Selling Your Home with a Pool?
Queensland law requires specific pool safety steps before you can settle the sale of a property with a swimming pool. Here's everything sellers, buyers and real estate agents need to know. 🏡
Pool Safety & Property Sales in Queensland 🏊
Do You Need a Pool Safety Certificate to Sell? 🤔
No — it is NOT a legal requirement in Queensland to have a valid pool safety certificate before selling your home. While every pool owner should make compliance a priority for the safety of their family and neighbours, not having a certificate will not hold up or prevent the sale of your property. Real estate agents have often incorrectly stated that a certificate is legally required at the point of sale — this is not the case.
That said, a non-compliant pool can be a significant deterrent for buyers. Many buyers see it as an unknown cost and hassle they'd rather avoid.
Option 1 — Sell Without a Certificate
You must disclose this on the contract of sale and lodge a Form 36 (Notice of No Pool Safety Certificate). The new owners then have 90 days from settlement to obtain a certificate and bring the pool into compliance.
Option 2 — Get Certified Before Selling ✅
Book a pool safety inspection and get your certificate sorted before listing. It removes a potential objection for buyers, speeds up the sale process, and gives everyone peace of mind.
Queensland's pool safety laws apply to pools on properties with houses, townhouses, units, hotels, motels, backpacker hostels, home stay accommodation and caravan parks (class 1–4 buildings).
Before drowning-prevention legislation was introduced, drowning was one of the leading causes of death in Queensland for children aged under 5. Effective pool fencing and pool safety certificates help keep young children safe.
Types of Pools Under QLD Law 🏠
Non-Shared (Residential) Pools
A pool accessible to residents of only one dwelling, such as a private house or a private spa on a unit balcony. Certificate valid for 2 years.
Shared Pools
A pool accessible to residents of two or more dwellings, such as in a residential unit complex. Certificate valid for 1 year.
Spas & Portable Pools
Pool safety laws cover spas and portable pools capable of being filled to 300mm+ depth, with 2,000L+ volume, and a filtration system.
Seller's Checklist — What You Must Do
Get a Pool Safety Certificate
Only a QBCC-licensed pool safety inspector can issue a pool safety certificate. A certificate is valid for 1 year for a shared pool and 2 years for a non-shared (residential) pool.
No Certificate? Issue a Form 36
If no pool safety certificate is in effect before entering into a contract of sale, the seller must give the prospective buyer a Form 36 — Notice of No Pool Safety Certificate.
Before Settlement
If a certificate is in effect, give the buyer a copy before settlement. If not, provide a Form 36 with the settlement date and send a copy to the QBCC.
Buyer's 90-Day Obligation
If no certificate is in effect before settlement, the buyer has 90 days from settlement to obtain a pool safety certificate for a non-shared pool.
Selling at Auction? 🔨
If a property with a pool is being sold at auction and no pool safety certificate is in effect, the owner or their agent (auctioneer, real estate agent) must give prospective buyers a copy of the Form 36 before entering into a contract of sale.
Shared Pools & Body Corporate 🏢
For shared pools, the pool owner (usually the body corporate) has 90 days from settlement to obtain a pool safety certificate. A copy of the Form 36 must also be given to the body corporate.
The certificate must be displayed at the main entrance to the premises, or at a gate or door accessing the pool.
What Happens If the Pool Doesn't Comply?
If your pool fails inspection, here's the process — and the potential penalties for non-compliance.
Form 26 Issued
If a pool safety inspector is not satisfied the pool complies, they must issue a Form 26 — Pool Safety Non-Conformity Notice detailing the work needed.
Re-Inspection Within 3 Months
You must re-engage the original inspector for re-inspection within 3 months. It is an offence to ask a different inspector without QBCC written approval.
Local Government Enforcement
If no re-inspection is requested within 3 months, the inspector must notify local government who can take enforcement action.
Penalties Apply
Non-compliance penalties of up to $19,437 for individuals and $97,185 for corporations. On-the-spot fines of $1,884.80 (individuals) and $5,654.40 (corporations) also apply.
Dividing Fences & Pool Barriers ⚖️
Using a common boundary fence is often the most efficient way to comply with pool safety requirements. The Building Act 1975 and Neighbourhood Disputes Resolution Act 2011 encourage agreements between neighbours and 'like for like' replacement of fences.
If you're planning to use a dividing fence as part of your pool barrier, speak with your neighbour early and consider getting the fence inspected as part of your pool safety certificate process.
Selling Your Property? Get Your Pool Certified! 🏡
Don't let pool compliance hold up your sale. Book a licensed pool safety inspection today and get your certificate sorted.