Swimming Pools & Spas

A swimming pool, as defined in the Building Act 1975, includes any excavation or structure capable of being filled with water to a depth of 300mm or more, and capable of being used for swimming, bathing, wading, paddling, aquatic activity and was manufactured or is being used as such. In Queensland, all regulated pools and spas must be registered with the Queensland Building and Construction Commission.

From 1 December 2015, it is mandatory that all pools in Queensland - including spas (portable and fixed) and portable pools - comply with the pool safety standard.The pool safety standard for Queensland, the Queensland Development Code Mandatory Part 3.4, is to be read in conjunction with AS1926.1.The standard covers such things as the height and strength of barriers, mandatory non-climbable zones, gates and their latching requirements and preventing direct access from a building into a pool area. Fines apply for non-compliance.

Some inflatable wading pools are also subject to State regulation. An inflatable wading pool is classified as a "regulated swimming pool":

• if it can be filled with water to a depth of 300mm or more; or
• it holds more than 2,000 litres of water; or
• it has a filtration system.

Pool Safety Register and safety certificates.
All new swimming pools and spas require building approval from a Private Building Certifier.

All residential pools and spas in Queensland must be registered with the Queensland Building and Construction Commission (QBCC). There is no charge to register a pool, however, failure to register a pool can incur a fine. The Pool Safety Register is a state-wide database that keeps a record of all the regulated pools in Queensland.

• Visit the QBCC website to search the Pool Safety Register or to register your pool in the Pool Safety Register.
• For more information, phone the QBCC on 139 333.

The Queensland Government requires you to have a Pool Safety Certificate (referred to as Form 23) when buying, selling or leasing a property with a pool or spa. These certificates are issued by a licensed pool safety inspector are valid for one year for a shared pool and two years for a non-shared pool. Once a certificate expires, a new certificate is not required unless the property is sold or leased again.

Pool owners seeking a pool safety certificate need to contact a Licensed Pool Safety Inspector to arrange an inspection. Pool Safety Inspectors can only issue a certificate when they have placed the certificate details onto the state-based Pool Safety Register.

Visit the QBCC Pool Safety website for more information about swimming pool safety requirements and to search for a licensed Pool Safety Inspector.

It’s your responsibility to ensure that the pool (including the barriers for the pool) is properly maintained at all times to comply with the pool safety standard under The Building Act 1975. 

Queensland pool safety laws apply to all pools and spas that: 

• Hold more than 300mm of water; or 
• Have a volume of more than 2000L; or 
• Have a filtration system 

It is recommended you engage a licensed pool safety inspector to inspect your pool and confirm it is compliant. 

Before a newly constructed pool is filled with water the pool must be compliant with the pool safety standard, a building certifier is required to provide a certificate in the approved form stating the pool is a complying pool.

If you don’t want to comply with the standards, pool safety legislation provides an opportunity for the pool owner to decommission their swimming pool (including portable spa pools) as an alternative to complying with the pool safety standard. 

Tenants also have responsibilities, including:

• keeping pool gates closed
• ensuring there are no objects that would allow children to access the pool unattended.

All pool owners must register their pool on the statewide pool register.

Pool fences: It's the law and your responsibility

If you own a pool, you must construct and maintain a pool fence that complies with current standards, regardless of when the pool was installed.

• It shall be a permanent structure and meet strength and rigidity testing.
• The effective height shall be not less than 1200mm and shall include a continuous non-climbable zone of 900mm.
• The maximum distance from the bottom of the barrier to the ground level is not to exceed 100m.
• The maximum gap anywhere in the fence is not to exceed 100mm.
• All objects inside the pool fence that may provide footholds must be a minimum of 300mm away from the fence or appropriately shielded.
• Gates need to open outwards, away from the pool enclosure with a full arc of operation and be self-closing and self-latching from all open positions.
• Direct access from a dwelling into a pool enclosure is not permitted. All entry to a pool must be through an approved gate.
• A building with windows that open more than 100mm directly into a pool enclosure must have a permanently fixed security screen fitted or be permanently closed.
• A current resuscitation sign must be displayed prominently in the pool area. View the Building Regulation 2006 for specifications.
• The walls of an above ground pool may form part of the fence if they meet the minimum 1200mm above ground height and 900mm non-climbable zone.
• If your property boundary fence forms part of the pool fence, it must comply with these standards. This applies also when the boundary fence is common, shared between neighbours. Talk to your neighbour if you’d like the shared boundary fence to become part of a pool fence. Part 2A of Chapter 8 in the Building Act 1975 details requirements for pool owners proposing to use or build a fence on a common boundary as a pool fence. Also, read Chapter 2 in the Neighbourhood Disputes Resolution Act 2011.

Pool safety certificates

A pool safety certificate, issued by a licensed pool safety inspector, is required when

• leasing a property 
• purchasing a property 
• selling a property 

Pool safety certificates are valid for one year for a shared pool and two years for a non-shared pool.

How to get a pool certificate

Only a pool safety inspector—licensed by the QBCC—can issue pool safety certificates. 

You can find a licensed pool safety inspector. The register includes inspector contact details and the local government areas where they work.