Pool safety and compliance

A Form 23 – Pool safety certificate can only be issued by a pool safety inspector. It confirms that a swimming pool and safety barrier meets safety standards.

You can check if a property has a current pool safety certificate. Go to the Queensland Building and Construction Commission (QBCC) website and search the Pool Register.

You can also find licensed pool safety inspectors on the QBCC website.

Form 23 certificates are valid for:

• one year for shared pools
• two years for non-shared pools

For more information on pool safety regulations, see Pool safety – Queensland Government.

Drowning is one of the leading causes of death in Queensland for children under the age of five.

Follow the ABC of pool safety to keep children safe around swimming pools:

• Always supervise your children near a pool.
• Begin swimming lessons for your children.
• Close the pool gate and keep your fence maintained.

Local governments have responsibilities and powers under Queensland’s pool safety law, including:

• performing mandatory compliance inspections
• managing information and keeping records
• deciding on and revoking exemptions
• invoking powers of entry
• cancelling pool safety certificates
• issuing enforcement notices, on-the-spot fines and penalties.
  
  

As a property owner, you’re responsible for ensuring that your pool and the fence around it are both compliant.

This means you must:

• ensure the pool is located in an appropriate place on the property
• get a building approval for any development work
• install and maintain a compliant pool safety barrier or fence
• get a Form 17 – Final inspection certificate before filling the pool with water
• display appropriate signage clearly around the pool area
• keep the area around the pool fence clear of any objects that children could use to access the pool
• use the pool safety checklist(PDF, 350KB) to routinely inspect the pool for compliance
• register the pool on the QBCC Pool Register
• maintain a working filtration system and chlorination system for a healthy pool.

If you’re renting a property that has a pool, your landlord must ensure that the pool and fence follow the law. But as a tenant, you also have responsibilities, including:

• keeping the gate to the pool closed
• displaying appropriate signage clearly around the pool area
• keeping the area around the pool fence clear of any objects that children could use to access the pool
• using the pool safety checklist(PDF, 350KB) to routinely inspect the pool for compliance.

If you set up a portable pool that counts as a swimming pool, you must ensure the pool and the fence around it are compliant.

Motels, units and caravan parks often have shared pools. If you own or manage a property with a shared pool, you must:

• ensure the pool fence complies with the law
• maintain the fence at all times in line with the pool safety standard QDC MP 3.4.
• display a valid Form 23 – Pool safety certificate close to the pool entrance or the building’s main entrance.

If you’re selling or renting out a property with a pool or spa, you must get a Form 23 – Pool safety certificate from a licensed pool safety inspector.

If you can’t get a pool safety certificate before settlement, you must provide a Form 36 – Notice of no pool safety certificate. This lets the buyer or tenant know that you must provide the Form 23 certificate within 90 days of settlement.

Search the register for a licensed pool safety inspector at myQBCC.

We apply Heritage and Neighbourhood Character planning overlays in historically significant areas.

If you own a property in one of these areas, you may have extra requirements when building on or developing it.

Our online mapping service can help work out if your property is a Heritage or Neighbourhood Character Place.

For more information, see Register of Heritage and Neighbourhood Character Places.

There are rules for how far a pool must be from property and road boundaries.

Road boundaries

If the top edge of your pool will be less than 1.2m above finished ground level, the pool must be at least 1.5m from the road boundary.

This doesn't apply if you have a solid wall or fence between the pool and the road front. The wall or fence must have a top that is:

• at least 1.8m high above finished ground
• at least 1m taller than the top edge of the pool.

Side and rear boundaries

In most cases, your pool must be 1.5m from both the side and rear boundaries of your property. This is to stop water from going into neighbouring properties.

You can build the pool closer to your side boundary if you build a solid wall or fence between the pool and the boundary. The wall or fence must be:

• at least 1.8m high above finished ground
• at least 1m taller than the top edge of the pool.

For more information, see Building near a boundary or infrastructure.

The pool must also be clear of Council infrastructure. This includes water, sewer or stormwater services.

Before starting any groundworks, visit Before You Dig Australia. Check for any underground pipe or cable networks.

For more information, see building near a boundary or infrastructure.

In line with QDC MP 3.4, the main requirements for pool fencing are:

• The pool fence must be a permanent structure.
• The effective pool fence height must be at least 1.2m and include a continuous non-climbable zone.
• The measurement from the bottom of the pool fence to the ground must be less than 100mm.
• Any gaps in the pool fence must be less than 100mm.
• Any object outside the pool area that could provide footholds must be at least 900mm away from the fence.
• Pool gates must be self-closing and self-latching, and must open outwards away from the pool.
• There must be no direct access to the pool from the house. All entries to the pool must be through an approved and compliant pool gate.

A climbable object can be:

• any object on or near the fence that could be a foothold
• any part of the fencing that has a flat surface more than 10mm wide
• other parts of the fencing (such as bracing, rails or wire) or any indentation in the surface that creates a wide, flat surface
• the top of any other part of the fencing more than 50mm wide.

Pool fences made of perforated materials or mesh must meet the Australian Standards:

• AS 1926.1
• AS 1926.2.

Above-ground swimming pools

The wall of an above-ground pool may form part of a compliant pool fence if it is:

• at least 1.2m above ground level
• non-climbable on the outside with no bracing or supports on the side of the pool.

You must have a designated access point to the pool, such as a ladder. This must have a compliant fence around it and a self-closing gate that meets the pool safety standard.

Spa pools

All spa pools are defined as swimming pools under Queensland law.

It doesn't matter whether the spa is portable, fixed, above-ground or has a lockable lid.

This means all spa pools must have a compliant safety fence as per a swimming pool.

Portable or inflatable pools

Most portable and wading pools count as swimming pools under the law. This means they need a compliant pool fence.

This applies even if you:

• only use your pool for short periods in summer
• store your pool in a shed when you're not using it
• set up your pool in a different location each time you use it.

You need a compliant safety fence around it when it's in use.

The only portable pools that aren't covered by the pool laws are small wading pools that:

• cannot be filled deeper than 300mm (standard ruler height)
• cannot hold more than 2000L of water (about 7 bathtubs)
• have no filtration system (pump and filter).

If your portable pool meets these criteria, it does not count as a swimming pool.

Indoor pools

Indoor swimming pools must have a compliant fence that blocks access from the house.

This safety barrier must follow pool fencing standards, which means it may need approval.

Pools on rural properties

Swimming pool safety legislation applies to pools in both town and rural areas.

This means you must get a building approval for a pool and safety barrier on a rural property.

A building certifier must inspect and certify the completed pool and fence.

If you're not sure if your fence is compliant, you can do a check yourself using our pool safety checklist(PDF, 350KB). For more specific information, see the QDC MP 3.4.

A pool safety inspector can also inspect the fence. They can advise you on compliance with the pool safety standard.

If the inspector has an unrestricted licence, they can do minor fence repairs under the Building Regulation 2006 (Qld), Schedule 2B.

If fixing the fence is a bigger job, you may need to apply for a development approval for building work.

To find out if you need approval:

• call us on 131 872
• talk to a licensed building certifier.

If your pool fence needs upgrading

If the inspector finds that your pool fence is not compliant, you have a few options.

If the works are minor (as per the Building Act 1975 (Qld) Schedule 2B and 2C), you have two business days to either:

• make the necessary repairs or changes
• request a re-inspection in three months and complete the work in that time.

If the work is outside the scope of minor works, you may need a building approval.

If that's the case, you have five business days to get approval from a licensed building certifier.

If you don't meet these requirements in the set timeframe, the inspector will issue a Form 26 – Non-conformity notice. You may then be issued with an enforcement notice and a penalty infringement notice.

You may be eligible for an exemption under certain circumstances.

If a disabled person lives on the property and installing a compliant pool fence is not practicable, you can apply for an exemption.

We may set conditions to prevent an unsupervised child accessing the pool area. We may also ask you to get a building approval if there's an alternative solution.

To apply for an exemption:

• complete a Form 28 – Application for pool safety standard exemption
• lodge it with us, along with the required supporting documentation
• pay the relevant fee.

We have the right to revoke an exemption under the Building Act 1975 (Qld).

If we do, as the pool owner, you must then ensure the pool fence meets the current pool fencing standards.

To find out more:

• call us on 131 872
• visit your local Customer Service Centre.

Pool fencing laws allow the dividing fence (or boundary fence) to form part of the pool fence. But this dividing fence must be in line with the fencing standards in the QDC MP 3.4.

It must also be difficult for a child to dig through or under the fence. For example, the ground surface should be:

• natural ground
• concrete
• gravel
• lawn
• pavers.

If your pool fence is on a boundary, you're responsible for maintaining the fence to safety standards. You're also responsible for any costs related to the fence, including:

• building it
• maintaining it
• upgrading it.

Where there is a pool on both sides of a boundary fence, both pool owners share the cost and responsibility of the fence.

All other parts of the dividing fence that are not part of the pool safety barrier come under the:

• Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld)
• Building Act 1975 (Qld).

If the existing boundary fence does not meet the safety standards, you can't use it as part of the pool fence.

For more information, see Dividing fences.

Contact us to report unsafe or non-compliant pool fencing. To help with our investigation, please provide the property address.