07/09/2026
There are several important things that you must know regarding a swimming pool that is in the yard of a house you wish to purchase in South Australia..
Pools built before 1 July 1993 must be made compliant before the property is sold. However, they must meet the specific criteria outlined in South Australia's Ministerial Building Standard MBS 004, which focuses on ensuring the barrier separates the pool from the house wherever possible.
Pools built on or after 1 July 1993 must comply with the specific version of the rules and Australian Standards that were in effect at the time the council approved the pool's construction. For example, a pool built in 1998 might only need to meet the 1993 version of the standard, not the 2012 revision.
Certificates issued to previous owners, even on a two year old property are no longer valid, and changes to the property's condition over time may impact compliance
Note that no mandatory pool inspection or certificate is legally required in our state, unless triggered by new construction, alterations, or specific local council audit policies. South Australian law does not legally mandate a pool safety inspection or a compliance certificate to sell a house, although it is highly recommended to have one done. The legal responsibility to ensure the barrier is compliant before settlement falls squarely on the seller not the purchaser, so often a real estate agent will recommend that the Vendor should have one done. It is also strongly advised by most conveyancers to have an accredited professional perform a pre-sale check for compliance of any swimming pool areas. This prevents last-minute settlement delays or contract disputes if the barrier is found to be unsafe by a building inspector such as myself.
Most building inspectors during an inspection will check for any obvious issues with pool fencing compliance and detail faults in your report. Although your building inspector may not be able to write up a compliance certificate, as typically an independent professional (such as a private building certifiers or building surveyors with relevant building level accreditations like Building Level 1, 2, or 3) can inspect barriers and certify compliance, provided their specific accreditation conditions permit it. Or a council authorized officer, from your local council who has direct legislative authority under the Planning, Development and Infrastructure Act 2016 to legally enforce and inspect pool safety compliance.
Faults can be often hidden by tanks, shrubs, garden mulch and retaining walls and only found during a building inspection of the area.
