Selling a Home With a Filled-In Pool in Ontario: What to Disclose
If you are selling an Ontario home where an inground pool was filled in or removed, the safest approach is to disclose it and have the paperwork ready. Ontario law requires sellers to disclose known latent defects, and versions of the standard Seller Property Information Statement ask directly about decommissioned swimming pools. Permits, fill and compaction records, and photos are what turn a buried pool from a red flag into a non-issue for buyers.
This article is general information, not legal advice. We are pool removal contractors, not lawyers, so talk to your real estate lawyer and agent about your specific sale.
Why a Buried Pool Matters to Buyers
From the surface, a well-done pool fill-in looks like any other lawn. That is exactly why buyers and their inspectors care about it. What is under the grass decides what the new owner can do with the yard:
Can they build an addition, garage or shed there?
Will the lawn settle or hold water?
Is old concrete, steel or liner material still in the ground?
A U.S. home inspection insurer published a case where a backyard "looked perfect" at the inspection, the inspector recorded no pool, and the yard sank about a year later. The buyers found the old pool in tax records and a lawsuit followed. That is an American example, but it shows how a buried pool can surface, literally, after closing.
What Ontario Sellers Have to Disclose
The Real Estate Council of Ontario (RECO) explains the difference between two kinds of defects in its bulletin on seller disclosure:
Latent defects are problems a buyer could not find through a reasonable inspection, and that make a property unfit for habitation, dangerous or potentially dangerous. Sellers who know about them, or who are wilfully blind to them, can be held liable for not disclosing them.
Patent defects are visible or discoverable with reasonable care. Sellers do not have to point them out, but they must not hide them.
RECO also notes that if the seller's agent knows of a material fact like this, the agent must disclose it to interested buyers.
The SPIS and other forms
The Seller Property Information Statement (SPIS) is optional, and many sellers decline to fill it out. But if you do, versions of the form ask whether the property has any abandoned or decommissioned well, septic system, swimming pool or foundation. The form also asks whether renovations were done with a building permit and final inspection.
In 2024, the Ontario Real Estate Association introduced Form 299, "Seller Disclosure Latent Defect(s)." Toronto real estate lawyer Bob Aaron has written that the form may ask for more disclosure than the law requires, and that sellers should get legal advice before signing it.
The practical takeaway: if a pool was filled in, assume a buyer will find out. Be truthful on any form you complete, and let your lawyer guide the wording.
Partial vs. Full Removal: Why the Method Matters
How the pool came out makes a big difference when you sell.
What stays in the ground: Partial removal (fill-in): Lower part of the shell, broken and drained; Full removal: Nothing; shell and liner are hauled away
Typical future use: Partial removal (fill-in): Lawn, garden or patio; Full removal: Can be engineered for future building
Buyer questions: Partial removal (fill-in): Drainage holes? Fill type? Compaction?; Full removal: Fill and compaction records
Disclosure burden: Partial removal (fill-in): Higher; Full removal: Lower, but still disclose
With a partial removal, the top section of the shell is broken out, the floor is broken or drilled for drainage, and the rest stays buried under clean fill. That area is generally suited to lawn, gardens or a patio. With a full removal, all of the shell comes out and the hole is backfilled and compacted in lifts, which gives a much better starting point if someone wants to build there later. Our article on partial vs. full pool removal covers the choice in detail.
Building on a former pool site
If a future owner wants to put a foundation where the pool was, an engineer usually needs to be involved. Ontario geotechnical guidance notes that foundations may bear on engineered fill only where the system has been designed and accepted, and that a compaction test on its own does not establish the soil's bearing capacity. In other words, a field density report is useful, but it is not the same as an engineer's letter saying the fill can carry a building.
The Paperwork That Reassures Buyers
Whether you filled the pool in last year or a previous owner did it decades ago, gather what you can:
Permits and approvals. Any building or demolition permit, plus final inspection records. In London, contact the Building Division at building@london.ca or 519-661-4555 to confirm what applied to your project and to search old records.
Contractor invoice and scope. A written description of whether the removal was partial or full, how the shell was broken and drained, and what was hauled away.
Fill records. Type and quantity of fill used, such as clean fill and screened topsoil.
Compaction details. How the fill was placed (in lifts), the equipment used, and any compaction test or engineer's report.
Photos. Before, during and after shots, especially of the broken floor and the open hole before backfilling.
A site sketch. The pool's location and size relative to the house and lot lines.
Utility notes. Where old pool electrical and plumbing lines were cut and capped.
If the pool was filled in before you bought the home and you have no records, say so honestly. Your lawyer can help you word the disclosure.
Selling Soon? Removing a Pool Before Listing
Some owners remove an aging pool before they list, because a tired pool can put off buyers who do not want the upkeep. If you go this route:
Leave time. A removal, backfill and sod or seed job takes planning, and new lawns need time to establish. Fall removals let the ground settle over winter before spring listings.
Choose full removal if building is likely. If your lot is a natural spot for a garage or addition, full removal keeps that option open for the next owner.
Keep every record. Ask your contractor for documentation as part of the job.
Our pool removal procedure page explains each step, and our guide to pool removal cost in London, Ontario covers budgeting.
Buying a Home With a Filled-In Pool?
If you are on the other side of the deal:
Ask the seller directly whether there was ever a pool.
Look for clues: a rectangular depression, unusual settling, old fence posts or capped electrical lines.
Ask for permits, removal records and photos.
If you plan to build in that area, budget for a geotechnical assessment.
FAQ
Do I have to disclose a filled-in pool when selling in Ontario?
Ontario sellers must disclose known latent defects, and many SPIS versions ask directly about decommissioned swimming pools. Because rules depend on the facts, the safest approach is to disclose the pool and talk to your real estate lawyer.
Can you build on top of a filled-in pool?
Usually not without engineering. Partial fill-ins are generally only suited to lawn, gardens or patios. A full removal with compacted fill is a better starting point, but foundations on fill typically need an engineer's design and acceptance.
What records should I keep after pool removal?
Keep any permits, the contractor's written scope, fill type and quantity, compaction details or test reports, before-and-after photos and a sketch of the pool's location.
Is full removal better than a fill-in for resale?
Full removal leaves nothing buried and keeps future building options open, which can be easier to explain to buyers. A partial fill-in can work well for a lawn or garden but carries more questions.
Does London require a permit to remove an inground pool?
London's online building information does not clearly answer this, so contact the City's Building Division at building@london.ca or 519-661-4555 before you start.
Planning to Sell? Talk to Us First
SPM Landscape & Excavation has removed pools across southwestern Ontario since 2006. We are WSIB covered with $1 million in liability insurance, and we document every job. Read what past customers say on our testimonials page, then call (519) 474-0008 or email spmlandscape@gmail.com for a free quote.
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