Are you buying, selling or leasing a residential property with a swimming pool in Queensland?

Buying or Selling Residential Property with a swimming pool?
The Queensland Government has recently introduced a number of changes to Queensland legislation relating to Swimming Pool Safety Laws. It is anticipated that the bill will be in effect from 1 December 2010 requiring that a Seller of a residential property that has a pool or a shared pool (for example as part of a residential complex) provides to the Buyer either:

    • a valid swimming pool safety certificate
    • an approved form stating that the seller does not have this certificate

It is unlikely that the failure to provide the certificate will give the Buyer a right to terminate the contract however it is an offence for which penalties can be levied against a Seller for failing to comply with these new requirements.

Where the Seller does not have a valid swimming pool safety certificate the Buyer will have a period of 90 days after completion to obtain a pool safety certificate. If the Buyer does not comply with this requirement then a fine can be issued for failure to comply with the new requirements.

Leasing residential property

The new requirements will also extend to owners of residential property’s being let with swimming pools. If a tenant is to have exclusive use of the pool then the landlord must provide a copy of the pool safety certificate to the tenant before the tenant enters into the agreement to let the property

Where the premises are shared premises (i.e. as part of a residential complex) a landlord must ensure that a copy of the pool safety certificate be either conspicuously displayed either near the main entrance to the premises or at each gate or door giving access to the shared pool. As such it is important that body corporates assist owners of residential premises in a complex to ensure that these requirements are met.

Failure to comply with either of these requirements is an offence for which penalties can be levied against a landlord for not complying with the new requirements.

Gavin McInnes

Partner

Brisbane 07 3009 8444
Sydney 02 9307 8900
Email g.mcinnes@rclaw.com.au

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