Many pool owners are still not aware of their obligations when it comes to selling their home. If you are looking at selling or purchasing a house with a swimming pool or a spa pool you need to be aware of legislation governing swimming pool and spa barriers. No matter when the pool or spa was built, it is the responsibility of the current owner to ensure the child-safety barriers surrounding their pool or spa comply with the current legal requirements.
Under these requirements, all swimming pools must have a continuous safety barrier maintained by the pool owner that restricts access by young children to the pool and its immediate surrounds. There are specific requirements regarding fences, gates and any doors or windows which provide direct access to the pool.
An outline of acceptable pool safety details are found at sa.gov.au – Pool and Spa Safety.
It is the vendor’s responsibility to ensure that the property for sale complies with these requirements. An inspection can be arranged through the Swimming Pool and Spa Association, Planning SA or your local council. We strongly recommend all vendors should ensure compliance.
Both vendors and purchasers should request and retain a Certificate of Compliance as evidence of the pool’s compliance.
Failure to comply with the legislation could result in a $15,000 fine or four years in jail. Importantly, failure to comply could also result in a tragic accident which may also become the subject of civil proceedings against the vendor for damages by a distraught family.
For further information please contact Anna on 8362 6400 or email Anna Pantelios. Join our mailing list to receive updates and advice on current issues.
