Pool fence non-conformity notice (Form 26): what to do

A Form 26 means the inspector was not satisfied that your pool meets the standard. There is a deadline, so read this first.

What a Form 26 is

The QBCC says a Form 26 non-conformity notice is issued if the inspector is not satisfied the pool complies. It explains how the fence fails and what must be changed.

The QBCC lists two ways a notice may not be needed: the pool is reinspected within 2 days and found compliant, or the owner and inspector agree on minor repairs within 20 business days of the original inspection.

The 3-month window

• The re-inspection must be done within 3 months, and it must be by the same pool safety inspector.
• If it is not done, the inspector must tell the local council, which can fine the owner.
• You cannot get a certificate from a different inspector within those 3 months. The QBCC says you can apply to it for another inspector in some circumstances, such as the inspector becoming ill.

Fixing the fence

The notice lists the items to fix. Common fixes are gaps, heights, ledges and gates, so the glass fence requirements are a good checklist. Replacing a whole fence is sometimes the simplest way to fix several items at once.

The QBCC says some pool safety inspectors are licensed for minor pool safety repairs, and that owners may do some repairs without building approval within limits, for example repairing or adjusting a maximum of 2.4m of the fence or 2 posts.

If you disagree with the notice

The QBCC says a non-conformity notice can be appealed through the Development Tribunal, within 20 days of the notice being issued. Confirm the exact deadline and process with the QBCC or the tribunal, because the pages do not say whether the 20 days are calendar or business days.

Selling or leasing with a notice

A notice is not a certificate. See how the pool safety certificate works for selling and leasing.

Common questions