In 2009 QLD Pool Safety laws were introduced that apply to all pools old and new.  The new law replace 11 existing standards with 1, the new Queensland Development Code, MP 3.4.  Pool owners had until 30th November 2015 to become compliant.  It is up to the pool owner to be aware of the changes to the law and ensure their pool is compliant. The easiest way is to have the fence certified by a licensed pool safety inspector. 

If you are buying or selling a property with a non-shared pool, a pool safety certificate must be obtained from a licensed pool safety inspector.  If leasing a property, the owner must provide the pool safety certificate before entering into the lease. 

If selling a property with a pool, the owner can provide the buyer with a pool safety certificate prior to settlement, alternatively the seller must issue the buyer with a notice of no pool safety certificate (form 36) before entering into the contract of sale and before settlement.  This form advises the buyer that they have 90 days to obtain a pool safety certificate from the date of settlement.  The buyer is then liable for any costs associated with achieving compliance, unless otherwise negotiated as part of the sale contract. 

For a non-shared pool a safety certificate is valid for 2 years.  This does not mean that you can forget about your fence once you have a certificate, regular inspections by the pool owner should be undertaken to ensure the fence remains compliant. 

For shared pools (e.g. townhouses, hotels, etc) there must be a current pool certificate in place.  These certificates only last for 12 months before they must be renewed.  

Please follow the links below for more details.

Queensland Development code M.P 3.4

QLD Government Pool safety laws