Queensland Body Corporate Requirements for Pools, Gyms and Saunas

Shared pools, gyms and saunas can improve a body corporate community, but they need regular maintenance and clear management. This guide outlines the current requirements and the practical checks committees should make before operating these facilities.

What are the current Queensland body corporate requirements for pools, gyms and saunas?

There is no single Queensland checklist for every shared pool, gym and sauna. Requirements can depend on the scheme’s plan of subdivision, community management statement, regulation module, facility design and applicable approvals.

The temporary COVID-19 reopening directions, checklists, contact-tracing requirements and distancing measures covered in older guidance are no longer current requirements. They should not be used as the basis for managing a facility today.

The body corporate should identify which facilities are common property, confirm its maintenance responsibilities and check whether other requirements apply to the building or facility. The Body Corporate and Community Management Act 1997, commonly called the BCCM Act, also provides rules about how people use lots and common property. Occupiers must not use common property in a way that causes a nuisance or hazard or unreasonably interferes with another person’s use and enjoyment.

Who is responsible for maintaining shared recreational facilities?

A body corporate commonly manages shared recreational facilities located on common property. It must maintain common property in a good and structurally sound condition, while lot owners are responsible for maintaining their own lots. The precise division depends on the registered survey plan and the regulation module applying to the scheme.

This may include the facility structure, surrounding areas, access points, gates, lighting and fixed equipment. It can also include work needed to prevent damage, rather than only repairs after something has failed.

Before approving significant work, the committee should review the scheme documents and confirm that the item is body corporate property. A maintenance plan and clear contractor arrangements can help identify defects early.

For practical gym maintenance considerations, see Maintaining the Gym. For pool-related maintenance, see Maintaining a Healthy Pool.

What pool safety requirements apply to a body corporate facility?

Queensland pool safety laws apply to pools at unit complexes, as well as other types of property. A swimming pool includes a structure capable of being filled with water to a depth of 300mm or more and used primarily for swimming, wading, paddling or similar activities. Spas and some wading pools can also be covered.

The pool owner must register the pool with the QBCC, have a compliant pool fence, maintain the barrier, keep gates closed and keep climbable objects away from the pool area. A pool safety certificate is also required when selling or leasing a property.

For a shared body corporate pool, the committee should confirm who is responsible for each obligation and obtain suitable inspection advice. The body corporate should check the fence, gate, latch, surrounding ground levels, landscaping and objects near the barrier. A licensed pool safety inspector can inspect the pool and confirm whether it complies.

Each pool needs to be assessed on its own circumstances. A useful further resource is Four Common Pool Safety Compliance Issues for Strata Complexes.

What should a body corporate check before reopening or operating a gym?

The available Queensland sources do not establish a general public-health checklist, capacity limit or cleaning interval specifically for a body corporate gym. Committees should avoid carrying historical COVID-19 requirements into current facility management.

Before operating or reopening a gym, the body corporate should consider:

  • whether the room and equipment are common property
  • whether equipment, flooring, ventilation, lighting and electrical installations are safe
  • whether access rules are clear for owners, occupiers and guests
  • how faults, damage and incidents will be reported
  • whether contractors or other operators have separate responsibilities
  • whether any proposed changes require approval under the scheme documents.

The gym should be inspected regularly. Unsafe equipment should be removed from use until it is repaired or replaced. Cleaning arrangements should be practical and clearly allocated, without suggesting that the body corporate must prevent every risk created by a user.

Users and their guests remain responsible for their behaviour on common property. They must not create a nuisance or hazard or unreasonably interfere with others using the facility.

What safety and maintenance issues apply to a shared sauna?

The listed Queensland sources do not confirm a specific current public-health checklist, occupancy rule or cleaning frequency for a shared residential sauna. The committee should avoid presenting historical COVID classifications or measures as current legal requirements.

A sauna should be assessed as part of the body corporate’s ordinary maintenance and risk-management responsibilities. The committee can check the room, heater, controls, seating, flooring, ventilation, lighting and any signs of damage or overheating. Equipment should be serviced by an appropriately qualified contractor where necessary.

Clear access and use rules can cover unsafe behaviour, unsuitable items, damage, noise and use by guests. If a person’s conduct creates a nuisance or hazard, the body corporate should follow the relevant scheme process and keep appropriate records. Where self-resolution fails, the BCCM Act provides a conciliation pathway for some disputes.

How should the committee manage rules, access, cleaning and incidents?

Start by checking the registered by-laws, community management statement, facility instructions and any caretaker or contractor agreement. The rules should explain access, guest use, opening arrangements, conduct, fault reporting and responsibility for personal belongings.

A practical management process may include:

  • recording inspections and maintenance work
  • providing a clear way to report hazards and equipment faults
  • arranging prompt repairs where an issue could affect safety
  • reviewing repeated nuisance or access problems
  • checking that contractors have suitable qualifications and insurance
  • keeping residents informed when a facility is temporarily unavailable.

The committee should separate the body corporate’s maintenance duties from the responsibilities of users, contractors, operators and occupiers. It should also check that any rules copied from another scheme suit the building and facility.

If the building has prescribed fire safety installations, the Queensland Development Code requires applicable installations to be maintained in accordance with the maintenance code. Body corporate members should determine who is authorised to sign the yearly occupier’s statement and keep maintenance records with the building’s fire safety management plan.

When should a body corporate seek specialist advice or inspection?

Specialist advice is appropriate when the committee is unsure about a pool barrier, electrical or heating equipment, building work, ventilation, fire safety installation or the division of maintenance responsibility.

A committee should also seek assistance when:

  • the facility has repeated faults or incidents
  • a contractor recommends substantial replacement work
  • the body corporate is considering new equipment or changes to access
  • residents disagree about a hazard or nuisance
  • the scheme documents do not clearly identify responsibility.

A licensed pool safety inspector can assist with pool compliance, while appropriately qualified contractors can inspect gym and sauna equipment. Before making a decision about responsibility, the body corporate should also confirm the relevant plan of subdivision and regulation module.

Current requirements for shared facilities depend on the scheme, the facility and the safety issues involved, so contact StrataCare at reception@stratacare.com.au if your committee needs help identifying the next step.

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