All swimming or spa pools must have a continuous safety barrier maintained by the pool owner that restricts access by young children to the pool.
Fencing must be constructed in such a way to make sure that:
Gates to the pool area must:
Pools built before 1 July 1993
If you are selling your property with a swimming pool or spa pool, you are responsible for making sure that current safety requirements for swimming pool safety are met. This may mean you have to upgrade fencing or barriers.
If the property where a swimming pool or spa pool is located is not for sale, the pool can continue to comply with the old Swimming Pools Safety Act 1972. The Act requires a swimming pool or spa pool owner to ensure that the pool is enclosed by a fence, wall or building to restrict access by young children.
If the property is sold after 1 October 2008, the child-safety barriers must comply with Ministerial Building Standard MBS 004 - Swimming pool safety – designated safety features for pools built before 1 July 1993 before settlement. This means that barriers must be installed to separate the pool area from the house where ever possible.
Pools built on or after 1 July 1993
Swimming pools or spa pools built on or after 1 July 1993 must comply with the rules that were current when the application for construction was submitted. This includes the provisions of the Development Act 1993 or the Planning, Development and Infrastructure Act 2016 and the Building Code of Australia to restrict access to the pool from the house, garage, street and any adjoining properties.
