Deep in winter is the time of year when swimming pools are easily ignored but if you are buying or selling a property with one, there are some dangers beneath the surface that you need to be aware of.
Although the legislation about pools and, in particular, pool fencing and safety features, it can be murky when you get down to the details.
So here are the broad considerations for vendors, purchasers and agents to consider.
Next week, I wade in a little deeper.

Are conveyancers the new life guards?

I often reference the complexities involved in conveyancing and the reasons why building a solid relationship with your conveyancer will pay dividends in the long run, and this topic of swimming pools makes my point for me.
The simple inclusion of a swimming pool in a property sale automatically invokes these pieces of legislation:

  • Development Act 1993 – Section 71AA
  • Development Regulations 2008 – Regulation 76D
  • Minister’s Specification – SA 76D
  • Building Code of Australia
  • Australian Standard (AS) 1926

In fact, we have even put together some information sheets for real estate agents on the issue; I suppose you could call them life buoys, to make sure nobody is acting out of their depth.
For example, even though these Acts lay out what is required, there are still a number of ways property owners can respond to their responsibilies.
For real estate agents trying to guide their clients safely to settlement, some of the positions vendors take can be quite unsettling.

What must be achieved by settlement – the ‘quick dip’ version

In my next article, I will cover these common positions but I’ll finish this one with the outcomes that must be achieved by settlement.
Firstly, it is fair to say that some sellers will be confused by the changes to legislation that have brought new standards in for pools bought or installed after January 1, 2014.
For home owners with existing pools, they will not have to comply with the new standards UNLESS they decide to sell their property.
And, to be clear, these changes to legislation relate to swimming pools and spa pools (those with filters, water used for a number of sessions, covers and sometimes heaters) as opposed to spa baths (those typically in bathrooms with hot and cold water taps where water is emptied after each use). Of course, there is more detail in the various Acts but these cover the main points.
The ‘quick dip’ summary of the law is this: before or at settlement, all pools of any age MUST comply with the LATEST standards relating to:

  • 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, ability for buyers to delay settlement, and exposure to costs incurred by sellers in rectifying the issues.
In my next article, I will look at the various ways vendors respond to their responsibilities and the likely  repercussions of each.