Do I Need a Pool Safety Certificate to Sell in Gold Coast?
If you’re selling a property with a pool on the Gold Coast, one crucial legal box you must tick is ensuring pool safety compliance. Queensland has some of the strictest pool safety laws in Australia, and for good reason. But what does this mean for you as a seller? Do you need a Pool Safety Certificate before you list or sell your property? What if you don’t have one?
Let’s walk you through the requirements, your legal responsibilities, potential penalties, and practical strategies for navigating pool safety certificates when selling your Gold Coast property.
Why Pool Safety Compliance Matters
Queensland’s pool safety regulations are designed to reduce the risk of drowning, especially for children. These laws apply to all residential properties with pools, whether you’re selling a house, townhouse, or unit complex.
If you’re selling a property with a pool, you’re legally required to meet specific pool safety obligations—regardless of whether the pool is in use, empty, or well-hidden.
What Is a Pool Safety Certificate?
A Pool Safety Certificate is an official document issued by a licensed pool safety inspector that confirms your pool fence or barrier complies with Queensland’s pool safety standards.
Key details:
- Valid for 2 years for non-shared pools (e.g., houses)
- Valid for 1 year for shared pools (e.g., apartments or body corporate-managed complexes)
✅ Do I Need a Certificate to Sell?
It depends on timing and whether the buyer agrees to take on the obligation.
Here’s the breakdown:
- If you already have a valid certificate:
You’re ready to go. Provide it to your agent and solicitor to attach to the sales contract. - If you don’t have one:
You can still sell, but you must provide a Form 36 – Notice of No Pool Safety Certificate to the buyer before contract signing.
This notice informs the buyer that the pool doesn’t currently have a valid certificate. The buyer then becomes responsible for obtaining one within 90 days of settlement.
Legal Risks of Non-Compliance
Failing to comply can have serious consequences:
- Fines: Up to $2,875 for individuals and over $14,000 for corporations.
- Delayed settlements: Buyers may pull out or request contract changes if not properly informed.
- Insurance complications: Non-compliance could impact your liability in the event of a pool-related injury before sale.
- Reduced buyer confidence: Properties without certificates may be seen as higher risk, especially by interstate buyers unfamiliar with Queensland laws.
How Much Does a Pool Safety Certificate Cost?
Expect to pay between $200 and $400, depending on the inspector and complexity of your property.
If your pool doesn’t pass on the first inspection, you’ll likely be charged:
- A reinspection fee (often $100–$150)
- Additional repair costs to bring fencing or gates up to code
Common Issues That Cause Pool Fails
Pool inspectors frequently flag:
- Climbable objects near fences (e.g., pot plants, furniture)
- Gaps in fencing over 100 mm
- Gates that don’t self-close and self-latch
- Non-compliant windows that open into pool areas
- No CPR signage visible near the pool
These are often fixable, but may delay the certification process if left until the last minute.
Should I Get the Certificate or Let the Buyer Do It?
It depends on your selling strategy, timeline, and the pool’s current condition.
Benefits of getting the certificate before selling:
- Increases buyer confidence
- Helps avoid buyer negotiation delays
- Avoids shifting liability
- May improve sale price and buyer interest
Risks of deferring to the buyer (via Form 36):
- May reduce appeal to families or risk-averse buyers
- Puts pressure on buyer post-settlement
- Could complicate negotiations or contract terms
How to Get a Pool Safety Certificate
- Book a licensed pool safety inspector (you can search via QBCC)
- Prepare your pool area; remove climbable objects, check gates and fencing
- Undergo inspection; the inspector will either:
- Issue a certificate, or
- Provide a nonconformity notice outlining what needs fixing
- Fix any issues and arrange a reinspection if required
What Is Form 36?
If you choose not to get a Pool Safety Certificate, you must complete and provide a Form 36 to the buyer before they sign the contract.
This document:
- Notifies the buyer that the pool isn’t certified
- Transfers the legal responsibility for compliance to the buyer
- Must be signed by both parties and lodged with the QBCC
What If the Pool Is Shared (e.g., in a Unit Complex)?
If the pool is part of a shared space (such as in an apartment block), the body corporate is usually responsible for pool compliance.
Here’s what to do:
- Request a current Pool Safety Certificate from the body corporate
- Ensure it’s valid (certificates for shared pools are only valid for 1 year)
- If the body corporate won’t provide one, notify the buyer using a Form 36
How to Talk About Pool Safety in Your Property Listing
When you’re selling a home with a certified pool:
“Pool Safety Certificate in place – compliance ready for immediate sale.”
If not:
“Pool area noted on Form 36 – buyer to complete certification post-settlement.”
Being transparent builds trust—and may protect you legally.
💡 Pro Tips to Smooth the Sale
- Act early: Pool inspectors can have waitlists, especially in summer.
- Fix obvious issues beforehand: Saves time and stress.
- Get quotes for any repairs in advance: Helpful for negotiations if the buyer wants to request changes.
- Ask your solicitor or agent to review pool compliance documents before listing.
- Include certification status clearly in your contract to avoid disputes.
FAQs About Pool Safety Certificates When Selling
Q: Can I sell without a pool certificate in QLD?
A: Yes, but you must complete and provide a Form 36 before the buyer signs the contract.
Q: What if the pool fails the inspection?
A: The inspector issues a nonconformity notice. You can fix issues and schedule a reinspection.
Q: How long does the certificate last?
A: 2 years for non-shared pools; 1 year for shared pools.
Q: Can a buyer use my existing certificate?
A: Yes, if it’s still valid at settlement.
Q: What if the pool is empty or not in use?
A: Compliance is still required. It doesn’t matter if the pool is empty or unused.
Navigating One More Piece of Compliance
Selling a property with a pool on the Gold Coast means navigating one more piece of compliance, but it doesn’t have to be stressful. By understanding your responsibilities around pool safety certificates, taking action early, and being transparent with buyers, you can avoid legal headaches, fines, and settlement delays.
When in doubt, chat with your agent and legal advisor; they’ll help ensure your sale goes off without a splash for the wrong reasons.
Author – Craig Douglas
Please Note: The information contained in this document is for general information purposes only and does not constitute legal advice. The laws and regulations governing the sale of property in Queensland are complex and constantly changing. It is important to seek the advice of a qualified property lawyer or conveyancer before making any decisions about the sale of your property. This document does not take into account your individual circumstances and may not apply to your situation. By reading this document you agree that you have not relied on the information contained herein and that you will seek independent legal advice before taking any action.
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This page was proudly created by Craig Douglas, your local independent Gold Coast real estate agent, working for a Boutique Real Estate Agency. Selling residential and commercial properties, from those that are awe-inspiring, through to a diamond-in-the-rough, otherwise known as a “renovator’s delight”.
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