Swimming Pools

Local government has obligations, responsibilities and powers related to the enforcement of Queensland's pool safety laws, including:

• Compliance inspections
• Information & record keeping
• Deciding on & revoking exemptions
• Powers of entry
• Cancelling pool safety certificates
• Issuing enforcement notices
• Prosecution powers including on-the-spot fines

Only a pool safety inspector—licensed by the Queensland Building and Construction Commission (QBCC)—can issue pool safety certificates.

Depending on the result of the inspection, the pool safety inspector will issue either:

• a pool safety certificate if it conforms to the safety standards; or
• non-conformity notice  if it does not conform.

A list of licnesed pool safety inspectors is avaliable on the QBCC 'Pool Safety Inspector Search' webpage.  

Alternatively, Council also offers a pool safety inspection service.  If you wish to engage Council to conduct your pool safety inspection, please complete and submit an application for a Swimming Pool Safety Compliance Certificate (PDF 454.8KB) with the relevant fee.

More information about about when are legally required to get a pool safety certificate can be found on the Queensland Building and Construction Commission website.

All residential pools and outdoor spas in Queensland must be registered with the Queensland Building and Construction Commission (QBCC).  Fines apply where your pool has not been registered. 

If you are unsure whether your pool is registered or need to register your pool, follow this link to the QBCC 'Register a pool' webpage.

A fence or barrier is required around any swimming pool (including spa pools, spa baths and portable pools) that is:

• capable of holding a depth of water of 300mm or more; or
• has a volume of greater than 2000 litres; or
• has a filtration system . 

The fence or barrier must comply with the Queensland Development Code MP 3.4, and is required even if the pool is only installed temporarily, for example an inflatable paddling pool available at discount stores.  

Installation of a pool fence requires a building approval from Council.  Refer to Councl's Building Approval webpage for information about how to apply.   

The principal legislation regulating swimming pool safety in Queensland is the Building Act 1975 (BA). The BA contains provisions about when a fence or barrier is required and refers to subordinate legislation for more technical requirements, including the Building Regulation 2021, Queensland Development Code MP 3.4 and Australian Standard 1926.1−2012.

Guidelines on how to navigate these legislative requirements are avalaible on the Queensland Governement 'Pool Safety Guideline' webpage. 

Key points to note:

• A pool owner is required to obtain and maintain validity of a pool safety certificate (Form 23) issued by a licensed Pool Safety Inspector when selling, buying or leasing a property with a pool – Pool Safety Certificates are valid for one year for shared pools and two years for non-shared pools); and
• The pool safety laws apply to all pools and spas associated with houses, units, hotels, motels, backpacker hostels, caravan parks and other forms of short term accommodation; and
• Pool safety laws apply to all indoor pools and spas as well as outdoor pools and spas; and
• If you are selling a property with a non-shared pool or spas, such as pools for houses or townhouses or units with their own pool or spa, you must have either a Form 23 – Pool Safety Certificate issued before settlement of a contract or a Form 36 – Notice of no pool safety certificate issued before contract advising the buyer that a certificate must be obtained within 90 days of settlement.