Pool doesn't have a fence in VIC and my settlement is in March

Hi there
I have a bought a house in Melbourne that has a pool.
The settlement date is in March next year.
The pool doesn’t have a fence and so it does not meet the compliance.
There is a compliance deadline of November 1.
As the deadline for installing the fence is November, if it isn't installed who would be penalized ?
The current owners or I would have to pay the fine subsequently ?
Any thoughts ?

 

It may be too late but I'd have wanted that fixed as part of the sales contract.

Think you should be fine, as settlement occurs after but that's a question for someone who does this for a living.

 

Not sure if this helps but-
We bought a house with a spa. When getting the building and pest we were told it had to have a pool fence. The owners got a quote and agreed to take the cost off the price. We were unsure whether we wanted to get glass which would be more expensive. We signed a waiver saying we agreed to buy without the fence. We had a time to get it done (can't remember how long).
then we just had the fence installed, got it inspected then notified council.
Qld

 

Has it actually been registered with council under the new legislation? Has it been assessed?

There are different requirements according to the installation date of the pool. In older pools, for example, the external house wall may comprise the barrier.

 

Its a deceased estate
Not sure how much documentations, the descendants would be having
I have asked my Lawyer and the Property agent for help

 

The new Victorian legislation required all pools and spas to be registered with Council by a certain date. Then there is a certain amount of time to get a compliance certificate.

If it’s been registered, Council will have a record.

The first step is to contact Council and see if it has been registered.

 

That's a long settlement period......

Going to council and asking may raise a flag, council may then inspect in November and serve the current owner (trustee/executor) with notice to rectify, maybe this will happen prior to March (but unlikely).

After purchase the council should give you time to rectify also

 

The current owner is always liable. There is no law that obliges a vendor to sell legally compliant property and people knowingly or unknowlingly buy unapproved structures all the time. The law only requires a vendor provide a copy of te registration and if they dont what happens ? Nothing. The buyer buys it and its still non-compliant. The vendor wont be installing a fence for your use andits not a element of the contract to do so.....LOL. YOU know its a defect and its a cost of acquisition to make it compliant for registration.

Pool laws are insane. IMO all states should mandate one uniform law that requires a complete Australian Standards surrounding fence for every pool or a key lockable cover for a spa.

NSW has had a registration basis for pools and its damned useless. The state govt passes these laws so it says it has done something. Council says its busy and doesnt have resources. Ambulances arrive and take kids to the morgue and hospital and its tragic news. And then it happens again. And deaths havent reduced in 20 years......Its a broken system.