Form 36: notice of no pool safety certificate
A Form 36 is lodged with QBCC when a property with a pool is sold or leased without a current pool safety certificate. A copy goes to the buyer before the buyer signs the contract. The buyer (for a non-shared pool) or the pool owner (for a shared pool) then has 90 days to get a certificate.
When you need a Form 36
- Selling a property with a pool and no current certificate.
- Selling at auction with no current certificate. Prospective buyers must get a copy before a contract is signed.
- Leasing a property with a shared pool and no current certificate.
Leasing a house with a non-shared pool is different. You can't use a Form 36 instead. A certificate must be in effect before the lease is entered into.
How to lodge it
- Online: register on the QBCC Portal and lodge the notice from the pools section.
- PDF: download the Form 36 from QBCC and send it to the pool safety team by email (poolsafety@qbcc.qld.gov.au), in person at a QBCC service centre, or by mail.
Then give a copy to the buyer before the buyer signs the contract.
What happens after
- Non-shared pool: the buyer gets a certificate within 90 days of settlement.
- Shared pool: the pool owner, usually the body corporate, gets one within 90 days.
A Form 36 is not an exemption. The pool barrier must comply with the pool safety standard at all times, and councils can fine owners whose barriers don't.
Bought with a Form 36?
You have 90 days. Check the barrier now so one inspection is enough.
Common questions
Is a Form 36 an exemption from the pool rules?
No. The pool barrier must still comply with the pool safety standard at all times. A Form 36 only records that there is no current certificate at the time of sale or lease.
How do I lodge a Form 36?
Online through the QBCC Portal, or by downloading the PDF and sending it to QBCC's pool safety team by email, in person or by mail. A copy must also go to the buyer before the buyer signs the contract.