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Information for Real Estate Agents and Property Managers

Mandatory Pool Barrier Compliance – November 1- Deadline for pool registrations

Did you know It is now a legal requirement for owners of land where a swimming pool or spa is located to have the safety barriers inspected and to lodge a certificate of barrier compliance with their council.

Owners are also required to register their pool or spa with the relevant council. If a safety barrier is not compliant, it is the owner’s responsibility to ensure compliance. Due to November 1st registration deadline, there has been an acceleration in requests from prospective purchasers for detailed pool compliance reports during the sales campaign or prior to unconditional sales.

The laws also demand greater disclosure in a Section 32 when a Contract of Sale is prepared. The new government regulations enforce additional stringent registration and inspection safety barrier rules of private pools and spas. Each municipality is now building and managing a register of all private pools and spas within their area.

All pool and spa owners are required to have their safety barriers inspected and signed off by an independent building inspector. To avoid compliance related issues before or after contracts are signed, and to give the contract every chance of settling without delay, vendors and their agents should ensure all pool/spa related matters are disclosed to prospective purchasers.

Inspections by a Registered Pool / Building Inspector give you and your client the confidence that you are protected against any future claims.

  • Purchasers: Must know the current and ongoing requirements to ensure their pool/spa barriers are made and remain compliant. Additional costs of compliance can include: barrier advice and inspections, corrective action/remedial works, illegal pool builds (maybe subject to council enforcement/penalties), plans and permits for new barriers and related costs.
  • Vendors and /or Agents: Must have registered the pool by November 1st, 2020. Adhere to the Sale of Land Amendment Act 2019 (Amendment Act) and should disclose all known material facts to potential purchasers as soon as they indicate that they are considering purchasing the property. They must also make continuing disclosure if further material facts become known until the property is sold. Be prepared to face questions from purchasers about non-disclosure issues, compliance status, corrective works and associated costs related to the registration and compliance of your pool or spa.

COMPLIANCE PROCESS

Registration of ownership is the first step of the process 

  1. Check to see Property has been registered with local council – Request a copy of registration from vendor. If unavailable, you can contact the local council to check if pool or spa has been registered. Registration document provides applicable standards for inspections and compliance certification. This will be required for purchaser to complete the pre-purchase barrier advice reports, compliance inspections and/or the certification process.
  • Has property had an inspection? Potential purchasers can request information regarding the existence of a certificate of pool and spa barrier compliance from the relevant council is sufficient to allow them to fully inform themselves regarding the status of a pool or spa.
  • Inspection process order (after step one of registration is complete) 
  • Non-Compliant: Inspection (fail)- Report supplied for corrective action, complete works per report-re-inspection- compliance certification- Provide local council with certificate. Certificate issued by Registered Pool Inspector to be provided to local council to complete registration process.
  • Compliant: Inspection (pass)- compliance certification- Provide local council with certificate. Certificate issued by Registered Pool Inspector to be provided to local council to complete registration process.
  • Registration must be in the name of current owners – purchasers to update council pool register at time of settlement
  • Inspections required – every four years
  • Inspection passed prior to settlement. – Request proof of Certificate issued by Pool Inspector

Pool Safe Compliance offer a cost effective, specialised pool inspection and compliance service to ensure your clients best interests are protected from any additional costs related to these rectification works/certification (purchasing). For property sales, we can provide detailed reports that will allow prospective purchasers and vendors peace of mind at time of sale.