New regulations around pool safety when buying and selling property

The Real Estate Institute of Queensland (REIQ) has introduced a new rule which will impact agents, buyers and sellers. The rule states that where an agent creates a Form 36, or a notice of no pool safety certificate, the agent must supply a copy of the completed Form 36 to the QBCC prior to settlement.

A Form 36 must be sent to a prospective buyer prior to the Contract of Sale being signed if there is not a pool safety certificate at the time of signing the Contract. Under 5.3 (1) (e) The seller must have provide the pool safety certificate prior to settlement or a notice of no pool safety certificate prior to the buyer signing this contract.

Where a Form 36 is provided, the buyer then has 90 days after Settlement to ensure the pool is safety certified. This is easily achieved by contacting your local pool safety inspector.

Whilst we have been advised that the REIQ has decided this to be the case, it is yet to be confirmed that this has been mandated by the Government.

Thank you to Rebecca Petroff from Sunstate Conveyancing for sharing this important update with us.