If you own a property with a swimming pool or spa, new regulations have been introduced in Victoria requiring you to meet additional registration and compliance requirements with your local council. These new regulations will also have implications on how you sell or purchase a property with a swimming pool or spa.
Your swimming pool or spa needed to be registered with your local council by the later of 1 November 2020, or within 30 days of after the date of issue of occupancy permit or certificate of inspection. Penalties will apply if you fail to comply with the registration requirements. Please contact your local council for more information.
Registration requirements also extend to relocatable pools (i.e. moveable or portable pools). If the relocatable pool is erected for three or more consecutive days, lodgement of the application for registration of the pool must be completed on the fourth day after the pool is erected. If the relocatable is in place for less than three consecutive days, registration is not required.
Inspection and compliance
You will also be required to have the safety barriers of your swimming pool or spa inspected and lodge a certificate of compliance of the safety barriers with your local council once every four years. The inspection can be conducted by:
- A registered building surveyor;
- A registered building inspector; or
- A municipal building surveyor.
After you receive your certificate of compliance from the inspector, it is your responsibility to lodge the certificate with your local council within 30 days of receiving it. Please contact your local council for more information.
If you are a vendor
It is important that you let us know whether or not your property has a swimming pool or spa, and whether or not you have met the requirements above. This information will be crucial in our preparation of your contract of sale.
If you are a purchaser
You should let us know if the property you are purchasing has a swimming pool or spa at the earliest opportunity. You should not assume that we have this information from perusing the contract of sale and section 32. If there is a lack of compliance, this will give you the opportunity to further negotiate with the vendor if the contract has not been signed, or you may be able to terminate the contract within the cooling off period if it has been signed.
Please do not hesitate to contact our property team if you have any questions or queries about the above.