In New South Wales a contract for a home with a pool or spa must have one of three pool documents attached to it. In Queensland the seller gives the buyer a copy of a current pool safety certificate before settlement, or, if there is no current certificate, lodges a Form 36 with the QBCC and gives the buyer a copy before settlement.
General information, not legal advice. The rules here come from the NSW Government, the Queensland Building and Construction Commission and NT.GOV.AU. A lawyer or licensed conveyancer can say how they apply to a particular contract. Western Australia’s pool rules are not covered here.
2AFinding the certificate, or the gap
NSWThe NSW Swimming Pool Register shows whether a certificate of compliance has been issued for a property, and a certificate lasts 3 years. Every pool and spa owner must register the pool on that register.
QLDA pool safety certificate lasts 2 years for a non-shared pool and 1 year for a shared pool. Queensland’s page on selling privately says a seller with a pool must arrange a licensed inspector to check that it is safe, and inspectors must be licensed by the Pool Safety Council.
2BThe two states side by side
| Question | New South Wales | Queensland |
|---|---|---|
| What the buyer gets | Attached to the contract: a registration certificate from the Swimming Pool Register, and one of a valid certificate of compliance; a relevant occupation certificate issued within the last 3 years; or a valid certificate of non-compliance | A copy of the current pool safety certificate before settlement; or, with none in place, a copy of the Form 36 lodged with the QBCC |
| With no certificate of compliance | If a certificate of non-compliance is attached to the contract, the buyer takes on the obligation to obtain a certificate of compliance, and has 90 days from settlement to fix the defects it lists and obtain one, unless the certificate of non-compliance states that the pool poses a significant risk to public safety | For a non-shared pool, a buyer of a property without a certificate must get one within 90 days of settlement |
| At auction | Not covered here | With no current certificate, the owner or their agent gives prospective buyers a copy of Form 36 before a contract of sale is entered into |
| Units and shared pools | The attachment rule does not apply to a lot in a strata or community scheme of more than two lots, or to an off-the-plan contract; a pool on common property is the owners corporation’s responsibility | Where a shared pool has no certificate, the pool’s owner, usually the body corporate, must get one and give the buyer a copy within 90 days of settlement |
| A certificate is not the end of it | Changing the barrier, house and yard renovations included, brings in the current Act, Regulation and AS1926.1-2012, and earlier exemptions stop | A Form 36 is no exemption from the pool safety standard, and a council can fine an owner whose barrier does not comply, even with a certificate |
QLDEvery pool owner, body corporates included, is responsible for keeping the barrier compliant at all times.
2CWhat the NSW barrier is checked against
NSW requires owners of properties with pools, at all times, to keep a child-resistant barrier that separates the pool from any home and from any neighbouring place, and to have its fences designed, built, installed and maintained to the relevant Australian Standards. A pool fence must be at least 1.2 m high, measured from finished ground level, and where a boundary fence is part of the pool fence the barrier must be 1.8 m high. Portable pools that can be filled to 30 cm or more need a safety barrier too.
Some certifiers may make minor repairs, up to $1,000 including materials and labour, so that they can issue a certificate of compliance.
2DThe Northern Territory
NTFor a residential property under 1.8 hectares with a pool or spa, units and townhouses included, seller and buyer give the Land Titles Office documents confirming that the barrier is, or will be, compliant. For a pool built after 1 January 2003, the seller supplies a copy of the compliance certificate in their own name with the other transfer documents, and a seller who has lost the certificate, or holds none in their name, applies to have it reissued. After the sale, the buyer applies for a reissue in their own name.
Where a pool built before 1 January 2003 has never had a compliance certificate or acknowledgement notice, buyers can choose to take on the barrier upgrade within three months of buying, and can apply for more time during those three months. A few exceptions need no barrier at all; they apply only to pools installed before 1 January 2003, and include some family transfers, deceased estates and divorce settlements. New documents or copies can take five working days, longer if the barrier needs work, and the NT page says to start well before settlement.
2EA rented home, and the other states
QLDA home or townhouse with a non-shared pool cannot be leased unless a pool safety certificate is in effect. NSWWhen a tenancy starts at a property with a pool or spa, the landlord or agent gives the tenant a copy of the certificate of compliance or occupation certificate. ACTLandlords must meet the pool fencing safety standards by 1 May 2028.
Pool rules at sale in Victoria, South Australia and Tasmania are not covered here.