Buy, sell or lease a property with a pool
All pool owners, including body corporates, are responsible for ensuring the barrier complies with the pool safety standard at all times. In addition, if you are buying, selling or leasing a property with a pool you must get a pool safety certificate (if there is not a current certificate in place).
Non-shared pools
The rules, around when to get a certificate, are slightly different depending on whether the pool is shared or not. You can find more information below.
Check if your property has a current pool safety certificate
Pool safety certificates are important for checking that your pool is compliant and safe. They are needed when properties with regulated pools are sold and leased to make sure that new owners and occupiers are safe.
Pool safety certificates are issued by pool safety inspectors.
To get a pool safety certificate for your property, find a licensed pool safety inspector.
You can check our pool register to see if the property you are selling, buying or leasing has a current certificate.
Non-shared pools
When a property with a non-shared pool is sold or leased, a pool safety certificate. must be obtained.
If selling a property with a current pool safety certificate, you must give the buyer a copy before settlement. Pool safety certificates are valid for 2 years for non-shared pools.
If you cannot obtain a pool safety certificate, you must lodge a Form 36 – notice of no pool safety certificate. More information about this process is provided below.
If you do not have a pool safety certificate you must still make sure that your pool barrier is compliant at all times.
If you buy a property without a pool safety certificate you must get one within 90 days of settlement.
You must still make sure that your pool barrier is compliant with the pool safety standard at all times.
If you want to lease your home or townhouse with a non-shared pool, you must not enter into an accommodation agreement unless a pool safety certificate is in effect.
Shared pools
It is the pool owner's job to obtain safety certificates for shared pools. This is usually the body corporate.
They must share the certificate with individual owners.
If selling with a property with a pool safety certificate, you must give the buyer a copy before settlement. Pool safety certificates are valid for 1 year for shared pools.
If you are selling your home, unit or townhouse that has a shared pool and there is no pool safety certificate, you must lodge a Form 36 – notice of no pool safety certificate. More information about this process is provided below. In this case, the owner of the pool (usually the body corporate) must obtain a pool safety certificate within 90 days of settlement.
If you buy a property with a shared pool without a pool safety certificate the pool owner (usually the body corporate) must get one and provide you a copy of it within 90 days of settlement.
If your property has a manager they are responsible for keeping the pool safe and ensuring tenants and owners understand the pool safety laws.
The pool owner, body corporate or manager must also make sure that the pool complies with the pool safety standard at all times.
More information for property agents and property managers:
If leasing a property with a pool safety certificate, you must give a copy to:
- the new occupier
- the owner of the pool (usually a body corporate).
A copy of the pool safety certificate must be displayed as near as practicable to the entrance of the premises or the access to the pool.
If you are leasing with a shared pool without a current pool safety certificate, you must fill out and submit Form 36 – notice of no pool safety certificate. More information about this process is provided below.
If a Form 36 is lodged for the property owner of the pool (usually the body corporate) then has 90 days to obtain a pool safety certificate.
Selling at auction
If a property with a pool is being sold at auction and there is no current no pool safety certificate, the owner or their agent (e.g. auctioneer, real estate agent etc.) must give prospective buyers a copy of the Form 36—notice of no pool safety certificate (PDF 137.99KB) before entering into a contract of sale.
Lodging a Form 36–notice of no pool safety certificate
If there is no active pool safety certificate for the property, a Form 36 must be lodged with the QBCC and a copy provided to the buyer before settlement.
Option A: Submit a digital online form
Register on the QBCC Portal and navigate to the drop down list under the pools heading.
Option B: Download and submit a PDF form
Send your swimming pool forms to the swimming pools team:
- by email: poolsafety@qbcc.qld.gov.au
- in person at a QBCC service centre
- by mail.
Maintain safety standards
A Form 36 is not an exemption from complying with the requirements of the pool safety standard. If you are a pool owner, you are responsible for ensuring the pool barrier complies with the pool safety standard at all times. You must also ensure all barriers for the pool are kept in good condition
Your local council can fine you if your pool barrier does not comply with the standard, even if you have you have a certificate. It is the pool owner's responsibility to ensure their pool barrier is compliant.
