Can you sell a house without a pool safety certificate in Victoria?

When selling a property, vendors are not obligated (under Section 32 of the Sale of Land Act 1962 (Vic)) to disclose whether the pool is compliant with regulations. This leaves potential buyers at risk of purchasing a property with a non-compliant pool or spa. As a result, after the sale, buyers may be faced with the unexpected costs of arranging a pool inspection and making necessary repairs to bring the pool into compliance.

As a conscientious seller, it's a great idea to guarantee that your pool meets safety standards, is up-to-date, and adheres to local regulations. This is where prioritising a comprehensive pool inspection and certification before listing your home becomes important. In Victoria, not only is a compliance certificate for your pool legally required, but it can also enhance your property's value, shield you from liability concerns, and potentially save the future owner on maintenance expenses and a shock if they have surprise additional costs to get the barrier up to scratch. Whether you're a novice in the world of real estate sales or a seasoned pro, continue reading to discover why a pool inspection and certification are a must when selling your home.

Before selling a property with a pool or spa, a vendor should inform their lawyer or conveyancer about the compliance status of the pool or spa, along with any supporting documents (e.g., certificates or council notices). This will provide peace of mind to potential buyers and help prevent them from attempting to cancel the contract due to not being properly informed about the pool or spa's compliance status.

If the pool or spa does not meet regulations, the vendor should either address the issues or immediately consult their lawyer to have a special condition included in the contract of sale. This condition should clearly outline which party is responsible for bringing the pool or spa into compliance with the relevant laws and covering the costs associated with obtaining the compliance certificate.

If you are purchasing or selling a home with a pool or spa - call Jimmy if you have questions.