There is a gap between the sale rules and the safety rules. On the sale side there is no requirement to attach a certificate of compliance to the contract, and no specific obligation under the Sale of Land Act 1962 to disclose whether a pool or spa complies, which puts buyers at risk of buying a property with a non compliant pool or spa.
On the safety side, under the Building Amendment (Swimming Pool and Spa) Regulations 2019, owners must register their pool or spa with the local council and obtain an inspection by a qualified building inspector and a certificate of compliance, and safety barriers must be re inspected periodically. Those obligations run with ownership.
The result is that a buyer can become responsible for the inspection cost and any barrier rectification, which is a matter for the buyer's own inquiries before signing.
CMK Legal's property and conveyancing team can act on matters like this.
Because compliance is not disclosed in the contract, a buyer who does not check can inherit the cost of bringing a pool or spa up to standard. Safety barrier obligations are ongoing, not a one off.
Law referenced: Sale of Land Act 1962; Building Act 1993 and Building Amendment (Swimming Pool and Spa) Regulations 2019.