Swimming Pool Safety Cert? Buyer or Seller's responsibility?

F

fullylucky

This is for Queensland/Brisbane properties:

I’m buying an investment property that has a swimming pool. Right now it is just a pit. No motor or water inside.

I did a search and the pool is registered with Brisbane city council.
Just wondering is it up to the seller (vendor) to acquire the safety cert. or up to the buyer (me)?

If it’s up to me, how much does it cost? The fence is partially complete. And might not meet the required height, “auto reclose gate” etc.
So if I had to get the swimming pool safety cert. Not to fully recover the pool (buy motor etc) how much will it cost all up?
 
You're asking this NOW, after you've exchanged contracts? What other landmines are buried here?

A pool pit with partial fencing just screams potential liability to me. But that's just me.
 
Use some common sense. How were you planning to rent the place out with a big hole out the back? Look at it like a renter. How would you react if you were looking to rent a place that had a big crater out the back?

Anything that needs replacing, fixing or completing has to be included in your costs, and your offer price adjusted accordingly.
 
Hi there
the QLD contracts contemplate the possibility of either compliance or an exemption with the swimming pool requirements
I believe you would need to see the contract to decide further in this matter
 
It is the seller's responsibility to declare on the contract the state of the pool safety certificate. Either they provide one or declare that there is not one.

They can provide a notice of no pool safety certificate, which would make it your responsibility - but the pool safety inspection forms part of the building inspection, so you can have the purchase price reduced to compensate for the costs of fixing the fence.

If there is no pool safety certificate at settlement, you have 90 days to get one, at your own cost.

I presume you have a building inspection clause, so you can ask for a discount on the purchase price on the grounds that the pool will cost $2K to safely bring up to code, or you can crash the contract.

As for buying a property with a big hole in the ground and $30K to spend to turn it into a pool - then that's your choice.

Matt
 
Thanks Matt.

I think matt's advise/comment was the must useful.


Both vendor and myself have accepted. signed.

I'm just gonna put in the fence and get the pool safety certificate myself after settlement.

I think it will cost me $3000? What do you think? $350 for inspection?:confused:

I'm not going to fill it with water or buy a motor, filter etc.

right now it's just a pool in poor condition.
 
Read clause 4.7 of the contract (if REIQ, ADL forms is different)

Explains everything in plain english
 
why not contact the local Council and discuss their requirements?

We had an above ground spa that we owned prior to the fencing requirements, which required repair and which my husband did repair so we could use again

we had to have a fence, we had to comply with Council swimming pool requirements/development application type requirements

we also had Council out to certify the fence

the fence was in the order of $2K cause we chose a glass fence, the Council application in the order of $800 and the final inspection - nothing further other than a safety notice over the spa

you should get some quotes for the fence finalisation and contact Council
 
fullylucky said:
I'm just gonna put in the fence and get the pool safety certificate myself after settlement.

I think it will cost me $3000? What do you think? $350 for inspection?:confused:

I'm not going to fill it with water or buy a motor, filter etc.

right now it's just a pool in poor condition.
Click to expand...

Do you mean you are going to leave an empty pool, not filled, no filter, properly and safely fenced? Will this be an IP?

If so, you may find your tenant insisting that it be filled and working.

Sounds like a nightmare coming your way... :eek:
 
wylie said:
Do you mean you are going to leave an empty pool, not filled, no filter, properly and safely fenced? Will this be an IP?

If so, you may find your tenant insisting that it be filled and working.

Sounds like a nightmare coming your way... :eek:
Click to expand...

Agree.

No to mention the long term benefits of a pool that is in order!

pinkboy
 
There is a section on the contract (Qld) that relates to a certified swimming pool fence. The vendor states whether or not there is a current swimming pool fence certificate. If there is not, the purchaser must obtain one within a set period of time (I think it is 3 months, but not sure).

If the fence is fully compliant, the fee for certification is around $250. If the fence (and surroundings) are not compliant, then further costs will be incurred to make it meet the regulations.

Then again, what price can you put on a child's life?
Marg
 
marg4000 said:
There is a section on the contract (Qld) that relates to a certified swimming pool fence. The vendor states whether or not there is a current swimming pool fence certificate. If there is not, the purchaser must obtain one within a set period of time (I think it is 3 months, but not sure).

If the fence is fully compliant, the fee for certification is around $250. If the fence (and surroundings) are not compliant, then further costs will be incurred to make it meet the regulations.

Then again, what price can you put on a child's life?
Marg
Click to expand...

That's exactly what I thought. $250 for inspection.

just wondering how much the fence will cost?

i think before we had these laws 2 children died every week in Australia that's why there are these laws but i don't see how the pool needs to be inspected every year...? and for such a high price. just seems like a rich tax?
 
hi again
I don't really think you have thought through the implications of having a rental property with a pool
my parents had a 12 1/2 metre pool in their property in Canberra - by the end my mothers comments was it was costing them $1000 per swim - with ongoing problems with maintaining the pool, replacement pumps, pool chemicals etc
when the property burnt down in the Canberra 2003 bushfires, we filled in the pool
they are a headache!
 
fullylucky said:
That's exactly what I thought. $250 for inspection.

just wondering how much the fence will cost?
Click to expand...

http://www.poolfenceman.com.au/why-us/ this mob claim to do it cheaper.

How much will the fence cost? That's like asking how much a car will cost - it depends on what you want.

but i don't see how the pool needs to be inspected every year...? and for such a high price. just seems like a rich tax?
Click to expand...

I do. People build stuff (even as innocent as a retaining garden bed wall) next to the fence that make the fence non compliant. Trees grow that allow access and breach the regs. Auto closing latches wear out and stop working. Wooden fences that form part of the fence deteriorate and move allowing kiddie access.

I've watched my (then) 6 year old niece use a garden chair to get into the pool in the matter of seconds. The best defence against kiddie drowning is ensuring they can swim, or at least float from an early age.
 
alexlee said:
Are Qld landlords responsible for pool maintenance?
Click to expand...

Grey area. We ask that our owners pay for the pool to be serviced regularly, and the tenant pays for any chemicals needed, so they share the burden. The tenants must clean out the pool and filter.

Pool maintenance is something that requires special care and knowledge, and we can't reasonably expect a tenant to clean the filter bits with acid every few months like a pool service tech does.

I guess it's comparable to an air conditioner, the tenant should clean the filter, but when it needs re-gassing & servicing, the owner pays.

Matt
 
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