House selling without a pool fence. Needed?

Discussion in 'Legal Issues' started by Barny, 27th May, 2017.

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  1. Barny

    Barny Well-Known Member

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    Wasn't sure were to post this. Negotiating on a house that has an above ground pool in Victoria, it doesn't have a fence and agent said I would need to get one.

    Most pool places are closed today so have called and tried googling, spoke to one fence builder and he said it's about 150 per metre which includes installation, to 350 metre for glass. And isn't sure about the rules regarding purchasing without one and legality.

    Doesn't the house by law have to already have a fence around the pool before sale?

    If a pool doesn't have any water in it at any time is a fence still required? Reason I ask this is if successful I would consider removing the pool altogether at a later stage, but don't won't to have to pay for a fence to be installed which will cost around 4-6k, then have to remove that too.

    Appreciate any guidance
     
  2. wylie

    wylie Moderator Staff Member

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    Crikey... I'd be draining it now rather than pay $4-6k to fence an above ground pool.
     
  3. Jess Peletier

    Jess Peletier Mortgage Broker & Finance Strategy, Aus Wide! Business Member

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    Make it a condition that the pool gets removed/drained or negotiate the cost to reflect that. Is the pool ugly?
     
  4. Barny

    Barny Well-Known Member

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    IMG_4835.PNG
    It's ok looking, it's probably not going to be used as it would only get a month or two of the year with weather warm enough to be suitable for use. I'm not sure if draining means no fence is required?
     
  5. The Y-man

    The Y-man Moderator Staff Member

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    It's above ground - no need to fill. Just drain and dismantle?

    The y-man
     
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  6. LifesGood

    LifesGood Well-Known Member

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  7. Scott No Mates

    Scott No Mates Well-Known Member

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    Reduce your offer by $10k to cover the requirements.

    Even an empty pool poses a risk, especially after rain.
     
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  8. Barny

    Barny Well-Known Member

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    IMG_6201.JPG

    Calculated 35 metres minimum of fencing required which is about 5-7k rough guessing,maybe more.
    Probably cheaper to just remove it and build a deck instead. Don't know.
     
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  9. Jess Peletier

    Jess Peletier Mortgage Broker & Finance Strategy, Aus Wide! Business Member

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    I'd get rid of it if you're not going to use it - ugly and so much work keeping the leaves out, especially in that area. It'll be the bane of your life.
     
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  10. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Victoria still has laws allow a property with non-compliant fence to be sold. Issue is the pool fails compliance and you become liable on acquisition. Fine $5000.

    I would be going back to agent and negotiating a price that reflects the cost saving by the vendor who IS in breach of Victorian law depending on the date the pool was constructed.
    A fence is required around anything (incl a inflated kiddie pool) that holds a water depth of 300mm+. Alternatively contract is for pool to be removed and site remediated prior to settlement.
     
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  11. Barny

    Barny Well-Known Member

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    Pool was constructed bout 7 years ago was told. you saying I will receive the 5000 fine on acquisition? Or I have time to remove or place a fence soon as to buy?
     
  12. The Y-man

    The Y-man Moderator Staff Member

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    Make it part of contract special condition "pool to be removed by settlement".

    The Y-man
     
  13. Barny

    Barny Well-Known Member

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    Working on that now.
     
  14. Perthguy

    Perthguy Well-Known Member

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    Pools are a lot of work to run and maintain. I have one at the property I am renovating and it is a PITA. My suggestion is to drain and remove. It's a lot of water though so just think about where it is going. You can do 1/4 each day for 4 days if it's not raining. You are right a pool won't get much use in Vic but you will be maintaining it all year round.
     
  15. Barny

    Barny Well-Known Member

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    Would you like to take a guess on worst case removal costs?
     
  16. Gockie

    Gockie Life is good ☺️ Premium Member

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    I think you might get someone to buy it off you on Gumtree.
     
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  17. Perthguy

    Perthguy Well-Known Member

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    No idea.

    The pool I have is concrete lined and I don't know how much to remove. Yours is a different beast. Maybe all you need to do is order a skip, demo the pool and fill the skip with the debris. If you don't DIY, then airtasker?

    Or as @Gockie suggested sell it in gumtree? If I won't sell, then the classic gumtree free: you remove.

    Out of interest:

    $950 in poor condition: Clark Rubber Above Ground Sterns Pool + Safety Barrier | Other Home & Garden | Gumtree Australia Brimbank Area - Kings Park | 1149081457

    $2,000 looks similar to yours SUNSOKA 2012 Above Ground Oval Pool Including Accessories | Pool | Gumtree Australia Casey Area - Cranbourne East | 1148481427

    $3,500 (dreaming!) 7.3 meter pool | Miscellaneous Goods | Gumtree Australia Ballarat City - Ballarat Central | 1149099573
     
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  18. The Y-man

    The Y-man Moderator Staff Member

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    Maybe sell the water in it too! :D

    The Y-man
     
  19. Barny

    Barny Well-Known Member

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    Legend, just got a quick quote after asking you. Bout 2k worst case removal, and can get 1k for it second hand. Or let gumnuts come and dismantle it for you and take it all. Cool. Cheers
     
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  20. andrew_t

    andrew_t Well-Known Member

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    Also not sure if this is the same in Vic but in NSW if you intend to put the house up for lease a valid swimming pool certificate is required and to obtain this it needs a fence.

    Changes landlords need to know about:
    If you rent out your property and it has a swimming pool or
    spa pool, a valid swimming pool certificate of compliance or
    an occupation certificate issued within the last three years
    must be provided to your tenants as part of the residential
    tenancy agreement.

    What is a swimming pool certificate of compliance?:
    A swimming pool certificate of compliance certifies that the
    pool and pool barrier meet the safety requirements.

    http://www.olg.nsw.gov.au/sites/default/files/Leasing a property with a pool - Fact Sheet.pdf

    If you are getting rid of it then the above is for reference only :)
     
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