Ensuring pool safety is a critical responsibility for property owners in Queensland. The state has specific regulations and standards in place to protect residents, especially young children, from pool-related accidents. It’s important to understand the obligations that pool owners must adhere to, including obtaining necessary certificates, maintaining safety standards, and understanding the potential consequences of non-compliance. By familiarising yourself with these regulations, you can help ensure that your pool is both safe and legally compliant.
The Building Act 1975 (Qld) requires owners of swimming pools to comply with the pool safety standard in Part MP3.4 of the Queensland Development Code. The standard deals primarily with swimming pool barriers to prevent unauthorised access, particularly by young children.
Pool owners, including bodies corporate, are responsible for ensuring the barrier complies with the pool safety standard at all times. This includes maintaining the integrity of the barriers and ensuring gates and latches are functioning correctly.Pool owners may be committing an offence by failing to comply with their pool safety obligations, and penalties may be applied for non-compliance.Prior to entering into a Contract of Sale, a Seller must either:Obtain a Pool Safety Certificate, orProvide the Buyer with a Form 36 “Notice of No Pool Safety Certificate”
A regulated swimming pool is any excavation or structure capable of being filled with water to a depth of 300mm or more, including a pool, spa, or wading pool. However, it generally does not include a fish pond (or similar ornamental water feature), dam, water tank, watercourse, spa bath in a bathroom (unless continually filled with 300mm or more of water), or birthing pool.
Residential non-shared pools generally only exist on properties that are not units. If there is a non-shared swimming pool on the Property (or on adjacent land used in association with the Property) and there is no Pool Safety Certificate (‘PSC’) or Exemption Certificate (‘EC’) in effect, the Seller must not enter into a contract to sell the Property without giving the Buyer a Form 36 Notice of No Pool Safety Certificate.<h2> What is the Buyer's responsibility if they settle without a current Pool Safety Certificate or Exemption Certificate? <h2> A Buyer who settles without a current PSC or EC will be responsible for obtaining a PSC and carrying out all works (at their cost) required to meet the standard (e.g. upgrading the pool fence).
Although the clear intention of the legislation is to ensure that all swimming pools comply with the relevant standard, it appears that the legislation will allow a period of 90 days after settlement to attend to these requirements. However, Buyers should be aware of the possibility of a fine being imposed for a failure to comply with the standard regardless of the 90‑day timeframe.
Unless the Seller gives a Form 36 Notice of No Pool Safety Certificate before entering into the Contract, the Seller must give a PSC or EC at or before settlement, failing which the Buyer can terminate the Contract. If any certificate provided expires before settlement, the Seller must obtain a new certificate before settlement.
Residential shared pools generally exist on common property in Community Titles Scheme complexes or other body corporates, and the body corporate must obtain the PSC. The Seller must give a Notice of No Pool Safety Certificate where a PSC is not in effect:Before they enter the Contract; andBefore settlement – to the body corporate (usually the owner of the shared pool) and the QBCC.The consequences are that the body corporate must obtain a PSC at its cost and may be liable for a financial penalty for not already having obtained the certificate. The Buyer may then be called on to contribute their proportionate share of the cost to obtain the PSC and any penalties imposed on the body corporate, through body corporate levies.
If there is no PSC for a pool, the owner is prohibited from entering into a lease or tenancy without obtaining one.
There are substantial penalties for non-compliance, including fines and possible legal action to enforce compliance.
Owners of swimming pools are responsible for ensuring that their pool is recorded in the Pool Safety Register. Failure to do so can result in a fine and other penalties for non-compliance. This registration helps authorities keep track of pool safety standards and ensures that all pools meet the necessary safety requirements.
Disclaimer: Every property transaction is different, and the information provided may not be relevant to your circumstances. By using this site you agree that the information provided is for general purposes only and does not constitute legal, financial, or professional advice.
