VIC - Selling the house with the unregistered and non-compliant pool

Discussion in 'Legal Issues' started by Tillie, 11th Mar, 2021.

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  1. Paul@PAS

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

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    This is incorrect. There are three categories of EXISTING pools / spas :
    Pool safety barriers which may impact the issue you raise however its not that simple. In each category the design and location of the fence is a consideration. Not whether there is one. A good example of this is a pool without a fence constructed in 1985 which may then have been exempt (eg on acreage). It now has a requirement that a compliant fence must have been installed and maintained.

    Furthermore if an alteration is made to a safety fence at any time it must then comply with the present, not past, Australian Standards for pool fencing. This can occur if any change occurs to the fence eg changing the panels from aluminium to glass or relocating any single part of it. It is also not a exempt development.

    The requirement to register the pool is a obligation and so is unavoidable and council would be aware then of the pool and past records are of no consequence. They can use use google maps to identify non-compliance.

    Pool fences save lives. Its not a matter to seek to avoid.
     
  2. JetstreamVic

    JetstreamVic Well-Known Member

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    Paul, I'll do you a deal. I wont be an accountant, if you wont be a pool barrier inspector.

    I responded to Tillie who was having an issue where they were told that they would need to bring there pool up to the current standards.

    This is not true, and like i said, if they have proof of the construction date, they can make application to the appeals board.

    The reason for this is some pools would simply not be able to comply without significant expense. For example, if you were to build a pool today, no part of the external of the house may be the pool barrier (Think those big fold out windows, that open up to a beautiful vista of the pool).

    You can't do that anymore.

    No one is saying to avoid pool barrier compliance (heck I'll derive an income from the industry), but people getting told wrong information (especially those trying to be compliant) really grates my gears.
     
  3. Joynz

    Joynz Well-Known Member

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    In Victoria, for pools of a certain age, a house wall can be the barrier. If there are windows or doors in that wall they need to have special safety components as specified in the VBA page you linked to (e.g. self closing etc).
     
  4. Paul@PAS

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

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    Snore. I had a pool and encountered fence issues. Stupid.
    Nobody needs to be an inspector. There is no such qualification. Seek qualified advice. Not generalisations. Australian standards now govern barrier walls. Not councils or state law. My pool was filled 3 weeks ago.
     
  5. JetstreamVic

    JetstreamVic Well-Known Member

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    Joynz likes this.