The Pool Price

Queensland: the pool safety certificate

Queensland ties the certificate to the transaction. Sell or lease a property with a pool and a certificate has to be in play, either yours or a notice saying there is not one.

Last checked

A Queensland pool safety certificate lasts 2 years for a non-shared pool and 1 year for a shared one. You cannot lease a property with a non-shared pool without one: the rule is a current certificate before the lease is signed. Sellers without a certificate lodge Form 36.

The Queensland system is the most transaction-driven in the country. Nobody knocks on your door every few years. The certificate matters the moment you list the house or sign up a tenant, which is exactly when a failed gate is most expensive to discover.

When a Queensland pool safety certificate is needed A loop of four steps: a licensed pool safety inspector inspects the barrier, a certificate is issued and recorded on the pool safety register, the certificate is given to a buyer before settlement or to a tenant before the agreement, and the certificate expires after one or two years depending on whether the pool is shared. Sell or lease what puts the certificate in play Inspection By a licensed inspector Certificate issued Recorded on the register Given to buyer or tenant Before settlement or signing Certificate expires 1 or 2 years, by pool type
A certificate expires. A transaction is what makes the expiry matter.

How long does a certificate last?

It depends on who uses the pool. A non-shared pool, the one behind a single house, gets 2 years. A shared pool, the kind a body corporate looks after in a unit block, gets 1 year, because more people and more gates mean more chances for something to drift.

How long a Queensland pool safety certificate lasts Bar chart comparing certificate validity: two years for a non-shared pool, one year for a shared pool. Non-shared pool, one household 2 years Shared pool, body corporate 1 year 0 years
Certificate validity by pool type. Bar length is proportional to the figure shown.
See this chart as a table
ItemFigureSource
Non-shared pool, one household 2 years QBCC: Buy, sell or lease a property with a pool
Shared pool, body corporate 1 year QBCC: Buy, sell or lease a property with a pool

What does a seller have to do?

If you hold a current certificate, the job is small: before settlement. If you do not, you lodge Form 36, a notice that there is no pool safety certificate, with the QBCC and hand the buyer a copy. At auction the buyer needs it before the contract is entered into, not after the hammer falls.

The notice is not a loophole so much as a transfer. A buyer who receives one must get a certificate within 90 days of settlement, and for a shared pool it is the pool owner, usually the body corporate, who must get one and give the buyer a copy within 90 days of settlement.

Which means the cost does not disappear at settlement. It moves to the other side of the table, and buyers price it in. Getting the inspection done before you list is usually cheaper than the discount a buyer will ask for.

The Queensland sale sequence Sequence for a Queensland sale: with a current certificate the seller gives the buyer a copy before settlement; without one the seller lodges a Form 36 notice with the QBCC and gives the buyer a copy; the buyer must then obtain a pool safety certificate within 90 days of settlement. before settlement With a current certificate, give the buyer acopy Form 36 Without one, lodge this notice with the QBCCand give the buyer a copy within 90 days of settlement The buyer must obtain a certificate by then
Selling with and without a certificate. Steps marked in yellow are required by law.
See this timeline as a table
WhenWhat has to happenSource
before settlement With a current certificate, give the buyer a copy QBCC: Buy, sell or lease a property with a pool
Form 36 Without one, lodge this notice with the QBCC and give the buyer a copy QBCC: Buy, sell or lease a property with a pool
within 90 days of settlement The buyer must obtain a certificate by then QBCC: Buy, sell or lease a property with a pool

What about leasing?

Stricter, and worth reading twice: for a non-shared pool a current certificate before the lease is signed. There is no equivalent of the seller's notice for a private pool, so the barrier has to be right before a tenant signs anything.

For a shared pool the arrangement is different, because the body corporate holds the certificate for the common pool. If you are letting a unit, ask the body corporate for the current certificate rather than assuming one exists.

Does anyone check between transactions?

Yes. Councils are authorised to check that a pool complies, and the regulator states plainly that it can fine you where a pool is not registered or not compliant. A pool that has been fine for six years without a certificate is not evidence that certificates are optional. It is evidence that nobody has looked.

What gets measured

Queensland publishes the clearest barrier numbers in the country, which is why the rest of this site leans on them: at least 1200 mm for the fence, no more than 100 mm underneath, a 900 mm non-climbable zone, and a gate that must self-close and self-latch from any open position. The full set is in pool fence rules.

If you are mid-transaction, the compliance checker will list the Queensland obligations for selling or leasing with the deadlines attached.