The new pool safety laws affect leasing arrangements. Different rules apply depending on whether the pool is a shared or non-shared pool.

Non-shared pools

If a pool is only accessible to residents of one dwelling such as a private house or private spa on a unit balcony, it is a non-shared pool.

Before entering into a new or renewed lease for a property with a non-shared pool, the owner must ensure a pool safety certificate is in effect for the pool.

Shared pools

If residents of two or more dwellings can use a pool, such as a body corporate pool, it is a shared pool.

For shared pools, the owner must give the person who will be the tenant a copy of a pool safety certificate before entering into the lease if a certificate is in effect.

If there is no certificate in effect, the owner must give a Notice of no pool safety certificate - Form 36 ( 59 KB) to the person who will be the tenant, to the body corporate and to the department before entering into the lease. The Notice of no pool safety certificate - Form 36 advises that the pool may not comply and the steps that must be taken to comply. The pool owner, usually the body corporate, has 90 days to obtain a pool safety certificate for the pool.

However, for leases entered into on or before 1 September 2012, a phase in period applies - the pool owner has until 30 November 2012 to obtain a pool safety certificate for the pool. If a new or renewed lease is entered into on or after 2 September 2012, the pool owner must obtain a pool safety certificate within 90 days of entering into the lease.

For more information about the new pool laws relating to leasing a property with a pool, please refer to the leasing a property with a pool fact sheet ( 200 KB).

Validity of pool safety certificates

Pool safety certificates are valid for two years from the date of issue for non-shared pools, and one year for shared pools.

Media releases

07/07/2011 - Pool Amnesty expires on Friday