What Are the Rules About Selling or Buying a House With a Swimming Pool?

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When buying or selling a house with a swimming pool in Victoria, strict legal obligations apply under the Building Act 1993 (Vic) and Building Regulations 2018 (Vic). These ensure that pools and spas are registered, safe, and compliant before ownership changes hands.

As both a licensed conveyancer and a qualified pool barrier inspector in Victoria and Queensland, I’ve seen firsthand how overlooked obligations can delay settlements or expose buyers to unexpected costs.

🏡 For Sellers – Your Legal Responsibilities

If you're selling a property with a pool or spa, here’s what you must do before settlement:

✅ 1. Register the Pool or Spa

  • All permanent pools and spas deeper than 30cm must be registered with your local council.

  • Includes in-ground, above-ground, inflatable (if retained with a barrier), and outdoor spas.

✅ 2. Install and Maintain a Compliant Safety Barrier

  • Barriers must comply with the standard applicable at time of construction.

  • Includes fences, self-closing gates, and restricted access.

✅ 3. Obtain a Certificate of Barrier Compliance

  • Must be issued by a registered building surveyor or inspector.

  • Valid for 4 years; must be lodged with council before sale.

✅ 4. Disclose in the Section 32 Statement

  • The Vendor’s Statement must include:

    • Pool/spa registration details.

    • Current Certificate of Barrier Compliance.

    • Any outstanding enforcement or rectification notices.

Failure to provide this information can entitle the purchaser to rescind the contract.

🕵️ For Buyers – What to Check

Before signing a contract or settling on a property with a pool or spa, ensure:

⚠️ The pool is registered and has a current certificate.

⚠️ The safety barrier is complete and functional.

⚠️ There are no outstanding council notices or safety breaches.

After settlement, you become responsible for:

  • Maintaining the pool barrier.

  • Organising re-inspections every 4 years.

  • Lodging new compliance certificates.

Buying a home with a non-compliant pool could cost you thousands and expose you to council fines.

👨‍⚖️ Contract Advice for Buyers and Sellers

Under General Condition 9 of the REIV contract, properties must comply with relevant laws at settlement. That includes pool registration and barrier safety.

In private sales, a buyer should insist on including a special condition requiring a compliant pool at settlement. In auctions, the buyer accepts the risk unless disclosed otherwise.

🎯 Final Word

“As both a licensed conveyancer and a qualified pool barrier inspector in Victoria and Queensland, I always advise buyers to ensure the pool is registered and compliant before signing a contract. For sellers, the key is to get your certificate sorted early — don’t leave it until the last minute. Councils can take weeks to process certificates.”
– David Dawn, Victorian Property Settlements

💼 Need Advice?

If you're buying or selling a home with a pool in Victoria, we can help you meet your legal obligations and avoid costly delays.

📞 Call (03) 9783 0111
🌐 Visit www.victorianpropertysettlements.com.au
Trusted for over 25 years by Victorian buyers and sellers.