Pool Safety Law Exemption

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On 17 February 2011 the Queensland Parliament passed the Queensland Reconstruction Authority Act 2011 (QRAA). The QRAA has amended, amongst other legislation, the Building Act 1975 and more specifically, the laws pertaining to swimming pool safety certificate requirements in relation to rental properties with non-shared pools.

The amendments, which apply retrospectively from 8 January 2011, are outlined below. In summary, due to the recent disaster events in Queensland, the Government has delayed the application of the pool safety certificate requirements for rental properties with non-shared pools.

From 8 January to 8 July 2011 an exemption applies, and allows properties with non-shared pools to be leased without a pool safety certificate being effected prior to a tenancy agreement being entered into. Owners must however give a ‘Form 37: Notice of no pool safety certificate’ to the tenant before entering the tenancy agreement (or any other accommodation agreement as defined in the Building Act 1975).

The six month exemption applies state-wide and is intended to more easily allow homes to be rented to evacuees, or people who are assisting with recovery efforts. All other aspects of the new pool safety laws still apply and are not affected. To avoid an extended vacancy after the 8th of July, 2011 we will use this six month exemption period to ensure all properties that require a pool safety inspection have this completed and to make any upgrades necessary to meet the new pool safety standards.

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