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Deepwater: New Pool Safety Laws

By Krista Sharp

What the new Qldpool safety laws mean for you!

Pool
On 30 November 2015 all pools and outdoor spas must comply with the new pool safety standards, or earlier if the property is leased or sold before then.

The Queensland Building and Construction Commission (QBCC), the governing body for pool safety, are increasing their in-the-field pool compliance auditing capacity in preparation for the looming deadline.

Only when a property is leased or sold is a pool safety certificate required. A seller can transfer the responsibility to the buyer through the completion and submission of a Form 36 to the QBCC. A landlord cannot transfer responsibility.

Pool Safety Certificates are valid for two years on a non-shared pool (residential) and one year on a shared pool (e.g. body corporates) regardless of how many times a property is re-leased or re-sold during this period.

Ray White Queensland Pool Compliance Snapshot

• More than 90% of offices are exposed to large fines and penalties due to the leasing of properties without the required pool safety certificate.

• It has been identified that more than 19% of Ray White leased properties in Queensland do not comply with the current pool safety laws and regulations.

• There are 479 identified properties where disciplinary proceedings against Ray White’s offices under the Property Occupations Act 2014 could occur.

• Business and financial risk increased by 10.1% from June to August 2015.

Penalties and Offences

• The maximum penalty by a court across Ray White Queensland for property management is estimated at $46,551,615.

• Disciplinary proceedings under the Property Occupations Act 2014 may occur if a property agent collects commissions in connection with a lease or other tenancy agreement where no pool safety certificate has been obtained for a non-shared pool.

• Penalties of up to $19,347 for individuals and $97,185 for corporations apply for failure to comply with pool safety laws.

• On the spot fines of $1,884.80 for individuals and $5,654.40 for corporations also apply for non-compliance with pool safety laws.

Support Pool Compliance for Ray White

Pool Compliance Australia

• Pool Compliance Australia (PCA) provides to the Real Estate Industry specific pool compliance and governance software for both property management and sales.

• PCA actively monitors the real estate market capturing property listings and tracking property lifecycles inclusive of new builds, for sale, for lease and when sold.

• PCA checks the property with the pool safety register to identify if the pool is registered and to understand whether a pool safety certificate is required or not.

• PCA provides email notifications for both new listings as well as your property management portfolio when pool safety certificates are approaching expiry.

• PCA makes your pool compliance portfolio data available through both a portal and an end-of-month report illustrating overall compliance and related data.

• PCA also provide field services via sister company, Lifeguard Pool Inspections, for the issuing of Pool Safety Certificates (contact PCA to confirm service area).

How Pool Compliance Australia can help

• PCA can provide to you a list of your properties and any known compliance gaps.

• PCA can update records with QBCC where pools or spas have been removed.

• PCA can send your office automated email notifications for new listings and leased properties prior to expiration to ensure your office achieves and maintains compliance.

• Pool Compliance notifications can also be set up for your sales teams.

• Upon receipt of a work order PCA can coordinate a pool safety certificate through sister company Lifeguard Pool Inspections with access to Ray White commercial rates.

Compliance support is made easy

Ray White and Pool Compliance Australia are together focused to ensure all offices achieve the minimum requirements relating to current pool safety laws and to remove possible penalties and fines across the network. To commence support please contact Pool Compliance Australia on 1300 649 749 or info@poolcomplianceaust.com.au

Ray White Metro West is a full service real estate agency servicing Brisbane’s Western Suburbs of Chapel Hill, Fig Tree Pocket, Kenmore, Kenmore Hills, Moggill, Bellbowrie, Brookfield, Pullenvale and surrounding suburbs.

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