We guarantee the pool safety certificate if you follow the process.
Pool safety compliance
Compliant pool barriers help save lives by preventing young children from accessing swimming pools.
All pools, including spas and some portable pools, must now comply with the pool safety standard.
The standard applies to homes with new or existing pools as well as short and long-term accommodation premises. This includes new and existing pools in houses, unit complexes, hotels, motels, backpacker accommodation, caravan parks and mobile van parks.
Pool owners need to be aware that any person who props open a pool gate is liable to an on-the-spot fine of over $450.
What classes as a swimming pool?
A swimming pool is defined as an above or belowground structure principally used for swimming or bathing, including some models of portable pools and spas.
If your portable pool or spa can hold more than 300 millimetres of water then the laws apply to you. The pool laws don't apply to fishponds, however, if you have a swimming pool that is now being used for another purpose e.g. as a fishpond, it is still considered a pool and must have a compliant barrier.
Should my pool be registered?
All pools in Queensland must be registered with the QBCC. List your pool on the pool safety register.
Selling or leasing a property with a pool
The process for when you need to get a pool safety certificate differs depending on whether you are selling or leasing a property and if your pool is shared or non-shared.
Selling or leasing a property with a non-shared pool
A non-shared pool is only accessible to the residents of one dwelling and is typically associated with houses and units or townhouses with private spas or pools.
Selling
You can sell your property with or without a pool safety certificate. However, if you are not providing a certificate, you must give the buyer a Form 36-notice of no pool safety certificate prior to entering a contract of sale and send a completed copy of the form to QBCC (poolsafety@qbcc.qld.gov.au) before settlement.
The buyer must get a pool safety certificate within 90 days of settlement.
Leasing
If leasing your home, a pool safety certificate must be obtained before entering into the accommodation agreement.
Expiry date for certificates
Selling or leasing a property with a shared pool
A shared pool is accessible to residents of two or more dwellings. They are typically associated with apartment and unit complexes, hotels, motels, backpacker hostels and caravan parks.
Selling
If you own a unit or apartment with a shared pool, you can sell it with or without a pool safety certificate. However, if you are not providing a certificate, you must give a completed copy of the Form 36-notice of no pool safety certificate to the buyer before entering the contract of sale.
Before settlement, you must provide a completed copy of this form to the owner of the pool (usually a body corporate) and the QBCC (poolsafety@qbcc.qld.gov.au).
The owner of the pool (usually the body corporate) then has 90 days to obtain a pool safety certificate.
Leasing
Before you enter into the accommodation agreement, you must provide a pool safety certificate or Form 36-notice of no pool safety certificate to the new occupier and the owner of the pool (usually a body corporate) as well as the QBCC (poolsafety@qbcc.qld.gov.au).
If a Form 36 has been provided, the pool owner then has 90 days from when they entered the accommodation agreement, to obtain a pool safety certificate.
Expiry date for certificates
Pool safety certificates for shared pools are valid for 1 year from date of issue.
Pool safety management plans for hotels, motels, resorts and other class 3 buildings
Owners of class 3 buildings, such as a hotel, have the option of using an approved pool safety management plan in place of a pool safety certificate. Owners who opt to use a plan as an alternative to constructing a compliant pool barrier must have it approved by the QBCC. The plan must be updated annually.
In some cases, a new certificate or pool safety management plan may not be needed. For example, if the hotel is closing for renovations, there will be no new accommodation agreements.
Use the Pool safety management plan guideline to help you plan and apply by completing a Pool safety management plan application form 38 (PDF).
Display of pool safety certificate for shared pools
Display the certificate near the main entrance to the premises or the pool.
If you lose your certificate, you can download a hard copy at property search.
Recently built pools
For recently built pools, a Final Inspection Certificate or Certificate of Classification issued by the building certifier can be used as a pool safety certificate. The certificate must confirm that the pool meets the standard and be lodged by the building certifier with the QBCC at poolsafety@qbcc.qld.gov.au.
Either of these certificates replaces a pool safety certificate and becomes valid for one year from its date of issue for shared pools and two years for non-shared pools.
Registering your pool
All residential pools in Queensland must be registered with the QBCC. Failure to do so could result in a fine.
Register your pool in the Pool safety register
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Open the property search directory and enter your address and/or lot and plan number
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Follow the prompts to enter number of pools or spas
We will receive an automatic message with your details, which we will add to the directory. There is no cost to register your pool.
Property search
You can search to see if your pool is registered in the property search directory. You will need the address details and/or Lot and plan number. http://www.qbcc.qld.gov.au/search?contains=
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