Spasa Victoria Consumer Guide

FACT SHEET 3 • LEGISLATION, REGULATION & CONTRACTS Use the right people and ask the right questions If there is one thing SPASAVIC members know a lot about, it’s building pools and spas. It’s a complex process with a number of steps to move through. There are also certain legal requirements that must be met and it is critical that your intended builder meets them all. SPASAVIC members stand ready to help at every step, but it’s a good idea to familiarise yourself with each one before you start. STEP 1: LOOK FOR THE SPASAVIC POOL BUILDER MEMBER LOGO The SPASAVIC Pool Builder Member logo signifies you are dealing with a company which is obliged to be registered, is suitably experienced and insured, and which is a current financial member of the industry peak body. SPASAVIC Pool Builder Members are the only builders who can issue a SPASAVIC Pool & Spa Construction Contract. Based on the collective experience of our members the SPASAVIC Contract is detailed but easily understood by the lay person, and it clearly explains any exclusions. STEP 2: MAKE SURE YOU ARE INSURED State law requires that domestic building insurance must be issued for all domestic building work over $16,000 in total value. SPASAVIC recommends that you DO NOT commence any work until your builder has provided this insurance and you have the certificate in your possession, or ask to see the building permit and their builder’s registration card. The purpose of this insurance is to ensure that you are protected against an incomplete pool and / or spa and structural defects for up to 6 years in the event that your builder dies, disappears or becomes insolvent. Without it, you are totally unprotected and exposed in the event that your builder is unable to complete or rectify defects due to death, disappearance or insolvency. And if you sell your home you will be required by law to provide this transferable insurance to the purchaser. STEP 3: ENSURE YOUR BUILDER IS REGISTERED AND LICENSED To provide protection for every person having building works done, the Victorian government has legislated that builders undertaking work with a value over $10,000 must be registered with the Victorian Building Authority. So, before signing a contract please check if your builder is a Registered Building Practitioner, by asking to see their registration card, calling the VBA on 1300 815 127 or using the ‘Find a Practitioner’ menu at vba.vic.gov.au STEP 4: ASK IF A TOWN PLANNING PERMIT IS REQUIRED It is possible that town planning overlays may apply to the location of your proposed pool or spa. If so, a town planning permit for a swimming pool / spa at that address may be required before a building permit can be issued. Check with your local council before commencing any work. SPASAVIC has successfully negotiated a general exemption for pools and spas where the following overlays apply: Design Development Overlays and Neighbourhood Character Overlays. STEP 5: YOUR BUILDER WILL PROVIDE YOU WITH A COPY OF THE DOMESTIC BUILDING CONSUMER GUIDE The Guide explains your rights and responsibilities and will help you to understand the roles and responsibilities of your builder and building surveyor. You can learn more about the topics in the Guide and domestic building contracts generally at - http://consumer.vic.gov.au/buildingguide YOU MUST NOW APPOINT A REGISTERED BUILDING SURVEYOR. Your builder can recommend a building surveyor, but cannot appoint a private building surveyor for you. SPASAVIC have a resource of experienced pool & spa Registered Building Surveyors who are SPASAVIC Professional Members – search for a registered building surveyor at http://spasavic.com.au/member/surveyor YOUR BUILDING PERMIT CAN NOW BE ISSUED. MEMBER POOL BUILDER Updated SEPTEMBER2019 FOR THESUPPLY&CONSTRUCTIONOFA CONCRETE SWIMMINGPOOL / SPA ContractNumber: DomesticBuildingContract C CONTRACT SPASAVIC CONSUMER GUIDE • 9