Swimming pools and safety

Once construction is complete: 

• a final inspection is required; 

• the private building certifier inspects the pool and barrier; and 

• if compliant, a final certificate is issued. 

After certification (mandatory): 

• the building certifier is required to provide the pool details to the QBCC; and 

• the pool is recorded on the Queensland Pool Safety Register.   

Do not fill or use your pool until: 

• all required inspections are complete; and 

• a compliant safety barrier is fully installed and approved. 

Pool safety laws apply to more than just permanent pools. 

A regulated swimming pool includes any pool or spa that: 

• can be filled to a depth of 300mm or more (including inflatable or portable wading pools); or 

• holds more than 2,000 litres of water; or 

• has a filtration system. 

The laws generally do not apply to: 

• dams; 

• fish ponds; or 

• decorative water features. 

However, if a structure was originally built as a swimming pool (for example, a spa now used as a fish pond), it is still legally a pool and must have a compliant safety barrier. If the event you are unsure, please contact a private building certifier to confirm requirements. 

• registration is free; 

• failure to register is an offence; and 

• fines may apply for unregistered pools. 

The register: 

• is a statewide online database; and 

• records regulated pools, safety certificates and final inspection certificates. 

For new pools, the private certifier usually submits the pool details, but the owner is ultimately responsible for ensuring the pool is registered. 

If you buy a property with a pool: 

• check the Pool Safety Register; and 

• if the pool is not registered, you must register it. 

If a pool is permanently removed or decommissioned: 

• the QBCC must be notified; 

• proof of removal is usually required; and 

• building approval may be needed to remove or fill the pool. 

Every regulated pool or spa must be surrounded by a compliant safety barrier. 

Key requirements include: 

• minimum fence height of 1,200mm; 

• non‑climbable zones (no climbable objects within 900mm of the barrier); 

• gates that:  

• open outward from the pool area; and 

• self‑close and self‑latch; and 

• no direct access from a house or building into the pool area (unless permitted under specific provisions). 

Windows, doors, walls and boundary fencing may form part of the barrier, but only if they meet the safety requirements. 

The pool owner is responsible for keeping the barrier compliant at all times, not just when it is inspected. 

A Pool Safety Certificate (Form 23) is issued by a licensed pool safety inspector and confirms the pool barrier complies with safety standards. 

When is a certificate required? 

• Mandatory when selling or leasing a property with a regulated pool; 

• Not required if you are not selling or leasing (but compliance is still required). 

Non‑shared pools (private residential pools) 

• Certificate valid for 2 years;  

• Can sell with or without a certificate. 

If selling without a certificate: 

• provide buyer with Form 36 – Notice of No Pool Safety Certificate before contract; 

• lodge a copy with QBCC; and 

• buyer must obtain a certificate within 90 days of settlement. 

Shared pools (units, complexes, hotels, caravan parks) 

• Certificate valid for 1 year; and 

• responsibility usually lies with the body corporate or pool owner. 

Selling: 

• may sell with or without a certificate; 

• Form 36 must be provided and QBCC notified; and 

• body corporate has 90 days to obtain certificate. 

Leasing: 

• may lease without a certificate;  

• Form 36 must be provided and QBCC notified; and 

• body corporate has 90 days to obtain certificate.