Before entering into a contract
A seller must either give the purchaser a pool safety certificate or give a notice of no pool safety certificate (Form 36). The Form 36 advises that the pool may not comply with the pool safety standard and the steps that must be taken to comply. Form 36 is intended to help prospective buyers make a more informed decision about purchasing the property.
A seller must either give the purchaser a pool safety certificate or ensure the purchaser has a Form 36 and also provide a copy of the Form 36 to the Pool Safety Council and, if relevant, the body corporate responsible for the pool.
If the purchaser has not been given a valid pool safety certificate before the settlement date, the purchaser has 90 days from the date of settlement to comply with the pool safety standard. This time frame cannot be legally extended. Pool owners are encouraged to have the pool fence inspected with sufficient time to make repairs if needed.
For properties being sold by auction, if a valid pool safety certificate is in effect, the seller must give the certificate to the buyer before settlement. Otherwise, the owner or their agent e.g. auctioneer, real estate agent etc, must ensure a Form 36 is given to all prospective buyer/s e.g. registered bidders, before entering into a contract of sale.
Pool safety certificates are valid for one year for shared pools, regardless of how many times the property is re-sold or re-leased during this period. A new certificate is not required after this period until the property is next sold or leased.
Pool safety certificates for shared pools must be conspicuously displayed near the main entrance to the premises or at a gate or door accessing the pool.
Leasing a property with a shared pool
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.