Current Owner in violation of swimming Pool fencing laws

Discussion in 'The Buying & Selling Process' started by James Baker, 22nd Aug, 2021.

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  1. James Baker

    James Baker Well-Known Member

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    Hi there
    My colleague has bought a property which has a swimming pool
    There is no fence on the Pool which is in violations of the current VIC laws
    As the settlement is 90 days away, is the current owner responsible to rectify the same and erect a fence before handing over ?
    He doesn't want to be in a situation wherein he is slapped a penalty by the council for the existing violation once he takes over the property
    Cheers
     
    James Baker, 22nd Aug, 2021
    #1
  2. Trainee

    Trainee Well-Known Member

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    What did your friend’s solicitor say when they asked about this, before they signed the contract?
     
    Trainee, 22nd Aug, 2021
    #2
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  3. Joynz

    Joynz Well-Known Member

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    Has the pool been registered with Council yet (was supposed to be done before the end of 2020)?

    Once the pool’s been registered with Council, you have to arrange an inspection to ensure the safety barrier around the pool meets the required standard.

    When was the pool built?

    There are different requirements for compliance depending on build date. E.g. pre April 1991, from 1991 to 2010 and from April 2010 all have different requirements.

    I would check what’s been done with Council first - they’ll have a record if it’s registered.
     
    Joynz, 22nd Aug, 2021
    #3
  4. wylie

    wylie Moderator Staff Member

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    I thought each contract had boxes to tick about whether the pool is compliant?

    I'd assume he's buying the house and pool "as is" and will have to make it compliant himself. He is asking about this now, but the time to ask about it was before he signed the contract.
     
    wylie, 22nd Aug, 2021
    #4
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  5. James Baker

    James Baker Well-Known Member

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    He bought it in an auction at the last minute
    There is no box in the contract for the swimming pool
    Is there any remedy available to him or he has to get it remedied at his own cost ?
    Cheers
     
    James Baker, 22nd Aug, 2021
    #5
  6. Joynz

    Joynz Well-Known Member

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    No.
     
    Joynz, 22nd Aug, 2021
    #6