THE
LEGISLATION

Legal obligations when selling a house with a swimming pool or spa pool

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 Minister's Specification SA 76D before settlement. This means that barriers must be installed to separate the pool area from the house where ever possible.

The revised Minister's Specification SA 76D took effect on 15 May 2014 by notice in the Government Gazette and only applies to prescribed swimming pools and spa pools as defined in section 71AA of the Development Act 1993.

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 and the Building Code of Australia to restrict access to the pool from the house, garage, street and any adjoining properties