Selling an SA house with a pre-1993 pool: what happens?

What happens if I sell an SA house with a pre-1993 pool?

Selling is the event that switches the rule. The South Australian Law Handbook states that pools constructed before 1 July 1993 "must be made compliant before the sale of the property", that it is the owner's responsibility, and that if the home is not going to be sold the pool can continue to comply with the old Swimming Pools (Safety) Act 1972. The State's own pool page adds the dates: if the property is sold after 1 October 2008, the child-safety barriers must comply with MBS 004 before settlement. The State's 2019 advisory notice describes the same standard as setting out the upgrade required on a transfer of title.

That makes the citable point of this page a settlement-deadline rule: a barrier upgrade that would otherwise be optional becomes a transaction milestone with a fixed date, the settlement date in your contract. The work has to be finished, not just booked, by then.

Pools built on or after 1 July 1993 are different: they must meet the rules that were in force when the pool or barrier was approved, and the owner is responsible for meeting them before the property is sold. The national picture, including the NSW and Queensland certificate systems, is on selling a house with a pool.

What MBS 004 requires before settlement

MBS 004 (August 2019 edition) has two sets of requirements, and the difference between them is the upgrade.

While you own it (clause 3.1.4): the pool is enclosed by a fence, wall or building, no part under 1.2m high, built so a small child cannot pass beneath or through it and has no foot or hand holds, with gates and doors that close and latch automatically. Clause 3.1.5 deems a fence to enclose the pool even if it also encloses other land or buildings. In other words, the backyard fence could be the pool fence.

Before settlement (clause 3.1.1): barriers that comply with AS 1926 Part 1 (safety barriers) and Part 2 (location of barriers), plus a first aid and CPR sign at least 300mm by 300mm, durable and weatherproof, on the barrier or near the pool. A child-resistant doorset may not be used in the barrier of an outdoor pool unless the pool is less than 1.8m from the door. The State's summary of the result: barriers must be installed to separate the pool area from the house wherever possible.

So the typical upgrade is not a new latch. It is a new fence line between the house and the pool, with a compliant gate. Which walls and doors can form part of a pool barrier explains why a door from the house usually fails.

Who certifies an SA pool barrier before a sale, and what it costs

Nobody has to. The Law Handbook states that a certificate of compliance is not required under the Planning, Development and Infrastructure Act 2016, and the State says there is no requirement to have an inspection when selling a property with an existing pool. Only council officers have the legislative authority to enforce pool safety requirements.

That cuts both ways. There is no form to attach and no fee to pay, but there is also no document that proves you complied, and the maximum penalty for failing to meet the standard before selling is $15,000 under section 156(4) of the Act. The State recommends that if you decide to have the pool inspected, you use an accredited professional with the qualifications and professional indemnity insurance to certify compliance, and notes that some private certifiers are subject to conditions and cannot do it.

We found no State or council fee for a voluntary pre-sale inspection, so the inspection price varies by provider: ask for it in writing. The barrier work is the larger cost. If the new fence needs development approval, the PlanSA fees and published Adelaide fencing prices are on pool fencing cost in Adelaide; ask your council whether your replacement barrier needs approval before you order it.

The order to do it in, and the stage that slips

1. Establish the pool's date. The Law Handbook's advice for working out which rules apply is to contact the local council. Approval records for the pool or barrier decide whether you are in the pre- or post-1993 group.
2. Compare the barrier with MBS 004. Look for the three usual gaps: no fence between the house and the pool, a door opening into the pool area, and no CPR sign.
3. Ask the council whether the new barrier needs approval, and get quotes for the work.
4. Build it and, if you want evidence, have it inspected by an accredited professional.
5. Settle. The standard must be met by settlement.

The stage that slips is the one you do not control: a contractor's lead time and any approval. Neither has a published standard duration, so the safe order is to finish steps 1 to 3 before you list, while the settlement date is still yours to choose.

Buying a house with a pre-1993 pool in SA: the date check before an offer

The same rule gives a buyer a check to make before an offer. Ask the seller when the pool was built and whether the barrier has been brought up to MBS 004. If the house has already sold since 1 October 2008, the upgrade should have been done before that earlier settlement; if it has not, the seller must do it before yours.

Because no certificate is required, the evidence will be whatever the seller can show: the barrier itself, any approval for it, and any inspection report. Walk the fence line between the house and the pool, and look for the CPR sign. If it is missing, the barrier work is in front of the seller and the settlement date matters to both of you.

For a new pool instead of an old one, the Adelaide build costs are on how much a pool costs in Adelaide, local businesses are listed under Adelaide, and you can compare free pool quotes for the barrier or the whole job.

Common questions

Sources

• Law Handbook (Legal Services Commission of SA): swimming pools, including pools built before 1 July 1993 and the $15,000 penalty
• SA Government: Pool and spa safety (page last updated 4 July 2022; read via Internet Archive, 3 December 2025 capture, as sa.gov.au refused our request)
• Ministerial Building Standard MBS 004, Swimming pool safety: designated safety features for pools built before 1 July 1993, August 2019 edition (read via Internet Archive, 6 April 2020 capture)
• SA Building Advisory Notice 05/19: Swimming pool safety requirements under the PDI Act, September 2019 (read via Internet Archive)

General information only, current at 2026-10-14. Pool rules differ by state and by council, and penalty amounts are updated regularly. Confirm your own obligations with your council or a registered inspector before acting.