Swimming Pools and Pool Safety

Building Approval for New Pools

If you are installing a new swimming pool or spa (including portable above-ground pools that meet the definition of a regulated pool), you are required to obtain building approval (a building permit) before construction.  In Queensland, all new swimming pools and their associated safety barriers must have a building development approval from a private building certifier.  This approval process ensures your planned pool and fence meet the safety standards from the start.

When your pool has been built, a final inspection is required.  The building certifier will inspect that the pool and its barrier are compliant and, if so, issue a final certificate.  Once the pool is finished and certified, the certifier is obligated to provide the pool details to the QBCC (Queensland Building and Construction Commission), who will then record the new pool on the state’s Pool Safety Register.  Do not fill or use a new pool until you have passed all required inspections and it has a compliant fence in place.

Tip: Even if you are not selling or renting your property, you may consider having a licensed Pool Safety Inspector conduct a safety inspection on your new pool.  They can issue an official Pool Safety Certificate (Form 23) as extra assurance that your pool fence fully complies with the law.  

Any Pool Safety Certificate issued will be recorded on the QBCC’s Pool Safety Register for your property.  

Queensland Pool Safety Laws

From 1 December 2015, only one pool safety standard applies throughout all of Queensland.  This single standard (Queensland Development Code Mandatory Part 3.4 – Swimming Pool Barriers, in conjunction with Australian Standard AS1926.1) sets the requirements for pool fencing – including the minimum height and strength of barriers, mandatory non-climbable zones, self-closing gates and latching mechanisms, and preventing direct access from buildings into a pool area.  All new swimming pools and spas in Queensland must comply with this pool safety standard, regardless of when the pool was installed.  Non-compliance can result in fines.

Importantly, Queensland’s pool safety laws apply not just to permanent in-ground or above-ground pools but also to spas and many portable pools.  Any pool (including inflatable or portable wading pools) that can be filled with water to a depth of 300mm or more, holds more than 2,000L of water, or has filtration system is legally considered a "regulated swimming pool" and must be fenced and comply with the safety standards.

This means that even some portable or temporary pools will require a compliant safety barrier and approval.  The laws do not generally apply to bodies of water like fish ponds, dams, or water features – however, if you have a structure originally built as a swimming pool (e.g. a spa or pool now being used as a fish pond), it is still considered a pool and must have a compliant fence

Why Pool Safety Matters

Maintenance of pool fences and safety barriers is essential to reduce the number of drowning incidents and serious immersion injuries of young children in swimming pools.  All pool owners are responsible for ensuring their pool barrier is compliant with Queensland's safety standards at all times - this means fixing any damaged fencing or gates immediately and never leaving a pool gate propped open.  Failing to maintain a safe pool fence can lead to on-the-spot fines under Queensland law, so it is important to regularly check and maintain your pool barrier. 

Pool/Spa Registration

All residential pools and spas in Queensland must be registered on the Queensland Building Construction Commission's (QBCC) Pool Safety Register.  The Register is free to access and only requires your property address (or lot and plan number) to look up your pool. 

There is no fee to register your pool, but failure to register is an offence and can result in fines.  The Pool Safety Register is a statewide online database managed by QBCC that keeps a record of every regulated pool in Queensland, along with details of pool safety certificates and final inspection certificates that have been issued for each pool.

For new pools, your private Building Certifier will typically submit the details to the QBCC as part of the final certification process.  However, it is ultimately the pool owner's responsibility to ensure the pool is registered.  

If you purchase a property with an existing pool, you should use the register to verify that the pool is registered - if not, you must register it.  QBCC and local councils do conduct audits, and if a pool is found to be unregistered, the owner may face a penalty. 

If a pool is removed or permanently decommissioned on your property, owners should also advise the QBCC so the pool can be taken off the register.  This usually requires proof (for example, a letter or form from Council acknowledging the pool's removal) and possible a building approval to remove or fill the pool. 

Pool Fences and Safety Barriers

Every swimming pool or spa in Queensland that falls under the regulation criteria must be surrounded by a compliant pool fence or safety barrier.  The barrier must meet Queensland pool safety standards in all respects.  

Key requirements:

• Minimum fence height of 1200mm;
• non-climbable zones (no climbable objects or protrusions within 900mm of the barrier);
• Self-closing and self-latching gates that open outward from the pool area;
• No direct access from the house or other building into the pool enclosure (unless special provisions are met).

Windows, doors, walls and even boundary fencing used as part of the barrier must also comply with specific requirements if they form part of the enclosure. 

The pool owner is response for ensuring the pool fence is compliant at all times - not just at the time of construction or inspection.  If any part of the barrier is damaged or becomes non-compliant, it must be fixed immediately. 

For further information about Queensland's pool safety laws and standards please see the Queensland Building Construction Commission (QBCC) website - www.qbcc.qld.gov.au

Pool Safety Certificates (Buying, Selling or Leasing)

A Pool Safety Certificate (Form 23) is an official document issued by a licensed pool safety inspector that states your pool barrier complies with the required standard.  Under Queensland law, pool safety certificates are mandatory when selling or leasing a property with a regulated pool.

• If you are not selling or leasing, you are not required to obtain a certificate - but you still must maintain your pool fence to a standard at all times.

There are two categories of pools: non-shared and shared.  A non-shared pool means a pool on private residential land that is used only by the occupants of one dwelling (e.g. a typical backyard pool at a house).  A shared pool is a pool that can be used by residents of two or more dwellings – for example, pools in apartment complexes, townhouse complexes, hotels, motels, or caravan parks are “shared”.  The distinction is important because the certification rules differ slightly:

• Non-Shared Pools (private residential backyard pools)
  • Pool Safety Certificate valid for 2 years
  • Can sell with a certificate (provide to buyer)
  • Can sell without a certificate (provide buyer with Form 36 - Notice of No Certificate before contract and send copy to QBCC)
    • Buyer MUST obtain Pool Safety Certificate within 90 days of settlement.
• Shared Pools (unit complexes, hotels, motels, caravan parks)
  • Pool Safety Certificate valid for 1 year and the responsibility usually lies with the body corporate or pool owner.
  • SELLING:
    • Can sell with a certificate (provide to buyer)
    • Can sell without a certificate (provide buyer with Form 36 - Notice of No Certificate before contract and notify both Body Corporate and QBCC)
      • Body Corporate has 90 days to obtain Pool Safety Certificate
  • LEASING:
    • Can lease without a certificate (provide tenant with Form 36 - Notice of No Certificate before contract and notify both Body Corporate and QBCC)
      • Body Corporate has 90 days to obtain Pool Safety Certificate

Pool safety certificates can only be issued by licensed Pool Safety Inspectors accredited by QBCC and you can utilise the QBCC Pool Safety Inspector Search via their website.