Selling a property with a pool in Victoria has one extra step compared to a non-pool listing — and getting it wrong is the #1 cause of settlement delays we see at Local Pool Inspections. A current Form 23 Certificate of Pool and Spa Barrier Compliance is not a statutory precondition to settlement, but the registration and four-yearly certificate obligations for a pool or spa over 300 mm deep sit with whoever owns the land under Part 9A of the Building Regulations 2018 (Vic), and most agents and buyers’ conveyancers now ask for a current Form 23 before contracts exchange.
This is the timeline we wish every Greater Geelong, Bellarine, Moorabool and Wyndham vendor knew before they listed.
The 6-Step Timeline (Work Backwards From Settlement Date)
Step 1: 6 weeks before listing — Book your Form 23 inspection
The single biggest mistake vendors make is leaving the pool safety inspection until the buyer’s conveyancer asks for it. By that point, you’re already in the contract and any non-conformance becomes a settlement risk. Book the inspection before your photographer arrives. If the barrier needs work, you have time to fix it without compressing your sale timeline.
For Local Pool Inspections, same-day Form 23 is available across Greater Geelong on most weekdays. Flat $250, free re-inspection if remediation is required.
Step 2: Inspection day — what happens
The inspector walks the entire pool barrier system against the eight checkpoints of AS 1926.1-2012 — the Australian Standard for residential swimming-pool and spa-pool safety barriers. The eight categories are barrier height (1200 mm minimum), gap under barrier (100 mm maximum), vertical rail spacing (100 mm maximum), gate self-close, latch height (1500 mm minimum), the non-climbable zone on the outside of the barrier (900 mm under the 2007 and 2012 editions, 1200 mm under the 1993 edition; your council confirms which applies), window/door access points, and hardware integrity. The on-site inspection takes about 30 minutes for most Victorian properties.
Step 3: Pass — Form 23 issued + lodged within 30 days
If the barrier passes, the inspector signs the Form 23 on-site the same day; you then lodge it electronically with your local council (City of Greater Geelong, Wyndham City, Moorabool Shire, etc.) within the statutory 30-day window. The council adds it to the Pool and Spa Register. For the Geelong lodgement fees and registration rules specifically, see our Greater Geelong barrier compliance guide. You get the council-stamped copy by email — usually 3–5 business days after lodgement. Keep this copy; your conveyancer needs it.
Step 4: Fail — non-conformance report + remediation
If the barrier doesn’t pass, the inspector issues a Non-Conformance Report listing every issue with photos and remediation steps. Most Geelong-area fails are gate hardware (worn springs, loose latches), NCZ breaches (vegetation grown into the non-climbable zone), or fence height drift on sloped sites. Typical remediation is 1–2 weeks: spring replacement, planting trim, or hardware refresh. Once fixed, the re-inspection is included in our $250 fee — no second invoice.
Step 5: Section 32 preparation — attach the Form 23
Your conveyancer or solicitor builds the Section 32 Vendor Statement (the disclosure document buyers receive before signing). Attach the Form 23 if you have it. Strictly, a Form 23 is not a legal precondition to signing a contract of sale, but most agents and buyers’ conveyancers now ask for a current one before contracts exchange, and an outstanding council deadline is exactly what a purchaser’s solicitor will raise.
Step 6: Settlement — buyer’s solicitor verifies
The buyer’s solicitor or conveyancer confirms the Form 23 is current and lodged with council. If anything is missing or expired, settlement stalls until corrected. This is where the “selling on a 30-day timeline” deals come unstuck — there’s no time to get a fresh inspection and remediation done.
Form 23 Validity Windows Vendors Need to Know
- Sale — the Form 23 must have been issued after the contract of sale is signed, OR be one issued specifically for the sale process. Some vendors are caught out by relying on a 4-year-cycle Form 23 that’s now stale.
- 4-year cycle — for the standing certificate (not specifically issued for sale), pool barriers must be re-inspected every 4 years. More on the 4-year inspection requirement.
- Lease / rental — separate Form 23 required before tenants take possession; re-inspect every 4 years.
Common Vendor Mistakes (and How to Avoid Them)
Mistake 1: Relying on the previous owner’s Form 23
Form 23 is property-specific, but the conveyancer needs a current one — not the certificate from 5 years ago when the previous owner sold to you. If your existing certificate is more than 12 months old, get a fresh one before listing.
Mistake 2: Believing “the pool’s never been used so it doesn’t need inspecting”
The compliance requirement is triggered by the pool’s existence, not its use. A drained, abandoned pool over 300 mm deep still requires a Form 23 to sell. The only way out is a Form 33 — Application to Decommission a Pool — and that’s a different (and more involved) process.
Mistake 3: DIY remediation between inspection bookings
If you fail first inspection, the re-inspection is included in our $250 fee — but only when we re-attend. Some vendors try to “fix it themselves” between inspectors and call a different one for the re-inspection. The Non-Conformance Report issued by the original inspector is the document the new one must address; cross-inspector re-inspections add cost and risk.
Mistake 4: Listing during peak summer with no Form 23 booked
October–March is peak Victorian listing season. Pool safety inspectors get fully booked. We hold same-day slots open across Greater Geelong, but if you’re 7 days out from settlement and just discovered you need an inspection, your options narrow fast. Build the inspection into your pre-listing plan.
Real Estate Agents and Conveyancers — Your Obligations
There is no specific offence for listing a property without a Form 23. The exposure is practical: a buyer who inherits an unmet council deadline, a settlement that stalls while an inspection is arranged, and a vendor who discovers a fail with no time to fix it. Agents and conveyancers acting in Victoria increasingly ask for a current Form 23 before a listing goes live, which is why we tell vendors to book six weeks out. Detailed guide for real estate agents on Victorian pool safety regulations.
What If the Pool Has Been Removed or Filled?
Council retains the pool on its Pool and Spa Register until you formally apply to remove it via Form 33. Until that’s processed, the property still legally has a registered pool — and you still need a Form 23 to sell it. If you’ve filled in your pool, contact your council before listing to start the deregistration process. Most councils take 4–8 weeks.
Booking the Inspection
Local Pool Inspections is Victorian Building Authority registered (licence IN-PS 100055) and services Greater Geelong, the Bellarine Peninsula, Moorabool Shire, and the City of Wyndham. Two physical bases — Clifton Springs and Maddingley — let us cover both sides of the corridor with no travel surcharge. Same-day Form 23 on most weekdays.
Pool safety services we provide
For a full rundown of the inspection itself, see our pool inspection for property sale service.
Selling a Victorian property with a pool? Book your Form 23 before you list — $250 all-inclusive
Same-day Form 23 across Greater Geelong, Bellarine, Moorabool and Wyndham. Flat $250. Free re-inspection if your barrier needs remediation. No travel fee, no callout, no GST surprise.
Call 0402 860 499 or book online.
Frequently Asked Questions
Does the Section 32 Vendor's Statement need to include pool compliance information?
Not as a strict legal requirement. The Form 23 doesn't have to be listed in the Section 32 statement itself, which your conveyancer prepares. In practice, though, most agents now ask vendors for an up-to-date Form 23 Certificate of Barrier Compliance before settlement. So it pays to book the inspection early and have it ready when the agent asks.
How far in advance should I book a pool inspection before listing my home?
Aim for at least two to three weeks ahead of your listing date. The inspection itself usually takes about 30 minutes on site, and on a pass the Form 23 is issued the same day. But if anything needs fixing, you'll want room to remedy it and book a re-inspection before the Form 23 is issued; you then lodge it with council inside the 30-day window.
What happens at settlement if my pool does not have a compliance certificate?
Settlement can stall or fall over if there's no compliant Form 23 in place. The certificate has to reach your local council within 30 days of issue. A failed inspection won't trigger a Form 24 (council fine) in most cases, but an unresolved non-compliance at settlement leaves the vendor carrying a legal risk. Get it sorted before contracts exchange.
I have 60 days to get a pool compliance certificate but I'm selling the house. What happens?
If you have 60 days to fix a failed pool barrier and you sell the house inside that window, the obligation passes to the property — the new owner inherits the same due date, so disclose the non-compliance in the Section 32. In Victoria the barrier compliance obligation transfers with the title, so a council deadline you haven't met passes to the buyer at settlement, and buyers' conveyancers look for it. Book the inspection now: on a pass the Form 23 is issued the same day and you lodge it with your council within 30 days. The council's 60-day window is usually enough for a fail too: you get a Non-Conformance Report, you fix the items, and the re-inspection is free. Tell your conveyancer either way, and confirm the timing with your council.
Can you sell a house without a pool safety certificate in Victoria?
You can list and exchange, but settlement is where it bites: most buyers, conveyancers and agents now require a current Form 23 before settlement, and an unresolved non-compliance leaves the vendor carrying the risk. Book the inspection before you list so the certificate is ready when the agent asks.
Can I sell my house with a non-compliant pool?
Yes, but the non-compliance has to be dealt with, not hidden. A failed inspection produces a non-conformance report listing what to fix; you remediate, book the free re-inspection, and the Form 23 issues on the pass. If you sell before that, the buyer’s conveyancer will usually negotiate the fix or an adjustment, and your council can still require the barrier to be brought into compliance. The clean path is to fix it before contracts are signed.