Swimming Pools, Spas and Safety Barriers
Drowning is one of the leading causes of death in Queensland for children under the age of five. Active adult supervision, swimming lessons, learning basic CPR and compliant pool fencing can help save lives.
Queensland’s current pool safety laws apply to all regulated swimming pools and spas in Queensland. The pool safety legislation is administered by the Queensland Government, and you are encouraged to visit the websites of the Department of Housing and Public Works (DHPW) and the Queensland Building and Construction Commission (QBCC) for comprehensive information relating to pool safety laws.
Please refer to the resource list at the bottom of this page for other useful pool and water safety information and links to relevant organisations.
You can download the Pool safe(PDF, 275KB) checklist to ensure your pool/spa area is ready ahead for the warmer months.
What is a regulated swimming pool?
Queensland pool safety laws define a regulated swimming pool as a private pool or spa on a residential premises that meets any of the following criteria:
- Capable of holding water to a depth greater than 300 mm
- Has the capacity to hold over 2,000 litres of water
- Has a filtration system.
Most portable/temporary pools or spas purchased from a department or hardware store are likely to be defined as regulated swimming pools/spas, the exception being small wading pools that do not exceed any of the above criteria.
The following are not regulated swimming pools:
- Ornamental ponds manufactured and used for ornamental purposes
- Dams used for aquaculture, water storage or similar
- Spa bath in a bathroom that is not continuously filled.
Pool owner responsibilities
Pool owners with a regulated pool/spa must comply with current pool safety laws and all relevant legislation regarding the construction, maintenance or alteration of a regulated pool/spa and safety fence/barriers. The below topics provide information about mandatory approvals, inspections, certificates, registration of regulated pools/spas and pool safety programs for Adults and Children.
Read more about Queensland’s current pool and spa safety standards in this brochure(PDF, 213KB).
Regulated pools and building permits/approvals
All building work in Queensland is governed by the Building Act 1975 and Building Regulation 2021. Further information can be found at Building Laws and Codes.
Under the Building Act 1975 a building approval is required from a licensed building certifier prior to the construction of a new pool, spa, and/or safety barrier/fence. Changes to the location, height, or style of an existing safety barrier/fence please refer to the Queensland Building & Construction Commission website.
A Building Approval will also be required for demolishing or removing an existing regulated pool/spa.
While a regulated pool or spa is under construction, the owner must display a warning sign positioned so that it is visible. Find out more about warning sign requirements here.
Swimming pools/spas must not be filled with over 300mm of water until you have obtained from your building certifier either a Form 17 final inspection certificate for a permanent safety barrier, or Form 16 for temporary fencing (valid for three months only).
On-the-spot infringements can be issued for non-compliant pool/spas barriers, pools and spas built without approval and other breaches to legislation - refer to council's swimming pool and spa building standards, forms and factsheets.
Compliant pool safety barriers
Pool safety laws require pool/spa owners to always maintain a compliant fence/barrier around regulated pools/spas, regardless of when the pool/spa was installed.
It is the responsibility of the pool/spa owner (not the neighbours) to ensure boundary fences are compliant and that pool/spa safety fence/barriers, including non-climbable zones, are maintained in accordance with pool safety laws - for more information about dividing fences and pool safety see the guidelines for pool owners and property agents.(PDF, 5MB)
If a dispute arises in relation to boundary fences or overhanging trees/branches you may need to seek advice or direction through the Department of Justice or the Queensland Civil and Administrative Tribunal.
For further information on compliant pool/spa fencing refer to the Mandatory Part (MP) 3.4 of the Queensland Development Code (QDC)(PDF, 2MB).
Pool/spa owners are required to maintain the pool/spa fence/barriers and ensure that any damage is repaired immediately.
If you have a safety concern or complaint about the condition of a swimming pool/spa or fence/barrier and are unable to address these with the pool/spa owner, a request can be lodged with council by calling (07) 3810 6666.
On-the-spot infringements and/or notices may be issued to pool/spa owners or occupiers for a number of breaches in relation to swimming pool/spa safety.
Pool safety certificates
A pool safety certificate (Form 23) is required in Queensland when a property with a regulated pool or spa is being sold or leased. The certificate is an approved form confirming that a swimming pool/spa fence/barrier has been inspected by a licensed pool safety inspector and met compliance with the pool safety standard at the time of inspection. It is valid for two years for non-shared pools and one year for shared pools. Please note that a Form 23 does not certify that a building development approval (building permit) has been issued for the pool/spa or fence/barriers.
A final inspection certificate (Form 17) is issued by a licensed building certifier in relation to a building development approval (building permit). This can be used in place of a Form 23 and is valid for the same period of time as a pool safety certificate for the purposes of selling or leasing. To ensure you meet your requirements when selling, purchasing or leasing, refer to Queensland Building and Construction Commission (QBCC) pool safety information.
Queensland Government Pool Register
All regulated pools in Queensland must be registered on the Queensland Building and Construction Commission (QBCC) Pool Register. Failure to register your pool may result in a fine.
Equipotential Bonding Around a Swimming Pool
Equipotential bonding involves the connection of metal components which ensures the metal components have the same electrical potential and can be earthed. This will protect the pool user from being electrocuted from the electrical current if a fault was to occur.
The AS/NZS3000 (also known as the “Wiring Rules”) contains crucial requirements for swimming pools/spas. When conductive metal parts or electrical equipment is within 1250mm of the swimming pool/spa, then equipotential bonding is required. This work must be performed by an appropriately licensed electrician.
Dangers pertaining to electrical work in and around a pool or spa can be found in the Fact Sheet - Equipotential Bonding Around a Swimming Pool.
Health and water quality
Poor management of backyard swimming pools and spas can lead to health risks. Insufficient chlorination of swimming pools/spas can lead to bacterial and algae growth that may harm swimmers. Swimming pools/spas that are not filtrated or chlorinated may also be a breeding ground for mosquitoes.
Under the Public Health Regulation 2018(PDF, 721KB) property owners must ensure that an accumulation of water at their property is not a breeding ground for mosquitoes.
To prevent mosquitoes breeding in your pool/spa you need to regularly treat the water with chemicals (e.g. chlorine), keep the pool/spa clean and operate a filtration system. This also minimises algae growth and any build-up of bacteria.
If you have a concern or complaint about the condition of a swimming pool/spa and are unable to address these with the pool owner, a request can be lodged with council by calling (07) 3810 6666.
On-the-spot infringements and/or notices may be issued to pool/spa owners or occupiers in relation to the swimming pool/spa health risks.
Pool and water safety resources
The links below provide information on a range of organisations with programs and resources aimed at educating pool/spa owners, adults and children about improving pool/water safety and reducing the number of preventable drownings through active supervision, CPR awareness, learn-to-swim programs and compliant safety barriers.
The SEAL Pool Safety Program was initiated in January 2021 in response to child drowning statistics that identified swimming pools and spas as a leading cause of death for children under five years of age in Queensland.
SEAL encourages active involvement by adults and children in programs including learn-to-swim initiatives and CPR awareness sessions, supervision of young children both in and around the water, and pool/spa fence compliance in order to educate the community on the importance of water safety and ultimately help save lives.
Access to SEAL’s Water Safety and CPR Awareness programs here.
Join the mailing list to hear more about our programs.
The Department of Housing and Public Works are responsible for administering pool safety standards. This website contains access to the current pool safety laws, owner and occupier obligations and general advice about pool safety.
Queensland Development Code - MP3.4 Swimming Pool Barriers(PDF, 2MB)
Statewide mandatory standards for pool barriers in Queensland.
Refer to the Department of Housing and Public Works for a range of resources to assist owners with compliance with current pool/spa safety standards, including comprehensive guidelines for pool owners and property agents(PDF, 5MB).
Building Act 1975 – Queensland's building legislation
Building Regulation 2021 – building regulations related to the Queensland Building Act 1975
The Queensland Building and Construction Commission are responsible for regulating the pool safety standards. This website contains statutory information, checklists and safety tips for pool and spa owners.
Refer to the Queensland Building and Construction Commission website for comprehensive information on pool safety information, when selling, leasing and registering your pool.
My QBCC
Access to pool safety inspectors and property searches.
Obtain access to current resuscitation guidelines and CPR signage
ANZCOR Basic Life Support Information and ANZCOR Guidelines No.8 - Cardiopulmonary Resuscitation.
For more information on CPR signage, refer to the requirements for CPR and warning signs.
Includes a range of videos, tips and factsheets about keeping children safe around water.
Access to various resources including information regarding pool toys, pool safety devices and distractions around the water.
Provides targeted resources for children, parents, teachers and community groups. Includes events, programs, learning activities, videos and age-based safety and swimming tips.
A Kids Alive app has also been designed to help teach young children and parents about water safety.