POOL OWNERS
IMPORTANT INFORMATION
  1. You need to ensure your pool complies (obtain pool safety certificate Form 23) with the new pool safety standard by the 30th November 2015.
  2. From 1st December 2010 - a pool safety certificate Form 23 is required if you sell or lease your property before the time frame above.
  3. You must ensure pool is listed on the state-wide pool register by 4th November 2011.
  4. A pool safety certificate is valid for two years for a non-shared pool (eg. house) or one year for a shared pool (eg. hotel, unit complex).

 

LEASING & OTHER ACCOMMODATION AGREEMENTS
IMPORTANT INFORMATION
  1. Shared pool – for shared pool leases, the owner must give the tenant a copy of a pool safety certificate if one is in effect.  If there is no certificate in effect, the owner must give the Notice of No Pool Safety Certificate Form 36 to the tenant, to the body corporate and the Department of Infrastructure and Planning. The pool owner must then obtain a pool safety certificate within the 90 days of the accommodation agreement being entered into.
  2. Non-shared pool – before entering into a new or renewed lease agreement the owner must ensure a pool safety certificate is in effect for the pool.  The Notice of No Pool Safety Certificate Form 36 cannot be given.  Unlike shared pools, there is no 90 day compliance period and there is no phase-in-period.

 

SELLING A PROPERTY WITH A POOL
WHAT YOU NEED TO KNOW
  1. Before entering into a contract of sale – 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 Notice of No Pool Safety Certificate Form 36.
  2. 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 of the form.
  3. 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.
  4. 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.  However, for settlement occurring on or before 1st September 2012, a phase in period applies – the pool owner has until 30 November 2012 to obtain a pool safety certificate for the pool,

 

PHASE -IN PERIODS
IMPORTANT INFORMATION

A pool safety Certificate is only required (before the 30th November 2015) when selling, buying leasing or entering into another type of accommodation agreement for a property with a pool.

For shared pools on properties used exclusively for short-term accommodation , pool owners (eg body corporate) have until 31 May 2011 to obtain a pool safety certificate.  For other shared pools, owners have until 30 November 2012 to obtain a pool safety certificate.