You cannot lease a Queensland home with a pool without a valid pool safety certificate. You can sell without one, but only if you give the buyer a Form 36 Notice of No Pool Safety Certificate before they sign the contract, in which case the buyer must obtain a certificate within 90 days of settlement at their own cost.
When do I need a pool safety certificate?
If your property has a regulated pool (in-ground, above-ground, spa, or portable pool that can hold more than 300mm of water) and you are selling or leasing. A certificate is valid for two years for a shared pool (unit block) and one year for a non-shared pool.
How do I get a pool safety certificate?
Book a licensed pool safety inspector. They will inspect the barrier (fence, gate, latches, non-climbable zones), any pool structure and CPR sign, and issue a Form 23 pool safety certificate if compliant. If not compliant, they will issue a Form 26 nonconformity notice listing what needs fixing.
What are the common non-conformities?
Gate latches too low. Non-climbable zone breached by pot plants, air conditioners, or garden beds. Gaps in the fence greater than 100mm. Fence height less than 1,200mm. Missing or non-compliant CPR sign. Most of these are fixable in a day.
Can I sell without a pool safety certificate?
Yes, but you must give the buyer a Form 36 Notice of No Pool Safety Certificate before the contract is signed. The buyer then has 90 days from settlement to obtain a certificate. In practice, buyers hate this because it puts the compliance cost on them, so it usually means a lower price.
Can I lease without a certificate?
No. A valid certificate must be in place before the tenancy starts.
What is the cost?
Inspections typically cost $200 to $400. Rectification varies widely from a $50 latch to a $5,000 fence replacement. Get the inspection done early in your campaign so any rectification is complete by the time you go to contract.
Important note
This article is general information only, not legal advice. Queensland property law changes and every situation is different. Before you act, speak with a qualified solicitor or licensed conveyancer, and verify current requirements with the relevant Queensland Government source (Queensland Government, Queensland Law Society, Office of Fair Trading, or the QBCC where applicable).
Where to from here
Selling and want it handled properly? Book a free appraisal and I will walk you through your obligations end to end. If you just want a fast market read on your home first, Jai can give you an instant estimate.
Frequently asked questions
Thinking of selling in Rochedale?
Get a free appraisal from Junaid Ally. Call 0410 218 499 or visit junaidally.com/appraisal.
