Is your pool barrier
Non-Conformant?
Don't panic. A non-conformity finding is not the end of the world! Here's what actually happens — and what your options are.
Let's Work Together to Achieve Compliance
One of the biggest misconceptions about pool safety inspections in Queensland is that a non-conformity means you will immediately receive a formal notice and be reported to QBCC or your local council (as long as the minor rectifications are not life threatening and pose imminent risk to public safety). That's simply not the case.
Queensland's pool safety legislation provides a tiered rectification process designed to give pool owners a fair and reasonable opportunity to bring their pool barrier into compliance before a formal Form 26 (Non-Conformity Notice) is issued.
Most inspections that identify issues are resolved through the first two options below — a quick fix or a short agreement period.
The 3 Options Available to You.............Choose Your Path to Passing.
2-Day Quick Fix ⚡
Best case scenario
If your inspector finds minor issues, you can choose to undertake the minor repairs yourself and the inspector can reinspect within 2 days. If everything is compliant at that reinspection — no Form 26 is issued and you're in the clear - Pass. Simple things like a gate latch adjustment or moving a pot plant can often be sorted on the spot or within 48 hours.
20 Business Day Agreement 🤝
Inspector and owner agree
If the issues can't be resolved in 2 days the owner and pool safety inspector can agree that the inspector will undertake the minor repairs within 20 business days of the original inspection. The repairs must be carried out by the inspector — not the owner or anyone else. If everything is compliant after the repairs, no Form 26 is issued - Pass
Form 26 Issued 📋
When neither option applies
A Form 26 (Pool Safety Non-Conformity Notice) is only issued when the 2-day and 20-day options don't work practically. It gives you 90 days to complete any rectifications needed. The form is only sent to council or QBCC if you don't address the repairs within the 90 Days. We use our own version of the Form 26 which is allowed. See Page 16 of the Guideline for Pool Safety Inspectors 2024 issued by the Dpt of Housing, Local Govt, Planning & Public Works. "Form 26 - Pool safety nonconformity notice is the recommended form for a nonconformity notice. The pool safety inspector may use their version of this form."
What Happens When You are Issued a Form 26?
3-Month Reinspection Window
Once a Form 26 is issued, you have up to 3 months to rectify the non-conformities and arrange a reinspection with the same inspector who issued the notice.
Cannot Switch Inspectors
You must use the original inspector who issued the Form 26 for the reinspection. You cannot engage a different inspector without written approval from the QBCC.
Council Notification After 90 Days
If no reinspection is requested within 3 months, the inspector must — within 5 business days — notify your local council, who can then take enforcement action.
Right of Appeal
If you disagree with the Form 26 findings, you can appeal to a Development Tribunal within 20 business days of receiving the notice.
Fixing Non-Conformities 🔩
Some pool safety inspectors are licensed to carry out minor pool safety repairs themselves. Pool owners can also carry out some repair and maintenance work within certain limits without a building approval.
A building approval is not required for the following pool barrier fence repairs and maintenance, but they must still comply with the pool safety standard:
Repairing or adjusting a maximum of 2.4m of the fence or 2 posts
Securely attaching a shield (of any length) to make the fence comply with the non-climbable zone requirements
Securely increasing the fence height
Laying secure paving or concrete under a barrier to reduce the gap underneath
Repairing, replacing or adjusting a gate to ensure it self-closes and self-latches each and every time
Protecting a window or door — e.g. installing a fixed security screen, or permanently fixing a window or door so it cannot open more than 100mm
Removing or attaching a shield to climbable objects in the non-climbable zone
Contractor & Permit Thresholds
If you're engaging someone else to do the work, they must be appropriately licensed and hold a contractor's licence if the value of work and materials is $3,300 or more.
If you plan to do work yourself that you estimate will cost more than $11,000 (including labour and materials), you must get a QBCC owner builder permit before you start.
Need to Replace the Whole Barrier? 🏗️
Pool owners can replace an entire pool fence, but only if they engage a pool safety inspector before they start work. The inspector will:
Inspect the fence and determine what work is needed
Issue a temporary pool safety certificate (valid for 90 days) while work is carried out
Reinspect once the new barrier is installed to issue a full certificate
Important Resources 📋
Need Help Getting Your Pool Compliant? 📞
We'll walk you through exactly what needs fixing and help you get it sorted — quickly and affordably.