Pool Safety Certificates for Selling a House

Do I need a pool safety certificate to sell my house in Queensland?

If your Queensland house has a regulated, non-shared pool, you can sell with a current pool safety certificate or follow the notification process for selling without one. A certificate is not an absolute prerequisite to signing a sale contract, but there are specific responsibilities for both seller and buyer.

With a current certificate, give the buyer a copy before settlement. Without one, use Form 36 – Notice of No Pool Safety Certificate: give it to the buyer before entering into the sale contract and lodge it with the Queensland Building and Construction Commission (QBCC) before settlement. The buyer must obtain a certificate within 90 days of settlement.

This guide focuses on houses with their own non-shared pool. Shared pools, including some body corporate properties, have different responsibilities.

What should I do before selling?

• Check the QBCC pool register to see whether your property already has a current pool safety certificate.
• If there is no current certificate, book an inspection early so there is time to fix any issues before your sale progresses.
• Give your conveyancer or solicitor the certificate, or discuss the Form 36 process with them before signing a contract.
• Keep the pool fence and gate compliant throughout the sale; a certificate does not remove your ongoing maintenance duties.

For an auction without a current certificate, the seller or agent must give prospective buyers Form 36 before they enter into a contract. Ask your conveyancer how this fits into your auction and sale paperwork.

How does the pool safety inspection work?

A licensed pool safety inspector checks the pool barrier against Queensland’s pool safety standard. This includes the fence, gate closing and latching, climbable objects, CPR signage, and any relevant doors or windows.

Our inspections usually take 20–45 minutes, depending on the pool area. Make sure we can access the pool and any relevant parts of the property. Use our pool safety inspection checklist to prepare.

If the pool passes, we issue a pool safety certificate (Form 23), usually the same day. Sunshine Pool Safety’s inspection and certificate costs $195 including the government certificate fee. See what’s included.

How long is a pool safety certificate valid?

A Queensland pool safety certificate is valid for two years for a non-shared pool, such as a house with its own pool. For a shared pool, the validity period is one year.

A change of ownership does not restart that period. Check that an existing certificate is still current for your sale, and remember that the barrier must comply with the safety standard at all times.

What happens if my pool doesn’t comply?

If the pool does not pass, the inspector issues a non-conformity notice (Form 26) identifying what needs to be fixed. Common problems include a gate that does not self-close or latch, climbable objects beside the fence, excessive gaps and missing or damaged CPR signage.

Arrange the required work and request a re-inspection with the same inspector within three months. Sunshine Pool Safety includes one free re-inspection within three months of the original inspection. If you do not request re-inspection within that period, the inspector must notify the local council.

You generally cannot use a different inspector during that three-month period without QBCC’s written approval. The rectification process does not remove your responsibility to maintain a safe, compliant barrier.

A failed inspection does not automatically prevent a sale, but selling without a current certificate requires the Form 36 process described above. Discuss the sale contract and responsibility for repairs with your conveyancer; do not assume the three-month re-inspection period replaces the buyer’s 90-day deadline after settlement.