Leasing & Pool Fence Regulations

Queensland Pool Safety Laws may have a serious impact on property owners’ real estate investments. You will not be able to rent your property to a tenant (new or existing) without a Pool Safety Certificate without risking fines or penalties.

View what the Residential Tenancy Authority has to say in terms of the regulation and leasing contracts.

Residential Pool Fence Regulations

All Queensland homeowners with backyard pools are required to have a complying pool fence to meet the swimming pool-barrier standard.

Shared Pool Fence Regulations

A Pool Safety Compliance Certificate is required if a lot owner sells a unit or rents a unit to a tenant (new or existing).
Furthermore, hotels, motels, resorts and caravan parks, you will not be able to book in an overnight guests without a Pool Safety Certificate

Selling or Buying a House Pool Fence Regulations

If you are buying a property in Queensland that has a swimming pool or spa, a pool safety certificate is required to be gained within 90 days of the settlement date.

If a property is being sold when a current Pool Safety Certificate is not in effect at the time of settlement, the seller will provide the purchaser a Form 36 – Notice of No Pool Safety Certificate. This form advises the prospective buyer that there is no current safety certificate in effect and is intended to assist the buyer to make an informed decision about purchasing the property.

Fences

• The minimum height from finished ground level (a permanent stable surface) to the top of the barrier is 1200mm.
• The maximum allowable gap from finished ground level to the bottom of any barrier is 100mm.
• There must be one gap of at least 900mm between any horizontal rails on the outside, and the gaps in the vertical members must not exceed 100mm at any point.
• If there is no gap between horizontal rails of at least 900mm, then the horizontal rails must be on the inside and the gaps in the vertical rails must not exceed 10mm.
• For fences less than 1800mm high, climbable objects must be at least 900mm away from the pool barrier on the outside and, where the verticals are more than 10mm apart, 300mm on the inside.  
• For fences at least 1800mm high, the 900mm non-climbable zone may be on the inside of the fence and must be measured from the top of the inside.  This could be useful for a boundary fence, for example, where it is difficult to make the non climbable zone outside the fence . Make sure that there is nothing underneath this zone that a child could jump on to, which would reduce the effective height of the fence from the minimum 1800mm

Gates

• Pool gates must not open inwards to the pool area and must be self-closing and self-latching from all positions. 
• Latches on the gate must be at least 1500mm high from finished ground level (a permanent stable surface) and at least 1400mm above the highest lower horizontal member. If not, the latch must be located inside so that it is necessary to reach over or through the fencing at a height of not less than 1200mm above finished ground level or at least 1000mm above the top part of the highest lower horizontal member. It must also be 150mm below the top of the gate or the edge of any hand hole opening and, if necessary, covered with a 450mm radius shield with no openings greater than 10mm 
• Pool gate hinges thicker than 10mm must be at least 900mm apart or the lower hinge must have a non-climbable (at least a sixty degree) safety cap fixed to prevent climbing.

Doors & Windows

• There can be no direct access through a door from the house or another building, to the pool area.
• Generally, any windows opening onto the pool area must not open more than 100mm or must have a security screen fitted.

Signs

• A compliant CPR sign must be displayed, either attached to the pool fence, or displayed near the pool, so that the sign is easily visible to anyone near the pool.