Definition

The Building Act 1975 defines a swimming pool as an excavation or structure which is:

• Capable of being filled with water to a depth of 300 millimetres or more
• Capable of being used for swimming, bathing, wading, paddling or other human aquatic activities
• Used, designed, manufactured or adapted for the purpose mentioned above, despite its current use
• This includes spas and wading pools (other than portable wading pools).

It does not include a:

• Fish pond
• Ornamental pond, manufactured to be used for ornamental purposes
• Dam used for aquaculture, marine research or storage of water
• Watercourse
• Spa bath situated in a bathroom which is not continually filled with water
• Birthing pool used solely for water births
• Portable wading pool.

A portable wading pool is defined as:

• Capable of being filled with water to a depth of less than 300 millimetres
• Having a volume of no more than 2000 litres
• Having no filtration or pumping system

*All three of the above criteria must be met to be exempt

Building application

Building applications are required for all swimming pools, spas and fences.  Construction and maintenance of swimming pools, spas and fences must comply with:

• The Building Act 1975
• Building Regulation 2006, and
• Relevant Australian Standards

All property owners are responsible that the pool, spas and fences are compliant at all times. 

Pool safety basics

• Register your pool - You can check if your pool is registered on the pool safety register.  Enter your address and click ‘Search’.  When the ‘no pools are recorded on this property’ message comes up, click on ‘Register Pool'.
• Make sure your pool barrier complies with the law - To help you understand more, see Does your pool comply or to make it make it even easier, use our online pool compliance checklist.
• Get a pool safety certificate - This is a requirement only when properties are sold or leased.  Find out all the facts or go online to find a licensed pool safety inspector if you need to get a certificate.
• For more information on swimming pool safety regulations visit the Queensland Building and Construction (QBCC) website.

Lodgment of building applications

For building applications and information go to: Lodging and extension of building and plumbing applications

Building applications can be lodged either by:

• Email (see details below) 
• In person or by post.

Applicants must follow council's requirements for lodgment - How to lodge an application.