A swimming pool can be one of a property’s most appealing features in Queensland. It also brings legal obligations that sellers and buyers need to deal with before a contract is signed, before settlement and, in some cases, after settlement.
Queensland’s pool safety requirements are not new. However, the seller disclosure scheme under the Property Law Act 2023 (Qld), which commenced on 1 August 2025, has changed how pool information and documents fit into the sale process.
If you are selling or buying a property with a pool, understanding the difference between a current pool safety certificate and a Form 36 – Notice of no pool safety certificate – can help avoid problems during the transaction.
The pool safety framework
Queensland’s pool safety laws are primarily contained in Chapter 8 of the Building Act 1975 (Qld), together with the Queensland Development Code Mandatory Part 3.4, which sets the pool safety standard.
The requirements apply to regulated pools, including many swimming pools and spas associated with residential properties.
A pool safety certificate is issued by a licensed pool safety inspector where the pool is found to comply with the applicable pool safety standard at the time of inspection.
Pool safety certificates are generally valid for two years for a non-shared pool, such as a pool at a house, and one year for a shared pool, such as a pool on the common property of a unit complex.
The Queensland Building and Construction Commission (QBCC) maintains the Pool Register, which can be checked to see whether a pool is registered and whether a current certificate is recorded.
What changed with seller disclosure?
Since 1 August 2025, Queensland’s statutory seller disclosure regime has required sellers of relevant freehold land, subject to the exceptions in the Property Law Act 2023, to give the buyer a signed seller disclosure statement and the prescribed certificates before the buyer signs the contract.
Where there is a relevant pool for the lot, the Property Law Regulation 2024 makes the pool documentation part of that disclosure package.
Depending on the circumstances, the prescribed document may be a current pool compliance certificate – which includes a pool safety certificate and certain other recognised certificates or exemptions – or the notice required under the Building Act where there is no pool safety certificate in effect.
In practice, that means sellers should address the pool position when preparing the disclosure documents, rather than treating it as an issue to be dealt with only at settlement.
Selling with a current pool safety certificate
If a current pool safety certificate is in effect, the seller should ensure the pool information in the seller disclosure statement is accurate and that the relevant certificate is included where required.
QBCC guidance also provides that a seller with a current certificate must give the buyer a copy before settlement.
Sellers should check the certificate is still current rather than assuming that an older certificate remains valid. A certificate is generally valid for two years for a non-shared pool and one year for a shared pool.
Selling without a current certificate: Form 36
A property with a pool can, in relevant circumstances, be sold without a current pool safety certificate. However, that does not mean the pool can simply be ignored.
Where no pool safety certificate is in effect, a Form 36 – Notice of no pool safety certificate – becomes important.
The Form 36 tells the buyer that there is no current pool safety certificate. It does not certify that the pool complies with the pool safety standard, nor does it exempt the pool owner from the obligation to keep the pool barrier compliant.
The Form 36 must be dealt with at the correct stages of the transaction. The buyer must receive the required notice before entering into the contract of sale. Before settlement, the seller must also comply with the applicable notification requirements, including giving or lodging copies with the QBCC and, for a shared pool, the body corporate.
Because Form 36 can be relevant both to the Building Act requirements and to the seller disclosure package, sellers and agents should deal with it when the contract and disclosure documents are being prepared – not leave it until settlement.
What happens after settlement?
Non-shared pools
If a buyer purchases a property with a non-shared pool and there is no current pool safety certificate, the buyer must obtain a certificate within 90 days after settlement.
That 90-day period should not be treated as a general grace period from pool safety requirements. QBCC guidance makes clear that pool owners remain responsible for ensuring the pool barrier complies with the pool safety standard at all times.
If the barrier does not comply at settlement, the buyer may therefore inherit both the practical cost of rectification and the obligation to obtain the certificate within the required timeframe.
Shared pools
The position is different where the property is associated with a shared pool, such as a pool on common property in a community titles scheme.
QBCC guidance states that where a property with a shared pool is sold without a current certificate, the pool owner – usually the body corporate – must obtain a pool safety certificate within 90 days after settlement and provide the new owner with a copy.
A buyer of a unit or townhouse should therefore check the seller disclosure material, the status of the pool certificate and, where relevant, body corporate information rather than assuming pool compliance is solely an individual lot-owner issue.
No certificate does not necessarily mean the same thing as proven non-compliance
It is important to distinguish between the absence of a current pool safety certificate and a finding that a particular barrier is non-compliant.
A Form 36 confirms that no pool safety certificate is in effect. It should prompt a buyer to investigate the pool’s compliance position, but the existence of a Form 36 does not by itself establish the extent of any rectification work that may be required.
For a buyer, a pre-purchase inspection by an appropriately licensed pool safety inspector can help identify whether work is required and what may be involved before a certificate can be issued.
Can a buyer terminate because of a pool disclosure problem?
The seller disclosure regime can give a buyer termination rights in certain circumstances.
Broadly, a buyer may have a right to terminate before settlement if the seller fails to comply with the statutory disclosure requirements. Where disclosure is given but is inaccurate or incomplete, additional statutory requirements apply, including materiality and the buyer’s knowledge and decision to enter into the contract.
The application of those rights depends on the particular facts, the documents provided and the relevant provisions of the Property Law Act 2023. Buyers and sellers should obtain advice before assuming that a disclosure issue automatically gives, or does not give, a right to terminate.
A note for investors and landlords
The rules for leasing a property with a pool are not identical to the rules for a sale.
For a property with a non-shared pool, QBCC guidance states that a lessor must not enter into an accommodation agreement unless a pool safety certificate is in effect. A Form 36 is not an alternative for entering into a new accommodation agreement for a house or townhouse with its own non-shared pool.
Different requirements apply to shared pools.
If you are buying an investment property with a pool, particularly where you intend to lease it after settlement, the certificate position should be checked before committing to the transaction or a new tenancy.
Practical points for sellers
- Check the Pool Register early. Confirm whether the pool is registered and whether a current certificate is recorded.
- Consider arranging an inspection before listing. If rectification is required, dealing with it early may avoid delays once a buyer is found.
- Prepare the seller disclosure material and pool documents together. Make sure the disclosure statement accurately addresses the pool and includes the applicable prescribed document.
- If there is no current certificate, make sure Form 36 is provided and notified at the stages required by law.
- Do not assume that giving Form 36 removes the obligation to maintain a compliant pool barrier.
Practical points for buyers
- Read the seller disclosure statement carefully and check the pool documents provided with it.
- Check whether any pool safety certificate is still current.
- If you receive a Form 36, investigate whether compliance work is required and, if so, the likely cost and timing.
- Consider obtaining a pool safety inspection before committing to the purchase and ask your conveyancer whether the contract should deal specifically with any identified pool issues.
- For a non-shared pool purchased without a current certificate, diarise the 90-day period for obtaining one after settlement.
- For a shared pool, review the body corporate information and confirm the certificate position rather than assuming it has already been addressed.
Buying or selling a Queensland property with a pool?
Pool safety documentation can affect the transaction before the contract is signed, at settlement and after ownership changes.
PD Law’s property team can assist sellers with their seller disclosure obligations, advise on the pool documentation required for a sale, review contracts for buyers and help address pool-related issues before settlement.
If you are buying or selling a Queensland property with a pool, contact PD Law to discuss your transaction.
This article provides general information about Queensland law and is not legal advice. The application of pool safety and seller disclosure requirements will depend on the property and the circumstances of the transaction. You should obtain legal advice specific to your circumstances before acting on the information in this article.
