A shared pool, such as on body corporate common property, is for the benefit and enjoyment of all the lot owners and their respective guests. It is common property.
The body corporate is responsible for maintaining the common property and part of that is obtaining, replacing and displaying the body corporate pool safety certificate.
Further a separate pool safety certificate form 23 must be obtained for all pools within the body corporate.500 penalty units ($80,595) in the case of a natural person, or 2,500 penalty units ($402,975) in the case of a body corporate. Nevertheless, DELWP understands that councils’ principal concern is the safety of the community, and therefore DELWP has concentrated on ensuring the pool is made safe rather than penalising the pool owner for carrying out illegal work.
It is important to note that these estimates are often based on the best guess of MBSs regarding the level of illegality.