Pool fencing and safety laws

Pool and spa responsibilities

Under the Building Act 1975, a swimming pool is taken to include a spa.

By law, you must register your pool. You can find out whether your pool is registered by doing a property search.

You will be fined if your pool isn’t registered.

All new swimming pools need building development approval and must comply with the pool safety laws.

You should also contact a building certifier or your local council for information about building development approval for pools.

Pool safety laws apply to both outdoor and indoor swimming pools.

Bathroom spas are not considered swimming pools unless they are continuously filled to a depth above 300mm.

Find out your responsibilities, including how to get a pool safety certificate, if you are selling or leasing your property.

If you’re a property owner

As a property owner, you must:

• ensure your pool fences comply with the law
• maintain the pool fence
• remove any objects (such as furniture) that would allow children access to the pool
• repair any damage immediately.

Read about the standards for pool fences and safety barriers in Queensland.

If you’re a tenant

As a tenant, you must:

• ensure the pool gate is closed
• remove any objects (such as furniture) that would allow children access to the pool.

Portable pools

Your portable pool (including portable spas) must comply with pool safety laws if it:

• can hold more than 300mm of water
• has a volume of more than 2,000 litres.

or

• has a filtration system.

If your pool meets one of the above criteria, you need to:

• get building approval (particularly for the pool safety barriers)
• get a certificate from a licensed building certifier stating that your pool complies with relevant pool safety laws

and

• register your pool.

Queensland's pool safety laws don’t apply to portable pools that meet all of these criteria:

• You can't fill it with more than 300mm of water.
• It has a maximum volume of 2,000 litre.
• It has no filtration system.

Exemptions

If you have a disability

If you (or someone living in the property) have a disability, you can apply to your local council for an exemption from part(s) of the pool safety laws related to pool fencing.

You will only be able to get an exemption if the local council believes that:

• you live or will live in the property where the pool is located
• you wouldn’t be able to access the pool if the fencing complied with the pool safety laws.

If it is impractical

If following the pool safety laws is physically impractical, you can apply to your local council for an exemption from part(s) of the pool safety laws related to pool fencing.

This exemption will only apply to the extent necessary to overcome the impracticality.

More information

For more information, contact the Queensland Building and Construction Commission on 13 93 33.

• Read about laws for building a house.
• Read about laws about plumbing work on your property.
• Find out how to resolve a building dispute.