Swimming and spa pool fences affect prices

Press, 12 October 1988, Page 53

Swimming and spa pool fences affect prices

Real estate agents and their salespeople have a responsibility to be informed about pool fencing requirements and costs. They are likely to be asked questions about pool fencing when involved in transactions. A typical question is: Does this pool need to be fenced? And the answer leads to another question: any ideas how much it would cost? The answers are not simply, “Yes” and “I reckon a thousand dollars should do it.” Requirements involving pool fencing are very complicated. Indeed, the whole matter is so complicated that real estate people ought not to assume the role of a professional adviser in this matter. On the other hand, to simply advise the would-be buyer to consult an expert (if they can find one), is an unsatisfactory response. The salesperson should have been briefed to take a middle line, and to exercise great care to avoid any subsequent claim of misrepresentation. Imagine, for example, the purchaser who sought to have $lOOO knocked off the purchase price to provide for pool fencing, only to later find that fencing actually cost $3341.75. Any salesperson who had been tempted to suggest “I reckon about $lOOO will cover fencing costs” would scarcely be regarded as having made an estimate as an informed adviser. This prospective purchaser would be best protected by being told to consult fencing specialists, with one or two being named, to. get precise information. In some instances, an enthusiastic salesperson will obtain a couple of quotes from fencing people. Legal Requirements Under the provisions of the Fencing of Swimming Pools Act 1987, all swimming and spa pools were required to be fenced by 1 May 1988, the main purpose being to try to reduce the incidence of child drownings. Therefore, any real estate agency listing any property with an unfenced swimming pool or spa pool — or even a deepish unprotected ornamental pool — is now very aware that the ultimate buyer is faced with a

problem before even stepping on to the property. The agency representative listing the property for sale should point out the fencing requirements to the vendor — and record the fact that this was done. In any event, with growing awareness about pool fencing requirements it is probable that any perceived inadequacies in respect of pool fencing requirements will emerge in discussion between the vendor and purchaser before completion of the sale. Actual Requirements Real estate salespeople have been advised to avoid giving any impression that they are an authority on pool fencing, no matter how well versed they are on the provisions of the act and erection of pool safety fencing in accordance with the standard NZS 9201. This is because fencing specialists themselves say that too many variables are involved.

The problems are ® The act is new legislation and

contains gaps or is vague in areas of concern. © Ground terrain and the proximity of buildings with direct access to the pool vary enormously, presenting individual fencing problems. © Pool owners interpret the act differently as do local authorities. That last point is crucial. Pool fencing specialists say that there is a wide difference between local bodies in the way they interpret provisions of the act and in enforcement by inspectors. So it follows that anyone proceeding with pool fencing should consult their local council. Presumably, even if a completed fencing system passes inspection there remains the chance that the owner could be served with a notice for a more stringent compliance at a future date. This, then, is the fencing dilemma. However, according to three fencing specialists contacted, (fencing specialists exist in all

cities and larger towns), at present common sense prevails — that if pool owners use approved fencing systems, and the installation is satisfactory and the gate works, there should be no problems. They said that some gates may at some stage fail to shut automatically even after proper installation, and when that occurred it was obvious that the whole fencing system was a failure until that problem was resolved. Les Comrie, proprietor of the Fence Centre in Auckland: “The gate is the hub to the whole system. I have my clients choose a self-locking gate first, and then go on to sell them fencing.” Susan Glatt, managing-director of Fencerite Industries, Mt Wellington, confirms that the gate is the most expensive section of fencing. It must open outwards and be self-closing, which presents a problem to people with a path running uphill from the pool.

A following article will deal with fencing options.