How to Buy a House With a Pool (and Stay Compliant)
Buying a Property With a Swimming Pool in Victoria? Here’s What You Need to Know
A swimming pool might seem like the perfect backyard luxury — especially in summer.
But in Victoria, buying a property with a pool or spa isn’t just about the fun. It comes with strict legal obligations, and if you don’t get it right, you could be liable for costly rectification works or council penalties after settlement.
At Victorian Property Settlements, we help buyers identify and manage pool-related risks before they commit. Here’s what every purchaser needs to know about pool registration, compliance certificates, and liability — especially under the current Victorian pool safety laws.
1. All Pools Must Be Registered With Council
Under Victorian law, any pool or spa capable of holding more than 30cm of water must be registered with the local council. This applies to:
In-ground and above-ground pools
Inflatable and portable pools (if deep enough)
Indoor pools and courtyard plunge pools
Spas — including those with lockable hardcovers
Holiday or rental properties with temporary pools
Example:
We recently reviewed a contract for a home in Langwarrin with a large inflatable pool. The vendor had drained it and stored it behind the garage. No registration was disclosed. Council later advised it should have been registered — even if not currently filled — due to its size and intended use.
Buyers must confirm whether the pool or spa has been registered before settlement — and whether that registration is current and recorded correctly.
2. The Vendor Must Provide a Valid Compliance Certificate
By law, the vendor must provide a Form 23 Pool Safety Barrier Compliance Certificate before settlement. This certificate:
Confirms that the barrier (fencing, gates, locks, etc.) complies with safety standards
Must be issued by a registered building surveyor or pool inspector
Must be less than 30 days old at the time it’s lodged with the council
Must be attached to the Section 32 Vendor Statement
Why this matters:
If the certificate is missing, expired, or non-compliant, the buyer has rights to delay settlement, request compensation, or refuse to release the deposit under certain conditions.
Example:
A buyer in Mornington discovered the pool certificate attached to the Section 32 had been issued 4 months prior — and was no longer valid. Because they’d already signed the contract, they had no condition allowing them to delay settlement. They paid $6,500 post-settlement to bring the fence up to code.
3. Who Is Responsible for Rectifying Issues?
If you settle the purchase without a valid compliance certificate, the burden shifts entirely to you as the new owner.
You’ll be required to:
Engage a qualified inspector
Complete any required repairs or upgrades
Apply for compliance
Pay all associated costs (which often exceed $2,000–$10,000 depending on the issue)
You may also face fines from council if an inspection reveals non-compliance, or if a child is injured due to a faulty barrier.
Our advice:
Never proceed to settlement without reviewing the pool compliance certificate, confirming its validity, and ensuring it’s for the current barrier as it exists today.
4. Look Beyond the Paperwork
Even if a Form 23 is provided, don’t assume the pool is safe or compliant.
Ask:
Has any part of the pool barrier been altered since certification?
Has the gate been replaced, adjusted, or propped open?
Has new decking, landscaping, or a shed changed access to the pool area?
Example:
A Seaford property was sold with a valid compliance certificate. But just before settlement, the vendor replaced the side gate and left it swinging both ways — no self-close latch. A pre-settlement inspection revealed the change, and our office issued a demand to fix the issue before release of funds.
If any changes are made after certification, a new inspection may be required. Otherwise, the certificate is no longer valid — and your protection is gone.
5. Special Considerations for Owners Corporations
If the pool or spa is shared (e.g. apartment blocks, townhouse developments, or gated communities), compliance is still required — but it falls to the Owners Corporation (OC) or body corporate to manage it.
As a purchaser, you should:
Request a copy of the current compliance certificate for the shared pool or spa
Ask whether the OC is responsible for ongoing inspections and renewals
Confirm if recent building works or insurance claims have affected the fencing or access points
We check this as part of every OC Certificate review.
Example:
In one case, a buyer in a Carrum Downs townhouse complex was unaware that the OC’s pool had failed inspection. The OC hadn’t disclosed the issue, but we discovered the failed Form 23 during contract review. This allowed the buyer to renegotiate the settlement timeline — and avoid liability.
Our Advice for Buyers
At Victorian Property Settlements, we take pool compliance seriously — because once settlement takes place, it’s your legal responsibility.
We will:
✅ Review the Section 32 for pool registration and compliance certificates
✅ Check for expired, missing, or non-compliant documentation
✅ Ask the right questions about physical changes to the fencing or gates
✅ Include protective clauses to delay or prevent settlement if the vendor hasn’t complied
✅ Assist with urgent pool inspections where risk is unclear
If there’s a pool on the property — we’ll make sure it’s properly disclosed, properly inspected, and properly protected.
Buying a Property With a Pool? Don’t Dive in Blind.
Pools are a major liability when the paperwork isn’t in order.
Don’t wait until after you sign to find out there’s no valid certificate — or worse, that you’re responsible for costly rectification.
Click here to request a contract review before you sign
Victorian Property Settlements
Trusted by Victorian buyers and sellers for over 25 years
www.victorianpropertysettlements.com.au