Receiving a Form 26 pool safety non-compliance certificate is common — barrier standards are strict, and wear over time causes many previously compliant barriers to fail. Form 26 is not a fine or prosecution notice; it's a formal checklist of what must be fixed before a Form 23 certificate can be issued.
This guide explains what Form 26 means, typical non-compliances and their fixes, who can do rectification work, and what happens after repairs are complete.
What is Form 26?
Form 26 is the official "Pool safety non-compliance certificate" issued by a licensed QBCC pool safety inspector when a pool or spa barrier does not meet the required safety standard. It lists every non-compliance identified during the inspection, usually with descriptions, measurements, and photographs.
The certificate is lodged with the QBCC and recorded against the property. It does not expire — the non-compliances remain on record until a subsequent Form 23 (compliance certificate) is issued after rectification.
Why do barriers fail inspection?
Pool barriers built to code often deteriorate or become non-compliant over time due to:
- Worn gate hardware — springs lose tension, hinges sag, latches misalign
- Ground level changes — garden beds, mulch, or pavers raise the level near the fence, reducing effective barrier height or creating climbable zones
- New climbable objects — air conditioning units, water tanks, stacked furniture, or established plants placed too close to the fence
- Corrosion — coastal and high-humidity areas accelerate rust on metal latches, hinges, and shields
- Unauthorised modifications — gates replaced with non-compliant hardware, or fence sections removed for access
Even minor issues trigger Form 26. Queensland's pool safety standards allow no discretion — a barrier either complies fully or it doesn't.
Common Form 26 non-compliances
Gate and latch issues (most common)
- Gate doesn't self-close from any open position — worn or broken closure springs, misaligned hinges
- Latch doesn't engage automatically — striker plate misaligned, latch mechanism worn or corroded
- Latch height below 1500mm — often after fence posts have rotted and settled, or ground level raised
- Latch shield missing or ineffective — corroded, bent, or incorrectly sized shield that no longer prevents children reaching through to operate the latch
Climbability issues
- Climbable objects within 900mm of the non-pool side — pot plants, outdoor furniture, wheelie bins, garden beds, retaining walls, stairs, or landscaping features
- Climbable objects within 300mm of the pool side — pool equipment, decking boxes, or steps
- Horizontal rails or design features that aid climbing — fences with mid-rails spaced 900mm apart provide footholds
Height and gap issues
- Barrier height less than 1200mm — measured from the ground or any climbable surface within 900mm
- Gaps exceeding 100mm — under gates, between fence panels, or through decorative elements
- Ground clearance under gate exceeds 100mm — often caused by soil erosion or removed pavers
Door and window issues (where the house forms part of the barrier)
- Doors without compliant self-closing and self-latching devices — or alarms that no longer function
- Windows that open more than 100mm — into the pool area without screens or restrictors
What must you do after receiving Form 26?
You are legally required to rectify all listed non-compliances. There is no grace period or statutory deadline in the legislation, but practical deadlines apply:
- If selling: The contract typically requires a Form 23 certificate by settlement. You must fix all issues and obtain Form 23 before the buyer can settle, or risk breach of contract and delayed settlement.
- If leasing: A valid Form 23 is required before a new tenant moves in. The property cannot be lawfully leased until rectification is complete.
- If neither selling nor leasing: You must still fix the issues. A non-compliant barrier is an offence under the Building Act. QBCC or council can compel compliance, and penalties apply if a child is injured due to non-compliance.
Ignoring Form 26 does not make it go away. The non-compliance record stays on the property until rectified.
Who can do pool barrier rectification work?
The licence or qualification required depends on the type of work:
No licence required (DIY-friendly)
- Moving pot plants, furniture, or removable objects
- Tightening loose hinges or screws
- Adjusting latch striker plates (if no cutting or welding is involved)
- Clearing vegetation or garden beds
Licensed builder or pool fencing contractor required (QBCC licence)
- Installing or replacing gates
- Raising fence height (adding panels or extensions)
- Replacing or modifying latch mechanisms and shields
- Cutting, welding, or drilling fence posts or panels
- Installing new barrier sections
Some pool safety inspectors also hold building or fencing licences and can perform rectification work themselves. Others inspect only and will refer you to a licensed contractor. Many handyman services offer minor rectification (gate adjustments, small repairs) without holding a builder's licence — this is technically unlicensed work if structural or fixed, and may not satisfy the inspector on re-inspection.
When engaging a contractor, confirm their QBCC licence covers the work type. Unlicensed rectification work is not insurable, and further delays your Form 23 certificate if the inspector identifies poor workmanship.
How much does rectification cost?
Rectification costs vary widely depending on the issues. Typical South East Queensland pricing as of 2026:
- Moving pot plants or furniture (DIY): $0
- Gate latch adjustment or re-alignment: $80–$180 (often included in re-inspection fee by inspector-contractors)
- New self-closing hinge or spring: $120–$250 per gate
- New latch assembly and shield: $180–$350 per gate
- Replace non-compliant gate: $400–$900 depending on size and material
- Raise fence panels with extension strips: $150–$300 per panel
- Replace entire fence section: $200–$600 per linear metre (depends on material — aluminium, glass, timber)
Labour call-out fees for tradespeople range from $100–$200 in metro areas. Inspectors who offer "rectification + re-inspection on the spot" services often charge a bundled rate of $250–$500 for minor works, which can be faster and cheaper than separate contractor and re-inspection appointments.
Always get a written quote that specifies exactly which Form 26 items will be addressed, and whether re-inspection is included.
Re-inspection and obtaining Form 23
After rectification is complete, the same inspector (or another licensed pool safety inspector) conducts a re-inspection. If all Form 26 items are now fixed and the barrier complies, they issue Form 23.
Re-inspection typically takes 15–30 minutes. Some inspectors include one re-inspection in their original quote; others charge $80–$180 for a return visit.
If additional issues are identified during re-inspection — either because the original rectification was incomplete or because new non-compliances have arisen — another Form 26 may be issued, requiring further work and re-inspection.
What if you disagree with a non-compliance?
If you believe an item on Form 26 was listed in error or that your barrier complies with the relevant standard, you have two options:
Engage a second licensed pool safety inspector for an independent assessment. If the second inspector issues Form 23, the original Form 26 is superseded. However, you'll pay for the second inspection, and if the second inspector agrees with the first, you've gained nothing.
Lodge a complaint with the QBCC if you believe the inspector acted incorrectly, negligently, or contrary to the legislation or standards. The QBCC investigates complaints about licensed pool safety inspectors and can review the assessment. This process can take weeks or months, which is impractical if you need the certificate urgently for settlement.
Most disputes arise from interpretation of "climbable object" — whether a particular garden feature, retaining wall, or decorative element provides a climbing aid. Inspectors generally apply a conservative interpretation: if a child could potentially use it to gain height, it's climbable. Arguing this interpretation rarely succeeds if the inspector has documented their reasoning with measurements and photos.
Can you choose not to fix some items?
No. Form 23 is an all-or-nothing certificate. The inspector cannot issue a partial compliance certificate or overlook minor items. Every non-compliance on Form 26 must be fixed before Form 23 can be issued.
If a particular item is expensive or disruptive to fix (e.g., removing an established retaining wall or relocating an air conditioning unit), your options are:
- Fix it as specified
- Engage a licensed pool fencing contractor to design and install an alternative compliant solution (e.g., a secondary screen or barrier extension that removes the climbability risk without removing the object itself)
- In rare cases, apply to the QBCC for a performance solution that achieves equivalent safety by another method (complex, requires engineering input, not available for most residential pools)
Attempting to sell or lease with an outstanding Form 26 is unlawful. The QBCC lodgement system does not allow Form 23 to be issued if a current Form 26 is recorded for the same pool.
FAQ
Does Form 26 affect property value or sale? Not directly. Form 26 itself is not recorded on the property title, and buyers searching council or title records won't see it unless they specifically request pool safety records from the QBCC. However, failure to provide Form 23 at settlement is a breach of contract, and buyers can delay settlement or potentially terminate if the seller cannot rectify issues in time.
Can I use a different inspector for re-inspection? Yes. Any licensed QBCC pool safety inspector can conduct the re-inspection and issue Form 23 if the barrier complies. You don't need to use the same inspector who issued Form 26, though the original inspector is usually most efficient because they're familiar with the specific issues.
How long does Form 26 stay on the property record? Until a Form 23 is issued for the same pool. There's no expiry or automatic clearance. The QBCC system shows the most recent certificate — if that's a Form 26, the property has a recorded non-compliance.
What if the property changes hands before rectification? The obligation to provide Form 23 sits with the seller at the time of sale. If a buyer proceeds to settlement without receiving Form 23 (perhaps accepting a price reduction or contractual indemnity for the cost of rectification), the buyer inherits the non-compliant barrier and the Form 26 record. The new owner must then rectify it before they can sell or lease the property. Buyers should never settle without a valid Form 23 unless they're fully informed and have negotiated adequate compensation.
Can I just fill in the pool and avoid the whole issue? Permanently removing or filling in the pool removes the obligation to comply with pool safety standards, and no Form 23 is required. However, removal or filling must be done properly (council permits may apply), and you must notify the QBCC that the pool no longer exists so they can remove the pool safety record from the property. Simply emptying the pool or covering it with a tarp does not remove the obligation — a pool is defined by its structure, not whether it currently holds water.