Pool safety is a crucial concern—not only for the well-being of swimmers but also for buyers and sellers of real estate in South Australia.
This article explains the importance of having a valid swimming pool certificate of compliance when selling your home. Failing to secure this certification can lead to substantial fines, costly remediation, and delays in your property settlement. Ensuring compliance with pool safety regulations protects all parties involved in the transaction and upholds South Australia’s stringent safety standards.
When selling a house with a swimming pool or spa, meticulous attention to detail is essential. South Australian regulations require that swimming pools and spa pools meet specific safety standards, including appropriate safety barriers and fencing to restrict access, especially for young children. Private backyard swimming pools, inflatable pools, and above-ground pools all fall under these regulatory requirements.
Non-compliance with pool safety regulations can have significant legal and financial repercussions. For instance, the lack of a valid swimming pool compliance certificate can stall your settlement process, leading to unexpected delays and expenses. Pool owners must ensure that their pools meet the current safety requirements set by local councils and the Infrastructure Act. This includes verifying compliance with safety barriers, upgrading fencing, and maintaining designated safety features to prevent accidental drowning.
At Eckermanns, our conveyancing team is dedicated to supporting you through every step of the property transaction process. We can help you verify compliance, manage legal obligations, and ensure that all safety regulations are met to facilitate a smooth and stress-free settlement. By partnering with experienced conveyancers, you can avoid potential pitfalls and ensure that your property transaction proceeds without a hitch.
- Understanding pool safety certification in South Australia
- What must vendors do before settlement?
- Can you sell a house without a pool safety certificate?
- What happens if the certificate is not a ‘proper’ certificate?
- How to protect your settlement with pool safety certification
Understanding pool safety certification in South Australia
If you are selling a house with a swimming pool or spa on your property, you have a legal obligation to ensure it meets safety standards upon the sale of the property.
At the time of settlement, a swimming pool certificate of compliance could be all that stands between the vendor (the seller of the house) and a fine of up to $15,000. Ensuring swimming pool safety certification is not just about avoiding fines; it’s about safeguarding lives and complying with South Australia’s stringent pool safety regulations.
South Australia has enforced regulations regarding pool fence compliance since January 1, 2014. These standards apply to pools and spas that use filters, re-use the same water for multiple sessions, are covered, and can have heaters. They are mandatory for any such pool or spa purchased or installed after January 1, 2014, or whenever a house with a pool or spa is sold.
When a property sale includes a swimming pool, the following pieces of legislation are automatically applicable:
- Development Act 1993 – Section 71AA
- Development Regulations 2008 – Regulation 76D
- Minister’s Specification – SA 76D
- Building Code of Australia
- Australian Standard (AS) 1926
These laws and regulations ensure that all swimming pools and spa pools in South Australia meet current safety standards. This includes having appropriate safety barriers, pool fences, and other safety features designed to restrict access, especially for young children.
Compliance with these regulations is crucial for avoiding legal and financial repercussions. A valid certificate for swimming pool safety verifies that your pool or spa meets all necessary safety requirements, protecting both the buyer and the seller during the property transaction.
What must vendors do before settlement?
Before or at property settlement, all pools of any age must comply with the latest standards relating to all of the following:
- fences
- barriers
- water recirculation systems
- secondary outlets from a swimming pool
- warning notices
Failure to comply can land vendors in hot water, resulting in fines of up to $15,000. On top of that, failure to comply may give buyers the ability to delay settlement. It also creates exposure to costs incurred by sellers to rectify the issues.
Can you sell a house without a pool safety certificate?
Under South Australian law, vendors are obligated to ensure that current safety requirements are met. While vendors are not required by law to have a certificate of compliance, it is the best way to demonstrate compliance. Selling a house with a pool without a certificate can also put the settlement at risk.
What happens if the certificate is not a ‘proper’ certificate?
An unsound swimming pool certificate of compliance can put the settlement at risk.
This situation may arise when there is an inexperienced certifier signing off on a pool that did not meet requirements.
While there is no excuse for a certifier to erroneously pass an unsafe pool, it is the case that regulations around pool safety compliance are confusing. Eckermanns Conveyancers are available to help you navigate the requirements without the confusion.
How to protect your settlement with pool safety certification
Following meetings with Attorney General John Rau, the Real Estate Institute of South Australia was advised that only Private Certifiers who possess the appropriate qualifications, experience and professional indemnity insurance to perform safety certification should be trusted with this task.
Private Certifiers are accredited by the Australian Institute of Building Surveyors and must possess a minimum of 8 years’ experience before they can become registered.
Some certifiers will have a condition C against their accreditation, which means they are not eligible for this task.
We work closely with our clients and real estate agents to make sure this message is shared but in the meantime, you might like to use this government list to choose a certifier ahead of your property listing: Private Certifiers in South Australia.
Having a close relationship with your conveyancer can pay dividends. At Eckermanns, we have protocols in place to proactively make clients aware of these regulations ahead of time.
