Selling a property with a pool in Queensland

When you sell a property with a pool in Queensland, you either give the buyer a copy of a current pool safety certificate before the buyer signs the contract, or lodge a Form 36 notice of no pool safety certificate with QBCC and give the buyer a copy. With a Form 36, the buyer must get a certificate within 90 days of settlement.

Since 1 August 2025, Queensland sellers must give the buyer the completed Form 2 disclosure statement and the prescribed certificates, including a pool safety certificate if applicable, "before the buyer signs the contract" (before the fall of the hammer at an auction). Source: Queensland Government, seller disclosure scheme. For a lot with a pool, the Property Law Regulation 2024 (section 5) lists the prescribed certificate as a pool compliance certificate or a notice that there is no pool safety certificate in effect, which is the Form 36. QBCC's own sale page still says "before settlement", so check with your conveyancer or solicitor which applies to your sale.

Option 1: sell with a current certificate

If the property has a current certificate, give the buyer a copy before the buyer signs the contract. A certificate for a non-shared pool lasts 2 years, so check its date. You can confirm it's current on QBCC's pool register.

Having a certificate ready removes a question buyers and their solicitors will ask, and it means any barrier problems are dealt with on your timeline, not during the contract.

Find an inspector

Option 2: sell without a certificate (Form 36)

If there's no current certificate, you must:

1. Lodge a Form 36 notice of no pool safety certificate with QBCC, and
2. Give the buyer a copy before the buyer signs the contract.

For a non-shared pool, the buyer then has 90 days after settlement to get a certificate. For a shared pool, the pool owner, usually the body corporate, has 90 days.

A Form 36 isn't an exemption. The barrier must still comply with the pool safety standard at all times, and the council can fine an owner whose barrier doesn't.

Selling at auction

If there's no current certificate, the owner or their agent must give prospective buyers a copy of the Form 36 before a contract of sale is signed.

If you're the buyer

If you receive a Form 36, you have 90 days after settlement to get a pool safety certificate. Being issued a nonconformity notice during that time doesn't extend the 90 days, so book early and check the barrier before the inspector comes.

Getting a certificate before you list

1. Check the barrier yourself or with the PoolPreCert app.
2. Fix anything that fails.
3. Book a licensed inspector.