
A Form 36 advises that there is no pool safety certificate in effect. Form 36 is intended to help prospective purchasers make a more informed decision about purchasing the property.
Before settlement
If a pool safety certificate is in effect, the seller must give the buyer a copy of the certificate before settlement. If a pool safety certificate is not in effect before settlement, the seller must give the purchaser a Form 36 with the settlement date on the form. A copy of the Form 36 must also be sent to the Department of Housing and Public Works. For shared pools, a copy must also be given to the body corporate.
After settlement
For non-shared pools, if a certificate is not in effect before settlement, the purchaser has 90 days from settlement to obtain a pool safety certificate. For shared pools, if a pool safety certificate is not in effect before settlement, the pool owner (usually the body corporate) has 90 days from settlement to obtain a pool safety certificate.
What happens if a property is being sold at auction?
If a property with a pool is being sold at auction and no pool safety certificate is in effect, the owner or their agent (e.g. auctioneer, real estate agent, etc.) must ensure that copies of the Form 36 are given to the prospective purchaser/s before entering into a contract of sale.