Standard Clauses for Pool Fencing in Contracts
Standard Clauses for Pool Fencing in Contracts
Owning a pool is a Queensland dream, many homes, especially in Brisbane, feature swimming pools thanks to the warm climate and outdoor lifestyle.
This makes pool fencing compliance a critical consideration during conveyancing. Whether you are buying or selling a property, failing to address pool safety obligations can lead to legal issues, settlement delays, or fines. Including clear clauses in the contract of sale ensures both parties understand who is responsible for compliance, protecting everyone involved and keeping the transaction smooth.
To make responsibilities clear, standard clauses can be included in the contract of sale:
Seller Responsibility Clause
When the seller agrees to take responsibility for pool fencing:
The seller ensures the pool fence meets Queensland safety standards before settlement.
Any costs associated with upgrading or repairing the fence are the seller’s responsibility.
The contract should explicitly state the timeline and requirements for certification.
Standard Contract Clause:
Special Condition Pool Fencing (the Seller’s responsibility)
The Seller agrees that prior to the date for completion the Seller shall erect enclosures surrounding the swimming pool to the standard required by all relevant legislation.
Buyer Responsibility Clause
When the buyer takes responsibility:
The buyer agrees to inspect the pool and bear costs for any compliance works after settlement.
The contract may specify a pool safety certificate requirement to confirm status at settlement.
Useful when the buyer is planning renovations or intends to upgrade the property.
Standard Contract Clause:
Special Condition Pool Fencing (the Buyer’s obligation)
(a) The buyer agrees to comply with all legislation relevant to the pool enclosure on the Land.
(b) The Buyer agrees that Clause 7.6 of the Terms of Contract for Houses and Land does not apply to the pool enclosure and agrees not to make any claim, obligation or requisition in relation to such enclosure.
Tips for Smooth Brisbane Conveyancing
Include clear clauses in the contract as ambiguity can cause disputes.
Verify certification, always check for current pool safety certificates before settlement.
Seek professional advice, a conveyancing solicitor can ensure clauses are enforceable.
Contract agreements such as all pool fencing arrangements should be written into the contract.
Pool regulations and safety standards - Brisbane City Council
All pools need to comply with pool fencing regulations and safety standards to keep children, families and animals safe.
Pools that must meet these regulations and standards include:
swimming pools
spas (including those with lockable lids)
wading pools (excluding portable wading pools, unless they can hold 300 millimetres or more of liquid).
If you own a pool or live at a property that has a pool, it’s important to understand the rules and regulations detailed here.
If you're building a pool, make sure you understand the relevant legislation and building approvals.
Pool Safety Certificate
A pool safety certificate is issued by a licensed pool safety inspector. It confirms that a pool is safe and complies with the relevant requirements and standards.
Safety certificates are valid for:
one year for a shared pool
2 years for a non-shared pool.