An amendment to the Building Act 1975 Qld was introduced into Parliament last week which will require a seller of residential property to provide a purchaser with a swimming pool safety certificate prior to settlement.
If the seller does not obtain the certificate, there is a prescribed form to be given to the purchaser.
If the seller does not supply a valid swimming pool safety certificate, the purchaser of the property will have 90 days to obtain the certificate.
Residential property owners who lease their properties to tenants will also be required to have a valid swimming pool safety certificate in place prior to entering into any Tenancy Agreement. There are also requirements in relation to properties with shared swimming pools and bodies corporate.
There is no commencement date that has been agreed to yet, but the Premier has stated publicly that she would like the laws to commence on 1 December 2010.
Whilst it would not appear that there are any drastic ramifications that will apply to contracts for sale, there will no doubt be penalties, costs, and other issues for sellers to consider if they have a residential property which includes a swimming pool. Naturally, most purchasers would prefer that the swimming pools are compliant with the legislation and will require a safety certificate so they do not have to worry about the cost of compliance in the future.
Real Estate Agents will need to alert their vendors about the proposed legislation and keep an eye on the commencement date of the Amendment Act. Property Letting Agents will also need to prepare their landlords to obtain the safety certificates in order for them to continue leasing their properties to tenants.
The legislation will probably give bodies corporate a two year time frame to comply with the legislation. This has not been confirmed and more will be known when the commencement date of the Act has been proclaimed by Parliament.
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