Hi im looking to purchase a 10yr old propery with an outdoor spa deeper than 30cm that is unfenced whose resposibility is it for the fencing as its illegal at the moment?

Hi Don,
The seller is responsible for the provision and the cost of a suitable compliant fence prior to the release of a Section 32 statement and a property should not be settled without the required works being done.
Having said that, it can also be quite difficult to get an enforcement on the owner in a reasonable time frame and you may have to either accept the responsibility yourself and have the fence installed before you move in or choose not to purchase the property.
I would recommend raising the point with the selling agent and coming to a written agreement before signing anything.
Best of luck with your purchase
Regards
Scott