If the property you are selling or are interested in purchasing has a pool, you should note that the owner has obligations to ensuring the pool is at an adequate standard or else risk termination of a contract. This article will explain obligations the seller has in a contract to ensure the pool complies with the stipulated requirements and the risks of failing to fulfil your duties.
Properties that have a non-shared pool require the seller to advise the buyer whether there is a Compliance or Exemption Certificate at the time of the contract date.
If there is a Compliance or Exemption Certificate in effect at the time of the contract date, the seller must provide it to the buyer at or before settlement.
Should a Compliance or Exemption Certificate not be in effect at the time of the contract date then the seller is required to hand over a pool compliance certificate at settlement. The buyer has the right to terminate the contract if the seller fails to provide a Compliance Certificate by settlement as this will mean the seller is not ready, willing and able to settle. The only exemption to this is if the seller provides the buyer with a No Safety Certificate prior to the contract being entered into.
If there is a pool on the land you are interested in selling, you should be aware of your obligations to provide certification that the pool is compliant. This is particularly relevant for a non-shared pool or else risk the buyer terminating the contract if such certificate cannot be provided by settlement.
If you require assistance with any issue in regards to a pool on a property in Queensland then please contact the property team at NB Lawyers for more information.
Kayleigh Swift, Associate
Kayleigh Swift is an associate in our Commercial and Property team who assists with Employment Law matters. With a high level of experience in commercial and retail leasing, voluntary and involuntary purchase and sale acquisitions, property development and employee relations, Kayleigh provides practical advice to ensure smooth business transactions.
Chloe Skubis, Lawyer
Chloe Skubis is a Lawyer in our Property team who assists with various conveyancing transactions. Chloe is very experienced in residential conveyancing and is a problem solver. She always provides efficient service to all her clients.