Measure-up before you take the plunge (swimming pools and fences)

Properties with pools are a popular choice in WA.  Here are some water-safety tips for buyers.

Swimming Pools

The Building Act 2011 (WA) mandates that a building permit is required prior to the construction of a swimming pool or spa.

Swimming pool fences

Australian Standard AS 1926.1-1993 requires a compliant safety barrier for swimming pools that contain water that is more than 30 centimeters deep.

How do I know if a pool and its fences are approved?

Your local government (council) plays an important role in issuing building permits for swimming pools and their associated barriers.

Orders and requisitions

As part of the settlement process, we’ll obtain a document called the “orders and requisitions” from the council. This document will detail any outstanding orders with regards to swimming pools, health orders, planning information and building orders. You should read this report carefully. Raise any concerns with the council or your settlement representative prior to settlement. The cost of this report is included in our flat rate settlement fee.

Swimming pool inspection

Consider asking the council to inspect the pool. This is the easiest and quickest way to determine whether a pool and its associated barriers are approved. The council will charge a small fee for this service.

If you haven’t signed a contract

A simple and easy way to protect yourself is to include a special condition in your contract which requires the seller of the property to give you a swimming pool inspection report prior to settlement – which confirms the swimming pool and its barriers have council approval.

Legal advice

If you do find that a swimming pool is not approved or that its barriers do not satisfy the regulations, we recommend you seek legal advice immediately.  As your independent settlement lawyerscontact us to book a consultation.


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