pool fencing safety certficate
Blog, Pool Fence Laws, Purchasing a House

Buyers Beware – How Pool Safety Laws Could Cost You.

BEWARE:  Pool Safety Laws could cost you as a buyer.

Sellers of properties with a pool must provide a buyer with a swimming pool safety certificate prior to settlement.  Alternatively , the seller may sign a Form 36 – Notice of no pool safety certificate.

What does a Form 36 mean for a buyer?

We have noticed that many sellers are choosing to sign this form, which means that the buyer has 90 days to obtain the certificate from a licensed pool safety inspector after settlement.  The buyer is then liable for any costs associated with achieving compliance and in a lot of cases this is a very costly exercise.

The seller must issue the buyer with Form 36 – Notice of no pool safety certificate prior to entering into a contract.   If you receive this form at contract stage when you are purchasing a property be very aware that it may prove costly to bring the fence up to the new compliance laws.

Pool Safety Inspections are different from a pre-purchase inspection and must be undertaken by a licensed pool safety inspector and the safety certificate provided to council.

Once you are the home owner, you must comply with all pool safety laws.

Action Property Inspections recommend obtaining legal advice in all instances.


About Andrew Mackintosh

Andrew Mackintosh has been answering home inspection questions in the greater Brisbane area since 1995. He has personally carried out over 20,000 building inspections and is a licensed builder and licensed building inspector, Member of Queensland Master Builders Association & Institute of Building Consultants. Being the business owner and the inspector, Andrew is passionate about providing clients with excellent customer service, value for money, honest, unbiased, thorough inspection and reporting in a professional and timely manner to allow clients to make informed decisions when purchasing property.