If you're selling or leasing a Queensland property with a pool or spa, a Form 23 pool safety certificate is non-negotiable. The certificate confirms your pool barrier complies with Queensland's Building Act requirements and must be obtained before settlement or a tenant moves in.
This guide explains what Form 23 is, when it's required, what gets inspected, and how the process works in 2026.
What is Form 23?
Form 23 is the official Queensland Government pool safety certificate that confirms a pool or spa barrier meets the required safety standard. It's formally called a "Pool safety certificate for a non-shared pool" and is issued by a licensed pool safety inspector after a physical barrier inspection.
The certificate is valid for either:
- Two years for properties being leased (tenant occupancy)
- Two years for properties being sold (from date of issue to settlement)
- Indefinitely after purchase, until the property is sold or leased again
Unlike building approvals or plumbing certificates, Form 23 is not issued at construction — it's an ongoing compliance requirement tied to property transactions.
When do you need a Form 23 certificate?
A valid Form 23 certificate is required in Queensland before:
- Settlement on a property sale — the seller must provide a current certificate dated within the two years before settlement, or obtain one during the contract period
- A tenant moves into a rental property — landlords must have a current certificate before a lease begins, then renew it every two years while tenanted
- Registering a new pool or spa with council — a certificate is required within 30 days of a new shared-use pool being completed (shared pools use Form 24 instead)
Properties with exempt pools or spas (portable spas under 300mm deep, indoor spa baths) do not require Form 23, but most residential pools and permanent outdoor spas do.
If you're not selling or leasing, there's no requirement to hold a current certificate, but your barrier must still comply with the law — inspectors can compel compliance if a safety risk is identified.
What gets inspected for Form 23?
Licensed pool safety inspectors assess barriers against the Queensland Development Code MP 3.4 or the relevant standard that applied when the pool was built (generally AS 1926.1 or AS 1926.2). The inspection covers:
Barrier height and climbability
- Fencing at least 1200mm high (measured from the ground or climbable objects within 900mm)
- No climbable objects like garden beds, air conditioning units, or furniture within 900mm of the non-pool side or 300mm on the pool side
- Horizontal rails spaced to prevent climbing (typically ≥ 900mm gaps or ≤ 10mm gaps)
Gates and latches
- Self-closing gates that close from any open position
- Self-latching mechanisms that engage automatically when the gate closes
- Latches located at least 1500mm above ground, or 1200mm with a 300mm shielded zone where children cannot reach through
- Gates that open outward (away from the pool)
Doors from the house (if the house forms part of the barrier)
- Doors must have compliant self-closing and self-latching devices, or
- An alarm that sounds for 30 seconds when the door is opened (if installed under older standards)
Pool structure and surrounding
- The pool shell and deck do not create climbable access over the fence
- No gaps under or through the fence exceeding 100mm
- Any windows from the house into the pool area are non-openable or restricted to less than 100mm opening
Inspectors also check that gates, latches, and self-closers function correctly under repeated testing. Wear and corrosion commonly cause previously compliant hardware to fail.
How long does a Form 23 inspection take?
Most residential pool barrier inspections take 30 to 60 minutes on site. The inspector will test gates and latches multiple times, measure barrier heights and gaps, and photograph any non-compliances.
If your barrier is fully compliant, many inspectors issue the Form 23 certificate immediately or within the same day after lodging it with the QBCC.
If non-compliances are found, you'll receive a Form 26 (notice of non-compliance) instead, listing what must be fixed. Once repairs are complete, the inspector returns to verify the work and issue Form 23.
What is Form 26 and what happens if your pool fails?
Form 26 is a "Pool safety non-compliance certificate" issued when a barrier does not meet the required safety standard. It's not a fine or penalty — it's a formal notice listing every non-compliance the inspector found, with descriptions and often photos.
Common Form 26 issues include:
- Gates that don't self-close or self-latch properly (worn springs, misaligned strikers)
- Climbable objects too close to the fence (potted plants, stacked furniture, AC condensers)
- Corroded or missing latch shields
- Gaps under gates or fencing exceeding 100mm
- Fencing height below 1200mm after ground level changes
Once you receive Form 26, you're legally required to fix the issues. After rectification, the same or another licensed inspector conducts a re-inspection and issues Form 23 if everything now complies.
Rectification work ranges from minor adjustments (moving pot plants, tightening hinges) to more involved repairs like replacing gates, raising fence panels, or relocating equipment. Many pool safety inspectors also offer barrier repair services, or you can engage a licensed builder or pool fence contractor.
Who can issue a Form 23 certificate?
Only QBCC licensed pool safety inspectors can issue Form 23 certificates in Queensland. These inspectors hold a specific licence class (PS) and are listed on the QBCC register.
Building inspectors, plumbers, pool builders, and council officers cannot issue Form 23 unless they also hold a pool safety inspector licence.
When choosing an inspector, verify their QBCC licence number on the QBCC website. Most inspectors will provide their licence number on their website or quote. Be wary of unlicensed "pool compliance" services that offer to "arrange" certification without holding the licence themselves — the certificate must be issued by the licensed individual who personally conducted the inspection.
How much does a Form 23 inspection cost?
Form 23 inspection costs in South East Queensland typically range from $150 to $350 for a standard residential pool, depending on location, travel distance, and whether a compliant certificate is issued on the first visit.
Some inspectors include the government lodgement fee in their quote; others list it separately. As of 2026, the QBCC charges a $24.40 certificate fee per Form 23 lodgement.
Re-inspection fees after a Form 26 failure vary. Some inspectors include one re-inspection in the original fee; others charge $80–$150 for a follow-up visit.
Same-day service, weekend inspections, and urgent turnarounds for settlement often attract premium fees of $50–$100 above standard rates.
Always obtain a written quote that specifies what's included (inspection, certificate lodgement, travel, re-inspection if needed) and confirm the inspector's QBCC licence number before booking.
FAQ
Can I sell a property without a Form 23 certificate? Legally, no. The seller must provide a valid Form 23 dated within two years of settlement. Contracts that attempt to transfer this obligation to the buyer or waive it entirely are unenforceable under Queensland law — the seller remains liable. Settlement can be delayed if the certificate isn't provided.
What if the pool is empty or the pump is broken? The certificate is about the barrier, not whether the pool is operational. An empty pool, a green pool, or a pool with a broken filter can all receive a Form 23 certificate if the barrier complies. However, if the pool structure itself is severely deteriorated and creates a climbing hazard, that may trigger a non-compliance.
Do indoor pools and portable spas need Form 23? Indoor pools that are entirely enclosed within a building and have compliant doors do not require separate pool fencing, but the doors themselves must meet the barrier standard. Portable spas (those with walls ≥ 760mm high or hard covers meeting AS 1926.3) are generally exempt. Permanent in-ground spas and spa pools require full barrier compliance.
How long is a Form 23 certificate valid for? Two years for sales and leasing. After a tenant moves in or a property settles, the certificate doesn't expire until the next sale or new lease. Owners are not required to renew it while living in the property, but the barrier must remain compliant at all times.
Can I do the rectification work myself? Yes, if the work is minor and doesn't require a building licence (adjusting a gate latch, moving pot plants, tightening screws). Structural work like raising fence panels, replacing gates, or altering openings generally requires a licensed builder or pool fence contractor. Always confirm with your inspector what trade qualifications apply to your specific rectification items.