What is a Form 39 pool fencing notice in Queensland?

What is Form 39, and which law is it made under?

Form 39, ‘Notice of proposed fencing work for a swimming pool barrier’, is the approved form for the notice required by section 245XM of Queensland's Building Act 1975. The form says so on its face: “This form is made under section 245XM of the Building Act 1975.” The copy we read is Version 4, June 2017.

That matters because most dividing-fence guidance in Queensland points to the Neighbourhood Disputes (Dividing Fences and Trees) Act 2011, and for a pool barrier that is the wrong place to look for the procedure. Section 9 of that Act states that its Parts 3 to 6 do not apply in relation to a fence, or part of a fence, that is a barrier of a regulated pool, and its note points to the Building Act, chapter 8, part 2A. The neighbourhood disputes law still supplies definitions the Building Act borrows, such as what a sufficient dividing fence is, but the notice, the timelines, the cost split and the QCAT process come from the Building Act.

For a Queensland dividing fence that forms part of a pool barrier, the procedure is in the Building Act 1975, not the neighbourhood disputes law.

Form 39 is only about the fence. Whether a neighbour has any say over the pool itself is a separate question, covered in can my neighbour object to my pool. The barrier requirements themselves are in pool fence rules by state.

What must a Form 39 notice contain?

Section 245XM sets the minimum. The notice must be in the approved form and state:

• a description of the fencing work, including the design, dimensions and materials;
• the line on which a new or replacement fence will be built;
• if you need to go onto the neighbour's land, which parts and at what times.

If you want the neighbour to contribute, the notice must also state the estimated cost including labour and materials and the proposed proportions, and it must be accompanied by a copy of at least 1 written quotation.

The form itself asks for the location and extent of the barrier on the common boundary, a proposed start date, one of three cost options (you bear all costs; a half share; or a stated split), and whether access is needed. Its notes suggest reasonable access, for example a two metre strip beside the work, at times such as between 7am and 7pm. A neighbour who is asked to contribute responds on Form 41, the agreement to contribute, according to the Queensland Government's dividing fences page.

A Queensland Form 39 that asks the neighbour to contribute must be accompanied by at least one written quotation for the fencing work.

That quote requirement is where most people start: what a pool fence costs gives the published ranges, and you can get pool and fencing quotes to attach.

How long do I have to wait after giving Form 39?

It depends on whose side the pool is on, and that single fact decides whether the fence takes two weeks or several months.

• Only your side has a pool: give the notice at least 14 days before the work. You may then build along the boundary, or alter or replace the existing dividing fence, without the neighbour's agreement, provided the barrier will meet the pool safety standard and be a sufficient dividing fence (sections 245XB and 245XD). Form 39 tells the neighbour that you may start 14 days after the notice “unless you obtain an order from the Tribunal”.
• The neighbour's side has a pool: the form requires at least 1 month's notice, and under sections 245XE and 245XF the work needs agreement or a QCAT order. If you have not agreed within 1 month of the notice, either owner may apply to QCAT, and must do so within 2 months of it.

The stage that takes longest is the disputed two-pool case: a month to try to agree, up to two months to apply, and then however long QCAT takes to hear it, which no source we read states. The Queensland Government's dividing fences page describes the 1 month and 2 month periods as applying to disagreements about Form 39 generally; in the Act we read, they are written into the two-pool and neighbour-alteration sections.

Where only one side of a Queensland boundary has a pool, Form 39 gives the neighbour 14 days' notice; where the other side has a pool, it is a month and needs agreement or a QCAT order.

Build the notice period into your program. The rest of the timeline is in how long it takes to build a pool.

Who pays for a pool fence on the boundary in Queensland?

Section 245XH sets a user-pays rule. Where only one side has a pool:

• work attributable to the pool owner complying with the pool barrier obligation is paid for solely by the pool owner;
• work not attributable to that obligation is shared equally;
• altering or replacing a special purpose fence, such as one built to an approval condition or as an acoustic barrier, or a fence over 1.8m, is entirely the pool owner's cost.

Where both sides have a pool, work needed for both to comply is shared equally, and work needed for only one of them is paid by that owner. Altering or maintaining only one side of the fence is paid for by the owner on that side, and damage caused by a negligent or deliberate act is restored at the cost of the owner responsible.

Two details from the form are worth knowing before you pick a height. Replacing a fence with similar materials at 1800 millimetres is the form's default option, and its notes state that where a pool barrier is 1800 millimetres high, climbing objects on the adjoining land do not affect compliance with the pool safety standard. See what it costs to raise a pool fence.

Under Queensland's Building Act, the pool owner pays for the part of a boundary fence that exists to make the pool barrier comply.

What can my neighbour do after receiving Form 39?

The neighbour can agree, comment, or disagree, and the form lists those options. Disagreeing is not a veto where only your side has a pool; the neighbour's route is QCAT, which section 245XO gives jurisdiction over any matter under this part.

Section 245XQ lets QCAT order, among other things, the line of the fence, the kind of fence and the access, how contributions are split, when the work is done, any retaining wall work needed, and whether the fence would comply with the pool safety standard. Section 245XR lets it consider the existing fence, the kind of fence usual in the area, local government policy and the pool safety standard.

If work starts without the required notice, it is unauthorised under section 245XT. The neighbour may apply for an order stopping it (giving you a copy of the application at least 1 day before the hearing), or after the event for an order that you rectify it and bear the cost (at least 3 days before).

Getting the notice right is cheaper than any of that. A barrier on the boundary still has to pass the pool safety inspection, which is covered in the Queensland pool safety certificate. When you are pricing the fence and the pool together, you can compare quotes from builders who cover Brisbane and the Gold Coast.

A Form 39 is a notice, not a request for permission, where only one side of the boundary has a pool.

Common questions

Sources

• Building Act 1975 (Qld), chapter 8 part 2A, ss 245X–245XW, current as at 1 February 2026 — Queensland Legislation
• Neighbourhood Disputes (Dividing Fences and Trees) Act 2011 (Qld), s 9, current as at 1 August 2025 — Queensland Legislation
• Form 39 — Notice of proposed fencing work for a swimming pool barrier, Version 4, June 2017 (read via the Internet Archive copy of 27 April 2025)
• Queensland Government — Dividing fences as pool barriers

General information only, current at 2026-09-28. Pool rules differ by state and by council, and penalty amounts are updated regularly. Confirm your own obligations with your council or a registered inspector before acting.