In Victoria, selling a property with a swimming pool or spa without a valid certificate of compliance is a statutory offence under the Building Act 1993. (For the vendor’s-eye view of the whole process, see our guide to a pool inspection for a property sale.) Real estate agents, conveyancers, and vendors all carry obligations. This article sets out the specific requirements.
The Legal Requirement: Certificate of Compliance Required Before Settlement
Under Section 31 of the Building Act 1993 (Vic) and Regulation 610 of the Building Regulations 2018 (Vic), a vendor must not advertise, sell, or enter into a contract for the sale of a property containing a swimming pool or spa (depth > 300mm) without a valid Certificate of Pool and Spa Compliance (Form 23) or a valid Certificate of Pool and Spa Non-Compliance (Form 23) accompanied by a current building order.
The certificate must be no older than 120 days at the date of the contract.
What Triggers the Requirement
The compliance requirement applies to all properties with:
- Any swimming pool capable of holding water to a depth of 300mm or more
- Any spa pool capable of holding water to a depth of 300mm or more
- Pools associated with tourist and recreational developments (including accommodation)
This includes both in-ground and above-ground pools, indoor pools, and relocatable pools (if capable of holding 300mm+ of water).
The Four Compliance Pathways
1. Certificate of Pool and Spa Compliance (Form 23)
A registered building practitioner (a pool safety inspector) inspects the pool fence and surrounding barriers against AS 1926.1–2012 and AS 1926.2–1995. If all barrier requirements are met, a Form 23 is issued. This certificate is issued on the day of a passing inspection and certifies the barrier was compliant on that date; Victoria requires re-inspection every 4 years, and it must be lodged with council within 30 days of issue.
2. Non-Conformance Report (and, in limited cases, Form 24)
If the inspector finds non-compliance, they issue a Non-Conformance Report listing the specific defects, and the vendor gets time to fix them and book a free re-inspection. Form 24 — the Certificate of Pool and Spa Non-Compliance — is a separate, council-lodged document reserved for limited escalation circumstances, not the standard outcome of a failed inspection. Where a Form 24 does apply, the vendor must obtain a building order from the relevant municipal building surveyor and complete the required works before settlement; the Form 24 is not a permanent solution — it must be accompanied by an active building order and the works must be completed.
3. Existing Exemption
If the pool was constructed before 1 July 1994 and has not been substantially altered since, it may be subject to the transitional provisions under the Building (Swimming Pool and Spa) Regulations 2019. However, barriers must still meet minimum safety standards. An inspection is still required to confirm the exemption applies.
4. Pending Building Permit
If a building permit has been granted and construction is substantially complete but not yet finalised, a temporary certificate may be available. This is assessed on a case-by-case basis by the relevant building surveyor.
Key Standards: What Inspectors Check
The compliance inspection against AS 1926.1–2012 and AS 1926.2–1995 covers:
- Pool barrier height: Minimum 1.2m from finished ground level on the outside of the barrier
- Gap tolerances: No opening greater than 100mm in the barrier that allows a 100mm sphere to pass through
- Non-climbable zone (NCZ): the zone on the OUTSIDE (non-pool) side of the barrier, swept as an arc from the top of the fence (900 mm for pools built from May 2010; 1200 mm for pools built 1994–2010), kept clear of climbable objects
- Boundary fences as pool barriers: Must be at least 1.8m on the pool side, with 900mm NCZ on the non-pool side
- Gates: Must be self-closing from any open position, self-latching, and opening away from the pool area. Gate hinges must not provide a climbable foothold near the latch
- Spa pool lids: If a spa has a lockable lid, the lid can satisfy the barrier requirement when locked shut. The lid must be capable of resisting a 20kg child climbing onto it
- Windows: Windows that open into the pool area must have a restrictor to 100mm maximum opening, or be fixed with no opening
Who Can Inspect and Issue the Certificate
Only a registered building practitioner with a pool safety inspector registration issued by the Building and Plumbing Commission (formerly the VBA) can conduct the inspection and issue Form 23, or a Non-Conformance Report if the barrier fails (with Form 24 reserved for limited escalation circumstances). The BPC maintains a public register of pool safety inspectors on its website.
Inspection fees in the Geelong and Greater Melbourne market typically range from $250–$550 depending on pool size, access complexity, and urgency. Turnaround time is typically 5–15 business days.
Offences and Penalties
- Advertising or selling without a certificate: up to $3,700 for an individual (as at 2024 scales under the Building Act 1993)
- Entering a contract without a certificate: contract is voidable at the purchaser’s option
- Proceeding to settlement without a certificate: the purchaser may withhold settlement funds until compliance is demonstrated
- Failure to comply with a building order: further penalties and potential enforcement action by the municipal building surveyor
Obligations of Real Estate Agents
Real estate agents acting for the vendor must:
- Request sight of a valid Form 23 (or, in the rare case a Form 24 escalation applies, evidence of the associated building order) before listing a property with a pool or spa
- Ensure any advertising copy does not imply the property is ready for settlement unless a certificate is in hand
- Advise vendors of their statutory obligations under Sections 31 and 32 of the Building Act 1993
- Not proceed to exchange contracts without receiving a copy of the certificate or confirmation of a pending inspection
Failure to carry out these obligations may expose the agent to professional conduct findings by the BPC or the Consumer Affairs Victoria estate agent licensing regime.
Inspection and Certificate Timeline
The following timeline is recommended for a standard sale:
- Listing agreed: Book pool inspection immediately. Do not wait for contract to be drafted.
- Inspection booked: Typically 5–15 business days lead time
- Inspection completed: Inspector issues Form 23 (compliant) or a Non-Conformance Report (non-compliant) within 5 business days
- Form 23 issued: certified as compliant on the inspection date, with re-inspection every 4 years, and must be lodged with council within 30 days of issue.
- Non-Conformance Report issued: Vendor completes the listed repairs and obtains a free re-inspection before settlement; a Form 24 only enters the picture in limited escalation circumstances, and if it does, a building order also applies.
- Pre-settlement: Solicitor/conveyancer confirms certificate is on file and current before keys are released
Key Regulatory References
- Building Act 1993 (Vic) — Sections 31, 32, 110
- Building Regulations 2018 (Vic) — Regulation 610, Schedule 8
- Building (Swimming Pool and Spa) Regulations 2019 (Vic)
- AS 1926.1–2012 — Swimming pool safety, Part 1: Barriers for residential pools
- AS 1926.2–1995 — Swimming pool safety, Part 2: Location of barriers for private pools
- Form 23 — Certificate of Pool and Spa Compliance (VBA)
- Form 24 — Certificate of Pool and Spa Non-Compliance (VBA)
- Building and Plumbing Commission (BPC) — pool safety inspector register: www.vba.vic.gov.au
Frequently Asked Questions
Can a property settle without a pool compliance certificate?
No. Settlement without a valid Form 23 or a Form 24 with an active building order is a breach of the Building Act 1993. The purchaser has the legal right to withhold settlement until compliance is demonstrated.
How long is a pool compliance certificate valid for?
For a property being sold: 120 days from the date of issue. For ongoing occupancy between sales: 4 years from the date of issue. The 4-year cycle applies to all private residential pools regardless of whether the property is sold.
Who pays for the pool inspection?
The vendor. The cost of obtaining a Form 23 or rectifying defects identified on Form 24 is a vendor cost. It cannot be passed to the purchaser through the contract of sale.
Does a portable spa pool need a compliance certificate?
Yes. Any structure capable of holding water to a depth of 300mm or more is classified as a spa pool and requires compliance documentation. Spa pools with lockable lids that can support the weight of a child (20kg+) may satisfy the barrier requirement through the lid alone, but this must be confirmed by a registered pool safety inspector.
Pool safety services we provide
Related Reading
- Form 23 Certificate Victoria: Everything You Need to Know
- Pool Compliance Certificate Victoria 2026 Guide
- Same-Day Pool Safety Certificates
- Victorian Pool Safety Regulations 2026: Buyer’s Guide
- How to Pass Your Pool Inspection First Time