Into the Deep End

Why You Need to Know the Difference between Shared & Non Shared Pools

Do you own a pool? Are you thinking of buying somewhere with a pool? You’re probably aware that there are heaps of pool safety laws under the Building Act 1975 (QLD) that apply to pool owners, but did you know that different regulations can apply for Shared Pools and Non-Shared Pools?

Here’s what you should understand before diving into a sale or purchase of properties with pools…

Non-Shared Pools

These are pools that are only be used by the residents of one dwelling, such as a private house pool or a spa on a private balcony. Note: if the pool is associated with a “Class 3 Building” (such as a hotel, motel or backpacker hostel) it will be considered a Shared Pool – even if it’s only accessible to some residents.

When entering into a Contract of Sale, the Seller must either:

1. provide the purchaser with a pool safety certificate; or
2. give a Form 36 notice that they do not have a certificate.

If the purchaser doesn’t have a valid pool safety certificate at settlement then they must obtain one within 90 days. Certificates are valid for 2 years for Non-Shared Pools, no matter how many times the property is sold or leased during that period. You don’t need to renew them once they expire, unless you decide to lease or sell the property.

Shared Pools

These are pools that can be used by residents of more than one dwelling, such as hotels, backpacker hostels or body corporate pools.

When entering into a contract of sale, the Seller must either

1. provide the purchaser with a pool safety certificate; or
2. give a Form 36 notice that they do not have a certificate.

If the Seller doesn’t provide a certificate then the Form 36 notice must also be given to the Queensland Building and Construction Commission and the body corporate (if there is one) prior to settlement.

The Buyer will have 90 days from settlement to comply with the pool safety standards. Certificates are only valid for 1 year for Shared Pools and must be displayed at the pools access point.

Leasing Properties with Pools

When leasing a property with a Non-Shared Pool, the property owner must ensure a valid certificate is in effect before the lease agreement is signed, however the tenant does not need to be provided with a copy.

Property owners who are leasing a property with a shared pool must either ensure that a valid certificate is in effect, or give a Form 36 notice to the tenant, the QBCC and the owner of the pool (i.e. the body corporate) before entering or renewing the lease. If there is a certificate, the tenant must be given a copy as well.

Property Agents

Finally, property agents should note that if you collect commissions in connection with a lease (or other accommodation agreement) for a non-shared pool, and no pool safety certificate has been obtained, you may be liable under the Property Occupations Act 2014.

How We Can Help

If you are buying, selling or leasing a property with a pool, remember that the pool safety requirements may vary depending on whether it is a Shared or Non-Shared Pool.

Contact us by emailing info@smslaw.com.au or phoning (07) 0667 8966 to check your obligations. Want to know more about the current pool penalties in Queensland? We recently wrote a full article on pools and the penalties which you can view here.