If you’re buying a property with a pool in Western Australia, the barrier has to comply with government regulations. If it doesn’t comply and you don’t find out until after settlement, the cost of fixing it falls on you. Councils inspect pool barriers on a four year cycle, so ask when this one was last looked at and what the result was.
Does the pool need a building permit?
A building permit is required before a swimming pool or spa is built. If the pool went in without one, that’s the sort of thing a council can require to be put right after you own it.
What the barrier has to do
A pool or spa that can hold water more than 300mm deep has to be enclosed by a compliant barrier. Which edition of the Australian Standard applies depends on when the pool was installed.
How do you know if it’s approved?
Your local government issues the building permits for pools and barriers, so the council holds the record.
Orders and requisitions
As part of the settlement process we obtain the orders and requisitions from the council. This will set out any outstanding orders on the property, including pool orders, health orders and planning and building matters.
Read it carefully and raise anything that concerns you with the council or with your settlement representative before settlement.
Asking the council to inspect
You can ask the council to inspect the pool, which is the quickest way to find out whether it and its barrier are approved. The council charges a fee for it.
If you haven’t signed yet
Put a special condition in the contract requiring the seller to give you a pool inspection report before settlement, confirming the pool and its barriers have council approval. If it turns out not to comply, that’s then the seller’s problem rather than yours.
If the pool is not approved
Get advice quickly. What you can do depends on whether you have settled and on what the contract says about approvals.
Frequently asked questions
How often does the council inspect pool barriers?
Every four years. Ask the council when this pool was last inspected and what the outcome was.
Who has to fix a barrier that doesn’t comply?
The owner. Once settlement has happened that’s you, unless the contract made it the seller’s obligation.
Does a spa need a barrier?
If it can hold water more than 300mm deep, yes. The depth is what triggers the requirement rather than what the thing is called.
Talk to us about your purchase
We act for buyers and sellers on residential and commercial property settlements across Perth and Western Australia.
Call the settlements team on (08) 9220 4430 or download an itemised quote for your own purchase.
Related: Help! My home has unlawful buildings
This article is general information and not legal advice. Every property transaction turns on its own facts.
