State by State

Pool Safety Rules by State: How Queensland Compares

Selling, leasing or moving interstate with a pool? Here's how the pool safety rules in each Australian state and territory compare, side by side.

By Neil Sharp, QBCC Licence PS15235214Brisbane Pool SafetyLast reviewed: 12 October 2026

The Short Version

  • Queensland, NSW and the NT need a pool certificate (or an approved alternative) to sell, and before leasing.
  • The ACT is in a transition period until 30 April 2028. Sellers and landlords must make disclosures now, and a compliance status certificate is needed from 1 May 2028.
  • Victoria and WA rely on 4-yearly checks instead of sale certificates.
  • SA and Tasmania have no sale or lease certificate scheme, although SA requires pre-1993 pools to be upgraded before settlement.
  • Standards differ by state. There is no single national edition. Queensland uses QDC MP3.4 (AS 1926.1-2007) for every regulated pool.

Side-by-Side Comparison

StateStandardPool registerSellingLeasingCertificate life / checks
QLDQDC MP3.4, calling up AS 1926.1-2007. Applies to all regulated pools, whenever builtYes, QBCC pool registerForm 23 certificate, or a Form 36 (buyer of a non-shared pool has 90 days after settlement)Non-shared pool: Form 23 before the lease (Form 36 not allowed). Shared pool: Form 36 allowed, owner then has 90 days2 years (non-shared) or 1 year (shared)
NSWNew barriers: AS 1926.1-2012. Existing pools: edition in force when built, unless alteredYes, NSW Swimming Pool RegisterCertificate of compliance, occupation certificate under 3 years old, or certificate of non-compliance (buyer has 90 days)Compliance or occupation certificate. Non-compliance certificate not allowedCompliance certificate lasts 3 years
VICExisting pools: standard based on construction date. New barriers: see the standards section belowYes, council registration with the local councilNo sale certificate. Compliance duties pass to the buyerLandlord must keep the barrier compliant and give the renter the certificate on requestBarrier compliance certificate lodged with council every 4 years
WAAS 1926.1-2012 with WA variations. Pools before 1 May 2016 may use AS 1926.1-1993No state register (WA pool safety)No sale certificateNo lease certificateCouncil inspects at least every 4 years in listed areas (some remote areas excluded)
SANew barriers: AS 1926.1-2012 until 30 April 2027. Pre-1993 pools must meet MBS 004 on saleNo register (SA pool safety)No certificate. Pre-1993 pools must be upgraded to MBS 004 before settlementNo lease certificateNo periodic inspections. Councils inspect new pools
TASNew barriers: AS 1926.1-2012. Pools installed before 1994 don't legally need a barrierNo statewide register (Tas pool safety)No statewide sale certificateNo statewide lease certificateNo periodic inspections
ACTAS 1926.1-2012 or AS 1926.1:2024 until 1 May 2027 (depending on the NCC edition used), then AS 1926.1:2024Certificates lodged with the ACT Government (ACT pool reforms)Transition: disclosure statement or certificate. From 1 May 2028: compliance status certificateSame disclosure rules as salesCertificates issued before 1 May 2028 last until 30 April 2032; later ones last 5 years
NTModified Australian Standard (1993/1995 based) for pools from 1 Jan 2003. Older pools may use the Community Safety StandardNo register (NT pool standards)Small premises (under 1.8ha): compliance certificate, or for pre-2003 pools an acknowledgment notice, before transferCompliance certificate (post-2003 pools) or acknowledgment notice (pre-2003 pools) before rentingNo set expiry

Scroll sideways on a phone to see the full table. Summary only. Rules can depend on when the pool was built and on local exemptions.

Which Edition of AS 1926.1 Applies?

AS 1926.1 is the Australian Standard for pool safety barriers, and AS 1926.2 covers where barriers are located. There is no single national edition. Each state and territory decides which edition applies, through the National Construction Code (NCC) and its own pool laws, often depending on when a pool was built.

The editions

EditionWhat it is
AS 1926-1986Earlier pool fencing standard. Still relevant to some older pools in NSW and Victoria
AS 1926.1-1993Used for many pools built in the 1990s and 2000s. Still an option for older pools in WA
AS 1926.1-2007Called up by Queensland's QDC MP3.4, and used in some states for pools built around 2008 to 2013
AS 1926.1-2012Referenced by NCC 2022. Used for new barriers in NSW, WA, SA and Tasmania
AS 1926.1:2024Published August 2024 and referenced by NCC 2025
AS 1926.2-2007Location of safety barriers. Used alongside AS 1926.1
NCC 2025Adopted on different dates in each state, and some states vary or exclude the pool barrier provisions

New barriers, existing pools and alterations

  • New barriers follow the edition the state has adopted at the time of approval or construction.
  • Existing pools are generally assessed against the rules that applied when they were built, except in Queensland, where every regulated pool must meet QDC MP3.4 whenever it was built.
  • Alterations can trigger the current standard. In NSW, for example, altering a barrier brings in AS 1926.1-2012 and ends older exemptions.
  • A new edition doesn't mean rebuilding. Publishing or adopting AS 1926.1:2024 does not require existing compliant barriers to be rebuilt.

New barriers today (12 October 2026)

StateEdition for new barriersNotes
QLDAS 1926.1-2007, via QDC MP3.4Applies to all regulated pools. Queensland adopts NCC 2025 from 1 May 2027, but its guidance states later editions don't apply until given effect through the Building Regulation and the QDC
NSWAS 1926.1-2012NSW adopts NCC 2025 from 1 May 2027
VICCheck with your building surveyorVictoria adopted NCC 2025 (which references AS 1926.1:2024) on 1 May 2026, but state guidance still refers to AS 1926.1-2012. Existing pools use the standard for their construction date
WAAS 1926.1-2012 with WA variationsWA has not adopted the 2024 edition for private pools
SAAS 1926.1-2012SA adopts NCC 2025 from 1 May 2027
TASAS 1926.1-2012Tasmania returns to NCC 2025 from 1 May 2027
ACTAS 1926.1-2012 or AS 1926.1:2024Either can be used until 1 May 2027, depending on the NCC edition used. Then the 2024 edition applies
NTModified Australian Standard (1993/1995 based)NT has not adopted NCC 2025

Which Pools Are Covered?

Every state covers portable and inflatable pools in some form, but the wording differs. "300mm or more" includes a pool that holds exactly 300mm; "more than 300mm" does not.

StateDepth thresholdNotes
QLD300mm or morePortable wading pools excluded only if they hold 300mm or less, 2,000L or less and have no filtration. Bathroom spa baths excluded
NSWMore than 30cm (Act wording)Portable and inflatable pools included
VICMore than 300mmInflatable and relocatable pools included
WAMore than 300mmPortable and temporary pools covered
SAMore than 300mmAbove-ground and inflatable pools included. Spa baths excluded
TAS300mm or more (state guidance)Inflatable and relocatable pools included
ACT300mm or moreInflatable pools without filtration excluded
NT300mm or more at the deepest pointSpa baths inside a building excluded

State by State

Queensland

  • Law: Building Act 1975, Building Regulation 2021 and QDC MP3.4 (current version from 27 July 2012), which calls up AS 1926.1-2007 and AS 1926.2-2007.
  • Every regulated pool must comply, whenever it was built, and be on the QBCC pool register with a compliant barrier and CPR sign.
  • Shared and non-shared pools
  • A shared pool is one that residents of two or more dwellings have a right to use, such as a body corporate pool. Other pools are non-shared, such as a house with its own pool.
  • Certificates last 2 years for a non-shared pool and 1 year for a shared pool. Shared pool certificates must be displayed at the main entrance or pool gate.
  • Hotels, motels, resorts and other short-term accommodation buildings need a compliant barrier or a QBCC-approved pool safety management plan.
  • Short-term letting such as Airbnb doesn't automatically make a pool shared. A standalone house let to one group is treated differently from a property with separate self-contained dwellings (such as a granny flat) that share a pool. Check with the QBCC for your situation.
  • Selling and leasing (Form 36)
  • A Form 36 (Notice of No Pool Safety Certificate) lets a sale proceed without a certificate. The seller gives it to buyers before the contract, and to the buyer and the QBCC before settlement.
  • Non-shared pool: the buyer must get a certificate within 90 days after settlement. Shared pool: the pool owner (usually the body corporate) must get one within 90 days.
  • Leasing a non-shared pool: a current Form 23 is needed before the lease. A Form 36 can't be used. Leasing in a shared pool complex: a Form 36 can be used, and the pool owner then has 90 days to get a certificate.
  • If the pool fails (Form 26)
  • The inspector must issue a Form 26 nonconformity notice within 2 business days, listing what needs fixing.
  • The owner can ask the same inspector to reinspect within 3 months. If no reinspection is requested, the inspector must notify the local government within 5 business days after the 3 months ends.
  • The barrier must comply at all times. The 3 months is a window to fix and reinspect, not an exemption.
  • Only QBCC-licensed pool safety inspectors can issue certificates. See our Queensland technical reference.

Official info: Guideline for pool owners and property agents (PDF) · QBCC: inspect and certify a pool · Form 36 (QBCC PDF)

New South Wales

  • Law: Swimming Pools Act 1992 and Swimming Pools Regulation 2018.
  • The standard depends on when the pool was built. AS 1926.1-2012 applies to new barriers, and whenever a barrier is altered.
  • Pools must be on the NSW Swimming Pool Register.
  • Selling: certificate of compliance, occupation certificate under 3 years old, or certificate of non-compliance. With a non-compliance certificate, the buyer has 90 days after settlement.
  • Leasing: compliance or occupation certificate. A non-compliance certificate isn't allowed.
  • Compliance certificates last 3 years. A CPR sign is required.

Official info: NSW pool owner obligations

Victoria

  • Law: Building Regulations 2018 (Part 9A). The regulator is the Building and Plumbing Commission (formerly the VBA).
  • Existing pools: the standard depends on construction date, from Part 9A for pools before 8 April 1991, through AS 1926-1986, AS 1926.1-1993 and AS 1926.1-2007, to AS 1926.1-2012 for pools from 1 May 2013. The council registration notice states which applies.
  • New barriers: Victoria adopted NCC 2025 on 1 May 2026, and NCC 2025 references AS 1926.1:2024. State guidance still refers to the 2012 edition, so confirm with your building surveyor.
  • Pools must be registered: see council registration.
  • A certificate of barrier compliance (also called Form 23) must be lodged with council every 4 years. A failed barrier has up to 60 days to be fixed.
  • No sale certificate, but compliance duties and the 4-year due date pass to the buyer. Landlords must give renters the certificate on request.

Official info: BPC pool inspections

Western Australia

  • Law: Building Regulations 2012. New barriers follow AS 1926.1-2012 with WA variations. Pools installed before 1 May 2016 may use AS 1926.1-1993.
  • No state register. Local governments must inspect pool barriers at intervals of no more than 4 years.
  • The inspection rules apply only in the areas listed in Schedule 5 of the regulations. Existing pools in some regional and remote areas outside townsites are excluded.
  • New barriers are inspected within 30 days, and failed barriers reinspected within 60 days.
  • No certificate is needed to sell or lease.

Official info: WA pool safety

South Australia

  • Law: Planning, Development and Infrastructure Act 2016 and the PDI (Swimming Pool Safety) Regulations 2019.
  • New barriers currently follow AS 1926.1-2012 (NCC 2022) until SA adopts NCC 2025 on 1 May 2027.
  • Pools built before 1 July 1993 must be brought up to Ministerial Building Standard MBS 004 before settlement when the property is sold (sales after 1 October 2008). No inspection is required at sale.
  • No lease certificate. The regulations name sale (transfer of title) as the trigger for pre-1993 upgrades.
  • No periodic inspections. Councils inspect new pools. A CPR sign is required for new pools.

Official info: SA pool safety

Tasmania

  • Law: Building Act 2016. New barriers must meet AS 1926.1-2012.
  • Pools installed before 1994 are not legally required to have a barrier, although one is recommended.
  • Pools installed from 1994 that can hold 300mm or more, including inflatable and relocatable pools, need a compliant barrier.
  • No statewide register, sale certificate, lease certificate or periodic inspection scheme.

Official info: Tas pool safety

Australian Capital Territory

  • The pool safety scheme started on 1 May 2024, with a transition period ending 30 April 2028. The certificate is now called a compliance status certificate.
  • Pools built or altered before 1 May 2013 must have a certificate before 1 May 2028, lodged with the ACT Government. Pools built or altered from 1 May 2013 don't need to get one by that date.
  • During the transition, sellers and landlords must give Pool Owners Guidance Material (for pools built before 1 May 2023) plus one of: a pool disclosure statement, a certificate of occupancy no more than 5 years old, a compliance certificate, or a Ministerial exemption certificate.
  • From 1 May 2028, a compliance status certificate is required for disclosure when selling or leasing.
  • Certificates issued before 1 May 2028 last until 30 April 2032. Later certificates last 5 years. Either ends early if the pool or barrier is substantially altered.
  • New barriers can use AS 1926.1-2012 or AS 1926.1:2024 until 1 May 2027, then the 2024 edition applies.

Official info: ACT pool reforms · ACT disclosure obligations (PDF)

Northern Territory

  • Law: Swimming Pool Safety Act 2004. The rules apply to small premises, under 1.8 hectares. Owners of larger premises can choose which standard to meet.
  • Pools completed from 1 January 2003 must meet the Modified Australian Standard (based on the 1993 and 1995 editions) or the non-standard safety provision, and need a compliance certificate.
  • Pools completed before 1 January 2003 need nothing until the property is sold or leased. They can then use a compliance certificate, or an acknowledgment notice if the owner declares the pool meets the Community Safety Standard.
  • Selling: the Land Titles Office won't register the transfer without the right document, such as a compliance certificate or, for older pools, an acknowledgment notice. A buyer can get a provisional certificate and finish works within 3 months.
  • Leasing: a landlord must not enter a tenancy unless the pool has a compliance certificate (post-2003 pools) or a compliance certificate or acknowledgment notice (pre-2003 pools), in the owner's name.
  • Applications go through the NT Pool Fencing Unit. No pool register and no set certificate expiry.

Official info: NT pool standards · NT pools at rental properties

Moving to Queensland With a Pool?

If you've bought or rented in another state, a few Queensland rules tend to surprise people:

  • Certificates are shorter. Two years for a non-shared pool, one year for a shared pool, compared with three years in NSW.
  • Selling without a certificate means a Form 36. It goes to buyers before the contract, and to the buyer and the QBCC before settlement. Read our Form 36 guide.
  • Leasing a house with its own pool needs a certificate first. A Form 36 can't be used for a non-shared pool.
  • Older pools aren't grandfathered. Every regulated pool must meet QDC MP3.4 (AS 1926.1-2007), whenever it was built.
  • Every regulated pool is covered, including portable pools that can hold 300mm or more, unless they meet the small wading pool exemption.

Frequently Asked Questions

Do I need a pool safety certificate to sell a house in Australia?

It depends on the state. Queensland, NSW and the NT require a certificate or approved alternative when selling, and the ACT requires disclosure now and a compliance status certificate from 1 May 2028. Victoria, WA, SA and Tasmania have no sale certificate, although SA requires pre-1993 pools to be upgraded before settlement.

Which states use AS 1926.1:2024?

AS 1926.1:2024 was published in August 2024 and is referenced by NCC 2025. In the ACT it can be used now and becomes mandatory for new barriers on 1 May 2027. Victoria adopted NCC 2025 on 1 May 2026, so new barriers there may fall under the 2024 edition, but check with your building surveyor because state guidance still refers to the 2012 edition. NSW, WA, SA and Tasmania use AS 1926.1-2012 for new barriers, and Queensland uses QDC MP3.4, which calls up AS 1926.1-2007.

Does a new standard mean my existing pool fence has to be rebuilt?

No. A new edition of AS 1926.1 applies to new barriers and, in some states, to barriers being altered. In most states, an existing compliant barrier is assessed against the rules that applied when it was built. Queensland is different: every regulated pool must meet the current Queensland standard (QDC MP3.4), whenever it was built.

Does Queensland use AS 1926.1:2024?

No. Queensland pool barriers are assessed against QDC MP3.4, which calls up AS 1926.1-2007 and AS 1926.2-2007 with Queensland modifications. Queensland's guidance states later editions don't apply until they are given effect through the Building Regulation and the QDC.

What happens if a Queensland pool fails inspection?

The inspector must issue a Form 26 nonconformity notice within 2 business days. The owner can ask the same inspector to reinspect within 3 months. If no reinspection is requested in that time, the inspector must notify the local government. The barrier must still comply at all times; the 3 months is not an exemption.

Is an Airbnb pool a shared pool in Queensland?

Not automatically. A shared pool is one that residents of two or more dwellings have a right to use. A standalone house let to one group at a time is not made shared just because it's let short-term. A property with separate self-contained dwellings that use the same pool, such as a house and granny flat, may have a shared pool. It depends on the property, so check with the QBCC if unsure.

Which states require a pool certificate to lease a property?

Queensland, NSW and the NT require a certificate (or, for some older NT pools, an acknowledgment notice) before leasing. In Queensland a Form 36 can be used for a shared pool but not a non-shared pool. The ACT requires disclosure now and a compliance status certificate from 1 May 2028. In Victoria, landlords must give renters the compliance certificate on request.

How is Queensland different from NSW?

Queensland certificates last 2 years for a non-shared pool and 1 year for a shared pool, while NSW compliance certificates last 3 years. Queensland uses a Form 36 when selling without a certificate; NSW uses a certificate of non-compliance. In both states the buyer then has 90 days. Queensland uses QDC MP3.4 (AS 1926.1-2007) for all pools, while new NSW barriers use AS 1926.1-2012.

Is Victoria's Form 23 the same as Queensland's Form 23?

No. Both are called Form 23, but in Queensland it is the pool safety certificate needed to sell or lease, valid for 1 or 2 years. In Victoria it is a certificate of barrier compliance that must be lodged with the council every 4 years.

Do inflatable and portable pools need a fence?

Usually, but the threshold wording differs. Queensland, the ACT, Tasmania and the NT cover pools that can hold 300mm or more; NSW, Victoria, WA and SA use "more than 300mm". There are exemptions, such as small portable wading pools without filtration in Queensland and inflatable pools without filtration in the ACT.

Who can issue a pool safety certificate in Queensland?

Only a pool safety inspector licensed by the QBCC. You can check a licence on the QBCC Licensee Register. Neil Sharp of Brisbane Pool Safety holds licence PS15235214.

Sources

General information only, not legal advice. Rules change and can depend on when a pool was built. Always check the official source for your state. Last reviewed 12 October 2026.

Pool in Brisbane or Moreton Bay?

Book a QBCC-licensed pool safety inspection with Brisbane Pool Safety, from the 2024 SPASA National Gold Winner and 2026 SPASA Queensland Gold Winner.

QBCC Licence: PS15235214