Ensuring pool safety is a critical responsibility for property owners in Queensland. The state has specific regulations and standards in place to protect residents, especially young children, from pool-related accidents. It helps to understand what pool owners must do, including obtaining the right certificate, keeping the barrier compliant, and knowing the consequences of non-compliance, so that your pool is both safe and legally sound.
For a buyer, this is part of your pre-purchase due diligence. Whether the pool holds a current certificate, or comes with a Form 36 instead, is worth confirming before you sign. The rules differ sharply between states, so if you are comparing options it is worth reading the Victorian and New South Wales pool rules alongside this one.
Pool Safety Certificate vs Form 36 at a glance
| Document | What it means | Provided by | Effect on the buyer |
|---|---|---|---|
| Pool Safety Certificate (Form 23) | Confirms the pool barrier meets the safety standard; must be current at sale | Obtained by the seller before sale | The pool is certified compliant, so there is nothing further for you to do on the barrier |
| Form 36, Notice of No Pool Safety Certificate | Discloses there is no current certificate | Given by the seller to the buyer before entering the contract, and lodged with the QBCC before settlement (and given to the body corporate for shared pools) | You take on making the pool compliant, at your cost, within 90 days after settlement |
What are the pool safety requirements for swimming pools in Queensland?
The Building Act 1975 (Qld) requires owners of swimming pools to comply with the pool safety standard in Part MP3.4 of the Queensland Development Code. The standard deals primarily with swimming pool barriers to prevent unauthorised access, particularly by young children. In practice it covers three things: there must be no direct access from a building into the pool area, gates must be self-closing and self-latching, and there must be a non-climbable zone so a young child cannot climb the barrier.
Does Queensland have one pool safety standard, or easier rules for older pools?
Queensland applies a single, current standard. The pool safety standard applies to new and existing pools alike, so an older pool is assessed against the same MP3.4 requirements as a new one. There is no separate, easier standard for a pool built years ago, and no general grandfathering. This is a real difference from other states. In Victoria and New South Wales, the barrier standard that applies can depend on when the pool was built or last relocated, so an older pool may be judged against an older standard. In Queensland, expect the current standard to apply whatever the pool's age.
What are the responsibilities and obligations of pool owners in Queensland?
Pool owners, including bodies corporate, are responsible for ensuring the barrier complies with the pool safety standard at all times. This includes maintaining the integrity of the barriers and ensuring gates and latches are functioning correctly. Pool owners may be committing an offence by failing to comply with their pool safety obligations, and penalties may be applied for non-compliance. Prior to entering into a Contract of Sale, a Seller must either:
- obtain a Pool Safety Certificate; or
- provide the Buyer with a Form 36 'Notice of No Pool Safety Certificate'.
What qualifies as a 'swimming pool' in Queensland?
A regulated swimming pool is any excavation or structure capable of being filled with water to a depth of 300mm or more, including a pool, spa, or wading pool. However, it generally does not include a fish pond (or similar ornamental water feature), dam, water tank, watercourse, spa bath in a bathroom (unless continually filled with 300mm or more of water), or birthing pool.
Does the pool need to be on the QBCC pool register?
Yes. Any pool capable of holding water 300mm or more deep is a regulated pool and must be recorded on the Queensland pool safety register, which the QBCC operates. The register records every regulated pool in the state, along with any pool safety certificate that has been issued for it. You can search the register online at no cost to check whether a property you are buying, selling, or leasing has a current certificate, and registering a pool is done through the QBCC portal. Failing to register a pool can attract a fine.
What must a Seller do if there is no Pool Safety Certificate or Exemption Certificate for a non-shared pool?
Residential non-shared pools generally only exist on properties that are not units. If there is a non-shared swimming pool on the Property (or on adjacent land used in association with the Property) and there is no Pool Safety Certificate ('PSC') or Exemption Certificate ('EC') in effect, the Seller must not enter into a contract to sell the Property without giving the Buyer a Form 36 Notice of No Pool Safety Certificate. A copy of the Form 36 must also be lodged with the QBCC before settlement.
What is the Buyer's responsibility if they settle without a current certificate?
A Buyer who settles without a current PSC or EC will be responsible for obtaining a PSC and carrying out all works (at their cost) required to meet the standard (for example, upgrading the pool fence).
What is the timeframe for complying after settlement?
A Buyer who settles without a current certificate must obtain a Pool Safety Certificate (Form 23) within 90 days of settlement, and carry out any works needed to meet the standard at their own cost.
Is the 90-day period a grace period from the safety rules?
No, and this catches people out. The 90 days is time to obtain the certificate, not a holiday from the safety standard. A Form 36 is not an exemption from complying with the pool safety standard. As the pool owner, you are responsible for ensuring the barrier complies at all times, from the day you take possession. A council or the QBCC can still act on an actual safety breach within the 90-day window, and a fine is possible for a barrier that does not comply, regardless of the timeframe. Treat the 90 days as a deadline to get certified, and keep the barrier compliant the whole time.
How long does a Pool Safety Certificate last?
A Pool Safety Certificate (Form 23) is not indefinite. For a non-shared pool, generally on a house, it is valid for two years. For a shared pool, such as one on common property in a body corporate or unit complex, it is valid for one year. When a certificate is nearing expiry, a fresh inspection is needed to renew it.
What must a Seller provide if there is no certificate before entering into the contract?
Unless the Seller gives a Form 36 Notice of No Pool Safety Certificate before entering into the Contract, the Seller must give a PSC or EC at or before settlement, failing which the Buyer can terminate the Contract. If any certificate provided expires before settlement, the Seller must obtain a new certificate before settlement.
What are the requirements for shared residential pools in Community Titles Scheme complexes?
Residential shared pools generally exist on common property in Community Titles Scheme complexes or other bodies corporate, and the body corporate must obtain the PSC. The Seller must give a Notice of No Pool Safety Certificate where a PSC is not in effect:
- before they enter the Contract; and
- before settlement, to the body corporate (usually the owner of the shared pool) and the QBCC.
The consequences are that the body corporate must obtain a PSC at its cost and may be liable for a financial penalty for not already having obtained the certificate. The Buyer may then be called on to contribute their proportionate share of the cost to obtain the PSC and any penalties imposed on the body corporate, through body corporate levies.
Can you make the contract conditional on a pool safety inspection?
If the pool's condition is a concern, it is worth inspecting it, ideally before you sign. Buyers can ask for a special condition making the contract subject to a satisfactory pool safety inspection, though whether the seller agrees is a matter for negotiation. Your conveyancer or solicitor can advise on the right wording and timing for your particular contract.
What must a property owner obtain before entering into a lease or tenancy?
If there is no PSC for a pool, the owner is prohibited from entering into a lease or tenancy without obtaining one.
What are the consequences of non-compliance?
There are substantial penalties for non-compliance. Under the pool safety scheme, penalties of up to 165 penalty units can apply, which is $28,495.50 at the current penalty unit of $172.70 (penalties vary by offence and are indexed each July). Non-compliance can also lead to legal action to enforce compliance.
Pool safety is one of several checks worth completing before you settle. If you are buying in Queensland, it is also worth confirming smoke alarm compliance, remembering that buying at auction gives you no cooling-off period to sort these issues out later, and knowing how to handle adverse property search results.
General information only, not legal advice. Conveyancing law varies by state and changes over time; confirm your situation with a licensed conveyancer or solicitor.
