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Pool ignorance could result in hefty penalty

Buyers of Queensland homes with pools are just coming to grips with the reality of a stiff penalty if they don't certify their pools within 90 days of settlement, according to pool safety inspection organisation The Big Tick.

Buyers of Queensland homes with pools are just coming to grips with the reality of a stiff penalty if they don't certify their pools within 90 days of settlement, according to pool safety inspection organisation The Big Tick.

Many homebuyers aren't being advised of their obligation to obtain a Form 23 – Pool Safety Certificate within the 90-day settlement period if one isn't already in place, said Helen Smith of The Big Tick.

"Because this requirement falls under relatively new legislation, chances are high that the homeowner has not obtained one, so this responsibility will almost always fall to the buyer," she said.

"In fact, of just over 1000 local homes with pools we checked that settled since the legislation was introduced from December 1, 2010, over half of them still do not have certificates in place. These new homeowners, unbeknown to them, are now facing penalties of up to $16,500."

Pool gates and hinges must now comply with current safety legislation, along with prominently displayed resuscitation signage and the removal of any climbable objects.

In this current slow sales period property vendors should be doing whatever they can to minimise buyer negotiation power; this should include obtaining a pool safety certificate.

Landlords should also be reminded that pool safety certificates will be legally required from July 8 for new tenancies, lease renewal or change to the lease, said Smith.

From November 2015, every pool will need to conform to pool safety standards, as well as being registered, she said.

Vendors should contact a pool safety inspector and buyers should check if the pool is certified to avoid big fines, said Smith.

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