Having a pool in your backyard can be an enviable luxury during Western Australia's scorching summers, but they also come with a lot of responsibility.
In recent years the state government have upgraded and tightened their rules around fencing to pools and outdoor spas. Owners now have a clear obligation to ensure their safety barriers comply with current laws.
These rules also have implications for buyers and sellers.
Implications for buyers
If you are interested in buying a home with a pool, you have a responsibility to enquire about its safety standards.
If the pool doesn't meet safety standards and the seller refuses to upgrade, then the real estate agent has a statutory obligation to inform you about the illegal status of the pool’s condition.
If you decided to proceed with the sale despite this, you would have an obligation to immediately upgrade the fencing upon settlement. This scenario is unlikely, but can happen.
This agreement would not completely absolve the seller of their obligations, meaning they could still be prosecuted for not upgrading the safety barriers during their period of ownership..
Get it right from the start
The stringency of pool fencing can sometimes be a controversial issue, but as long as the rules are in place you have a duty to observe them.
To avoid undue complications, it makes sense to get it right from the start.
For more information, visit the rules for pools and spas on the Department of Mines, Industry Regulation and Safety's website.