Buying a Property with a Pool in Victoria: Pre-Purchase Due Diligence Checklist

Buying a Victorian property with a pool means inheriting both an asset and a regulatory obligation. The vendor is legally required to provide a current Form 23 Certificate of Pool and Spa Barrier Compliance — but the certificate alone tells only part of the story. Here’s the pre-purchase due-diligence checklist we recommend to buyers across Greater Geelong, Bellarine, Moorabool and Wyndham, and the questions that protect you from costly surprises after settlement.

What Victorian Law Requires of the Vendor

Under section 31 of the Building Act 1993 (Vic) and Regulation 610 of the Building Regulations 2018 (Vic), a vendor cannot legally sell a property with a pool or spa over 300 mm deep without a current Form 23 attached to the Section 32 vendor statement. This means as a buyer, you should never sign a contract on a pool property without:

• A current Form 23 in the Section 32
• Confirmation it was lodged with the local council (Greater Geelong, Wyndham, Moorabool, or wherever the property is)
• The inspector’s VBA licence number visible on the certificate

If the Form 23 is missing, contains a non-compliance notation, or was issued more than 12 months before the contract date, raise it with your conveyancer before signing.

The 8-Point Due Diligence Checklist

1. Verify the Form 23 is in the Section 32

Open the vendor statement. The Form 23 should be a clearly identifiable certificate, signed by a VBA-registered pool safety inspector, dated, and stamped/lodged with the relevant council. Note the certificate’s issue date — it must still be current at settlement.

2. Check the inspector’s VBA licence

The inspector’s VBA registration prefix is “IN-PS” followed by a number (e.g., IN-PS 100055). Verify the inspector is currently registered at vba.vic.gov.au via the Practitioner Search. If the inspector’s registration was suspended or expired before the certificate date, the certificate isn’t valid.

3. Confirm council lodgement

The Form 23 must be lodged with the local council within 30 days of issue. Most councils provide a “lodged” stamp or reference number. If the Section 32 includes a Form 23 dated 6 months ago but no lodgement evidence, the vendor may not have completed their statutory obligation.

4. Check the next renewal date

Form 23 certificates last 4 years from issue. Note the date — if the certificate is 3 years 9 months old at settlement, you’ll need to organise a renewal inspection within 3 months of moving in. Factor that $250 cost (and potential remediation) into your decision. More on the 4-year cycle.

5. Look for a non-conformance history

Most Section 32 statements include any prior Form 24 non-conformance reports issued for the property. If the property has multiple historical Form 24s, the barrier may have a recurring issue (NCZ from mature plantings, latch drift on clay soil) that you’ll continue to manage.

6. Inspect the pool zone yourself before settlement

A Form 23 is a snapshot in time. Things change. During your final inspection of the property before settlement, walk the pool zone with the certificate in hand:

• Has any landscaping changed since the inspection date?
• Has the gate self-close noticeably weakened?
• Is there any new vegetation in the NCZ?

If anything has changed materially, the certificate may no longer accurately describe the barrier. Negotiate this with your conveyancer.

7. Ask about pool age and pool history

Pools installed before 1991 (in Victoria) were built to less stringent barrier standards. Pools installed before 1986 weren’t subject to barrier requirements at all. If you’re buying a 1970s property where the pool is original-era, expect that future renewal inspections will likely require remediation for current AS 1926.1-2012 compliance — even if the current Form 23 passes a one-time inspection.

8. Get an independent pre-purchase inspection if anything looks off

If the certificate is recent but the barrier looks tired (rusted hardware, sagging gate, overgrown plantings), an independent pre-purchase pool inspection costs around $250 and tells you definitively whether you’ll pass renewal. Local Pool Inspections offers this across our Greater Geelong, Bellarine, Moorabool and Wyndham service area; quote the address and we’ll inspect within a few days.

Red Flags That Should Pause the Sale

• Form 23 missing entirely — vendor cannot legally complete the sale; either renegotiate or walk.
• Form 23 from a different property — has happened; the certificate must match the property’s address exactly.
• Inspector’s VBA registration not current at certificate date — certificate isn’t valid.
• Certificate issued before a substantial renovation — if the vendor did pool deck work, fence work, or landscaping after the Form 23 issue date, the certificate may no longer accurately describe the barrier.
• Pool registered as something else on council records (e.g., “spa” when it’s actually a pool of pool dimensions) — affects the certificate type and renewal cycle.