If your client is selling a property in Queensland that does not have a pool safety certificate, then under the Building Act 1975 (Qld) the seller must give notice to the buyer and to the QBCC (Queensland Building and Construction Commission) commissioner, with a Form 36 Notice of no Pool Safety Certificate.
The buyer must be aware that within 90 days after the date of settlement, they must obtain a pool safety certificate – section 246ATJ. This means for example if there is fencing required for the pool to become compliant, then the buyer, who is now the new owner of the property must outlay the necessary funds to purchase the fencing. There could be other costs involved in obtaining the necessary compliance, so the new owner should be aware of the potential outlay.
What if the new owner does not obtain a Pool Safety Certificate?
The new owner could potentially be reported to the QBCC and be fined a maximum of 165 penalty units which at the present time is $20,814.75 (current from 1 July 2017).