Property Management Training - Pool Laws; a summary

Part of Chapter 3 of PME - Property Management Excellence Training and Procedures Manual
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3.3.13 Pool safety certificate

The Queensland Government introduced new pool safety laws in December 1 2009. This means that if a property with a pool or spa is rented or sold prior to December 1 2015, a Pool Safety Certificate must be obtained. A rental property (house) with a pool cannot be rented without a certificate. Shared pool obligations are outlined below.  In addition, all pools and spas in Queensland (regardless if a rental property) must be registered on the state government pool register – to ensure a pool or spa is registered, visit www.dlgp.qld.gov.au

Non-shared pools – Houses -  If a pool is only accessible to residents of one dwelling such as a private house or private spa on a unit balcony, it is a non-shared pool. Before entering into a new or renewed lease for a property with a non-shared pool, there must be a pool safety certificate is in effect for the pool. (Form 23 under the Building Act)

Shared Pools – Units -   If residents of two or more dwellings can use a pool, such as a body corporate pool, it is a shared pool.  For shared pools, the owner or the body corporate must complete a Form 36 Notice of No Pool Safety Certificate. Form 36 must be given to the tenant. (after December 1 2012, a Pool Safety Certificate must be in place and the Form 36 should no longer be used for rental properties).

Until December 1 2012, property managers must give a Notice of no pool safety certificate - Form 36 to the person who will be the tenant, to the body corporate and to the department before entering into the lease for shared pools that do not yet have a Pool Safety Certificate. The Notice of no pool safety certificate - Form 36 advises that the pool may not comply and the steps that must be taken to comply. The Form 36 should not be used in Property Management after the 1^st December 2012.

However, for leases entered into on or before 1 September 2012, a phase in period applies - the pool owner has until 30 November 2012 to obtain a pool safety certificate for the pool. If a new or renewed lease is entered into on or after 2 September 2012, the pool owner must obtain a pool safety certificate within 90 days of entering into the lease.

From December 1 2012, all rental properties must have a pool safety certificate in place for both units and houses. Property managers are not to rent properties that do not have a pool safety certificate and are to advise the licensee or senior manager immediately if there are any concerns relating to this matter.

Validity of pool safety certificates

Pool safety certificates are valid for two years from the date of issue for non-shared pools, and one year for shared pools.  Systems are to be put in the software programme or other preferred programme to flag when pool safety certificates are expiring.

To ensure pool safety certificates remain effective, property managers should check the pool register each time a tenancy commences or a tenancy is renewed. Visit www.dlgp.qld.gov.au and follow the links to the pool safety register.

For more information about Pool Safety Law refers to Chapter 37 of PME – Pool Safety Laws for sales and rental property.

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