Queensland Pool Safety Laws may have a serious impact on property owners’ real estate investments. You will not be able to rent your property to a tenant (new or existing) without a Pool Safety Certificate from 1 December 2010, without risking fines or penalties.
While tenants are normally required to maintain the pool and ensure regular pool cleaning and maintenance occurs, it is the owners’ and property managers responsibility to make sure the pool fence is compliant and has a current pool safety certificate is place. If a pool is in a property currently being listed for rent, and is only accessible to residents of one dwelling, it is a non-shared pool. The owner of a non-shared pool must ensure a pool safety certificate is in effect for the pool before entering into a new or renewed lease for a property.
If your pool safety inspector inspects your pool fence and is not satisfied that it complies, they will issue a Form 26 – Pool safety non-conformity notice. A Form 26 advises the pool owner how their pool does not comply and details the work needed to make it comply. If the pool owner wants the pool re-inspected within 3 months of the Form 26 being issued, they must re-engage the original inspector. It is an offence for the pool owner to ask a different inspector to re-inspect the pool within this period.