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Pool regulations

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Learn about pool fence regulations, and safety standards for pools and spas in Brisbane.

Glass panel pool fencing on two sides of rectangular pool.

Pool regulations and safety standards

All pools need to comply with pool fencing regulations and safety standards to keep children, families and animals safe.

Pools that must meet these regulations and standards include:

  • swimming pools
  • spas (including those with lockable lids)
  • wading pools (excluding portable wading pools, unless they can hold 300 millimetres or more of liquid).

If you own a pool or live at a property that has a pool, it’s important to understand the rules and regulations detailed below.

Property owners must:

  • register the pool with the Queensland Building and Construction Commission (QBCC)
  • ensure the pool is enclosed by a barrier that complies with the pool safety standards
  • ensure a CPR (cardiopulmonary resuscitation) sign is displayed in a prominent location.

Tenants must:

  • keep the pool clean
  • keep pool gates closed at all times
  • let the owner of the property know if the barrier is damaged
  • ensure there are no climbable objects around the pool that would allow children to access it unattended (e.g. chairs or tables).

Swimming pools must be enclosed by an approved barrier to reduce the risk of children accessing the area unsupervised.

Barriers include:

  • fencing
  • walls of a building enclosing the pool
  • another barrier mentioned in the pool safety standard.

The barrier must meet Queensland Government pool safety legislation under Chapter 8 of the Building Act 1975.

All pools must meet the safety standard to minimise pool-related incidents and injuries.

The pool safety standard provides requirements for:

  • fences and barriers
  • non-climbable zones
  • gate requirements
  • pool area access and signage.

Council conducts pool safety inspections at random to ensure pool barriers don’t pose a safety risk.

If your pool isn't compliant, you may be fined and given a timeframe to make the necessary changes to your pool. 

Licensed pool safety inspectors check pools to ensure they comply with the pool safety standard. 

You may need to contact a private pool safety inspector if you buy, sell or lease a property with a pool.

Find a licensed pool safety inspector to conduct your pool inspection.

If you’re building a pool, make sure you understand the relevant legislation and building approvals.

If you’re leasing, selling or buying a property with a pool, you need a safety certificate.

Pool safety certificate

A pool safety certificate is issued by a licensed pool safety inspector. It confirms that a pool is safe and complies with the relevant requirements and standards.

Safety certificates are valid for:

  • one year for a shared pool
  • 2 years for a non-shared pool.

You may need to get a certificate if you’re leasing, selling or buying a property with a pool.

You can access a copy of the certificate on the QBCC pool register.

Before a lease is signed, the landlord or body corporate must obtain a pool safety certificate.  

The certificate covers any leases or renewals that occur within that period.

You can sell a property with or without a pool safety certificate.   

If you’re selling with a certificate, you must give the buyer a copy before settlement.   

If you’re selling without a certificate, you must provide a Form 36 - Notice of No Pool Safety Certificate to the:  

  • potential buyer
  • Queensland Building and Construction Commission
  • pool owner for shared pools (e.g. body corporate).

If you buy a property without a pool safety certificate, you must get a certificate within 90 days of settlement.

Understand pool legislation and building approval

If you're building a pool, you must have approval and ensure it complies with the relevant legislation and standards.

Contact a building certifier to arrange building approval for your pool.

To find out more about pool safety regulations, read the: 

Exemptions

You may be able to apply for a disability or impracticality exemption from pool fencing.  

information outline

Note

Council considers the safety of young children before giving any exemptions.

Disability exemption

You can apply for an exemption if a person with disability lives at your property.
 

Your application must include:

  • the form and extent of the disability
  • whether the person with disability uses a wheelchair
  • whether the person with disability requires a full-time carer
  • medical evidence such as a certificate or letter from your doctor
  • a description of the barrier regulations that prevent the person with disability from entering and exiting the pool
  • a description of the replacement measure that will prevent young children accessing the pool.

Impracticality exemption

You can apply for an exemption if you’re carrying out certain building works, including:

  • moving or demolishing a building or part of a building
  • changing the location or size of the pool
  • removing vegetation protected from removal under an act or local law.

Your application must include: 

  • the part of the pool safety standard you’re seeking the exemption from 
  • a description of the replacement measure that will prevent young children entering the pool area.

Apply for an exemption

You can apply for a pool fencing exemption using the online form.

Pay the $528.45 fee using Visa or Mastercard.

Enforcement

Council issues on-the-spot fines for non-compliant pool fencing. Fines for inadequate fencing range from one penalty unit to 165 penalty units.

As of 1 July 2024, the value of a penalty unit is equal to $161.30.  

Wolan using a laptop at a covered outdoor table.

Frequently asked questions

You generally need a building approval to remove, demolish or fill an unwanted pool. 

The Building Act 1975 defines a swimming pool as an excavation or structure that can be:

  • filled with water to a depth of 300 millimetres or more
  • used for swimming, bathing, wading, paddling, or other aquatic activities
  • used, designed, manufactured, or adapted for any of these purposes.

This includes spas and non-portable wading pools.

Structures that don’t meet the criteria for pools include:

  • fishponds
  • watercourses
  • portable wading pools
  • birthing pools used solely for water births
  • ornamental pools manufactured to be used for ornamental purposes
  • dams used for aquaculture, marine research, or to store water
  • bathroom spa baths not continually filled with water.

Yes, spas and wading pools (other than portable wading pools) are classified as swimming pools. This means they must comply with the same fencing regulations and safety standards as swimming pools.

Learn more about pool safety regulations.

A portable wading pool is a shallow above-ground pool that can be assembled and disassembled.

Portable wading pools:

  • can be filled with water to a depth of less than 30 centimetres
  • have a volume of no more than 2,000 litres
  • have no filtration or pumping system.

If you own a portable wading pool, you must maintain it and keep the water clean.