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Do I need a Pool Safety Certificate to sell my home?

Pool Safety Certificate

In Queensland, you can technically sell your home with or without a Pool Safety Certificate.

Queensland’s standard REIQ contract of sale requires the Seller to disclose whether there is a pool on the property and if so, the Seller must further disclose whether the pool has a valid Pool Safety Certificate.  Under the standard terms of contract, Seller’s must provide the Buyer with a Pool Safety Certificate prior to or at settlement unless the Seller has provided the Buyer with a Notice of No Pool Safety Certificate.

If you have a pool in your property, we highly recommend you obtain a Pool Safety Certificate prior to selling your home.  Here are a few reasons why we recommend obtaining a Pool Safety Certificate when selling your home in Queensland:

  1. Legal Compliance: It is a legal requirement for all property owners in Queensland to ensure that their pool is compliant and remains compliant with pool safety standards. Without this certificate, you may face legal consequences or delays in the sale process.
  2. Safety Standards: The certificate ensures that your pool meets the safety standards set by the relevant authorities. It includes requirements for fencing, gates, and other safety features to prevent accidents and ensure the safety of children and others around the pool area.
  3. Liability: By having a Pool Safety Certificate, you reduce the risk of liability in the unfortunate event of any accidents or incidents related to the pool during the selling process. This can protect you from potential legal disputes or claims related to pool safety.
  4. Smooth Sale Process: Having the certificate ready at the time of sale can streamline the process and make your property more attractive to potential buyers. It shows that the pool has already been inspected and meets the necessary safety standards, giving buyers peace of mind.

If you do not have a Pool Safety Certificate and are not willing to obtain one to sell your property, you will need to ensure that the contract discloses such intention and the Buyer is provided a Notice of No Pool Safety Certificate with the contract of sale.  If the Buyer is not provided with such notice and you fail to provide the certificate by settlement, the Buyer may elect to terminate the contract at settlement.  Alternatively, the Buyer may elect to proceed with the contract in which case, the obligation to obtain a Pool Safety Certificate transfers to the Buyer who must obtain a certificate within ninety (90) days of the settlement date.  Failing such obligation, there may be substantial penalties imposed on the Buyer.

It is important to note that providing the Buyer with a Notice of No Pool Safety Certificate may allow you to circumvent the need to provide a compliance certificate, but you cannot contract out of your legislative obligations to ensure pool compliance at all times.

The Small Business Lawyer is available to assist with any of your Pool Safety Certificate concerns.  Please do not hesitate to contact us.

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Standard Search

Title Search

If there is a material defect, the buyer can claim compensation or terminate the contract any time prior to settlement

Registered Plan

If there is a material defect, the buyer can claim compensation or terminate the contract any time prior to settlement.

Land Tax

Allows for adjustment at settlement in accordance with the contract and termination if not paid on or before settlement. 

Full Rates Search

Allows for adjustment at settlement in accordance with the contract.

Special Water Meter Reading

Allows for adjustment at settlement in accordance with the contract.

Online Search for Tree Orders

If there is a tree application or order for the property and it has not been disclosed by the seller prior to signing the contract, the buyer can exercise their rights to terminate at any time prior to settlement.

Pool Safety Register

The seller is obligated to provide a current Pool Safety Certificate to the buyer prior to settlement. If the seller does not and will not be obtaining a current Pool Safety Certificate, a Notice of No Pool Safety Certificate must be given prior to contract signing. Failure to do so is a breach of an essential term and allows the buyer has the right to claim compensation and terminate the contract.

Dial Before You Dig

If encumbrances appear on the searches that are not disclosed in the contract, the buyer can exercise their rights to claim compensation and/or terminate the contract if they can prove said encumbrances materially affect their use of the land.

ASIC Company Search

No rights to terminate or claim compensation.

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