Real Estate Agents, Property Agents and Resident Letting Agents need to be aware of the new laws and how this will affect contracts and lease agreements.

The new laws introduce a uniform pool safety standard, which new and existing pools must comply with. This includes indoor and outdoor pools and spas in houses, townhouses, units, hotels and motels, caretaker residences, caravan parks, backpackers, hostels, mobile home parks and homestays

Forms

Real estate agents need to be aware of two key forms:

• Form 23 – Pool safety certificate ( 85 KB) - This forms must be provided by a licensed pool safety inspector.
• Form 36 – Notice of no pool safety certificate ( 59 KB) – This form is used by seller and lessors when a pool safety certificate is not in effect.

Pool owners who have had their pool inspected and the pool does not comply, will receive a non-conformity notice—Form 26. Real estate agents are not required to take any action with this form. The form is used to indicate to the pool owner what steps are required to ensure the pool complies. Once the pool is found compliant by a licensed pool safety inspector, the inspector must give the owner a Pool safety certificate—Form 23.

Leases of non-shared pools

If a property with a non-shared pool (e.g. a house) is leased on or after 1 December 2010, a pool safety certificate (form 23) must be obtained from a licensed pool safety inspector by the lessor prior to entering into the lease.

Agents need to be aware that asking for, or receiving, a fee, commission, gain or other reward for activities associated with entering into a lease, where there is no pool safety certificate for a non-shared pool, is grounds for disciplinary proceedings against the agent under the Property Agents and Motor Dealers Act 2000.

Sale - Non-shared pools

Before entering a contract of sale, sellers are required to notify the potential purchaser if there is no certificate (by giving the potential byer a completed Form 36). If a certificate is not available before settlement the Form 36 given to the potential buyer before the contract was formed will suffice unless the settlement date or other information on the form has changed. In this case a revised copy of the form must be given to the buyer.

Where a property is sold, if the seller does not provide the buyer with a certificate, the buyer must obtain a pool safety certificate within 90 days of settlement.

Sale or lease - Shared pools

If a pool safety certificate is not already in effect, the owner of a shared pool (e.g. the body corporate or hotel owner) must obtain a pool safety certificate within 90 days of a sale, lease or other accommodation agreement (e.g. hotel stay) taking place.

Shared pool owners, such as bodies corporate, can take advantage of a two year phase in period from 1 December 2010 to obtain a certificate unless the pool is associated with short-term accommodation (e.g. hotels) in which case the phase in period is six months.

Pool safety certificates

Only licensed inspectors may issue pool safety certificates. An electronic register of pool safety inspectors is available.

Pool safety certificates are valid for one year from date of issue for shared pools and two years for non-shared pools. If another sale or lease occurs within this validity period, another certificate is not necessary.

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. Owners of non-shared pools do not need to display their pool safety certificates.

For more information on the new pool laws relating to selling or leasing a property with a pool, please refer to the pool safety fact sheets.