The FAQ’s Talk About The Info For BC Disclosure Statement But Nowhere Does It Mention The Form 36?

We do this doc for free as part of our flow. It’s a form 2 requirement. Form 36 - that is just the Notice of No Pool Safety Cert - In a body corp setup, the pool is usually part of the common property, it’s not owned by the individual seller.

However, if there’s no valid certificate in place, the seller still has to issue a Form 36, even though they don’t actually control or manage the pool themselves.

The seller (or us on their behalf) needs to request the certificate from the body corp or the building manager.

If the certificate doesn’t exist or is expired, they’ll need to:

• Issue a Form 36 to the buyer, and

• Notify the body corp that the property is being sold without a valid certificate—so they can inform QBCC (if they haven’t already).That means the responsibility for having a current pool safety certificate sits with the body corporate, not the seller.