Ensuring the swimming pool and spa is certified

If you are looking to buy or sell a house with a swimming pool or spa, it is important to ensure the pool is registered with the local council and that safety barriers have been inspected and certified as compliant.

In December 2019 the Government amended the Building Regulations to introduce new requirements to improve the safety of private swimming pools and spas. The regulations include requirements for owners to register their swimming pools and spas with their local council.

The registration deadline was 1 November 2020 and any owners who have not yet registered their pool or spa are encouraged to make an application to council as soon as possible. Failure to register may attract a council infringement notice of up to $363.

The Victorian government has recently extended the deadline for owners to lodge certificates of pool and spa barrier compliance with their local council, in recognition of the limited opportunity for building inspectors to visit homes during the pandemic.

The first certificate lodgement has been extended to 1 June 2022, with subsequent lodgement deadlines also moved back to June 2023 and June 2024 respectively.

This extension acknowledges the extra pressure that coronavirus is placing on families, as well as the challenge of finding building practitioners to inspect and certify safety barriers and fix any identified non-compliance.

Owners must also have a registered building surveyor or inspector certify the continuing compliance of their safety barrier every four years.

Drowning is the most common cause of preventable death for young children and in Victoria most fatal drownings of young children occur in backyard swimming pools.

If you are considering buying or selling your home, our expert team of conveyancers will help guide you through the process and get everything right!

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This is general information only. Please contact the team at Tonkin Legal for expert legal advice that takes your unique personal situation into account prior to making any decisions based on this article.

Shelley Martin

Shelley Martin

Author

Shelley is a member of the Conveyancing Team.