Swimming Pools

What is a Swimming Pool?

Swimming pools in Queensland are regulated by the Building Act 1975 and are defined as an excavation or structure:

• Capable of being filled with water to a depth of 300mm or more, and
• Capable of being used for swimming, bathing, wading, paddling or some other human aquatic activity, and
• Solely or principally used, or designed, manufactured or adapted to be solely or principally used, for the purposes mentioned above and includes a spa pool, spa tub or similar thing (whether portable or fixed) and a wading pool (other than a portable wading pool as defined by the Building Act 1975 ).

Swimming pools do not include:

• A fishpond principally used, or designed, manufactured or adapted to be solely or principally used, for ornamental purposes
• A dam or tank solely or principally used, or designed, manufactured or adapted to be solely or principally used, for aquaculture, marine research or storage of water
• A watercourse
• A portable wading pool capable of being filled with water to a depth of not more than 300mm, has a volume of no more than 2,000L and has no filtration system,
• A spa bath situated in a bathroom, other than a spa bath continually filled with water to a depth of more than 300mm, and
• A birthing pool used solely for waterbirths.

Do I need approval for my Swimming Pool?

All swimming pools as defined above are required to have a Development Application lodged for assessment against the Building Act 1975 and in particular, the Australian Standard AS1926 and the Queensland Development Code (QDC Mandatory Part 3.4 – Swimming Pool Barriers for fence compliance. For more information on preparing and lodging your Development Application, the following is provided:

• Class 10B Swimming Pool – Fact Sheet

Once the swimming pool is constructed and a Final Certificate issued, the swimming pool is required to be registered with the Queensland Building and Construction Commission (QBCC). For more information on registering your swimming pool, please click here. 

Minor repairs to the pool safety barrier as detailed in the Building Act 1975, Schedule 2B, if completed by a pool safety inspector or a person or, where not completed by a pool safety inspector, is inspected by a pool safety inspector and a pool safety certificate for minor repairs is given do not require Building Approval.

Minor repairs as detailed in the Building Act 1975, Schedule 2C, do not require a Development Application.

Buying or Selling a Property with a Swimming Pool

A Pool Safety Certificate is required when buying, selling or leasing a property with a swimming pool. Pool Safety Certificates must be obtained from a licensed Pool Safety Inspector. More information for pool owners, pool safety inspectors and pool safety inspector course providers is available here.

For more information in relation of any of the material above, please contact Council’s Planning and Development Department on (07) 4761 5300.