Selling a House with a Pool in Victoria: The Section 32 Timeline

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. Under section 31 of the Building Act 1993 (Vic) and Regulation 610 of the Building Regulations 2018 (Vic), you cannot legally complete the sale of a property with a pool or spa over 300 mm deep without a current Form 23 Certificate of Pool and Spa Barrier Compliance attached to the Section 32 vendor statement.

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 inc GST, 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 900 mm non-climbable zone, window/door access points, and hardware integrity. The on-site inspection takes 45–60 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 and lodges 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. 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 Form 24 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 900 mm 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). The Form 23 must be attached. If you don’t have one, you cannot legally sign a contract of sale. This is non-negotiable under section 31 of the Building Act 1993.

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; valid 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 Form 24 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

Under section 31, the offence of advertising or contracting to sell a property with a pool but without a current Form 23 carries penalties for vendors, agents, and conveyancers individually. Real estate agents acting in Victoria should refuse to list a property with a pool until the Form 23 is in hand. 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.