Cyprus’ long running swimming pool saga made headlines in the Cyprus Mail yesterday in an article “Swimming pool law damaging Cyprus property and tourism” by Beejay Browne.
Beejay reported that the Cyprus tourism and property market are being damaged by outdated and unworkable laws governing swimming pools, which have seen many complexes closing theirs over the last few years.
But the problem has worsened as it seems that privately-owned villas offered to holiday makers on Airbnb other online platforms are next to be targeted.
The problem is that under the provisions of present law, swimming pools that are shared by more than one family are considered as public swimming pools and must therefore comply with strict regulations including the provision of a lifeguard, separate male and female toilets, showers and footbaths.
As a consequence, those who have bought an apartment or a property in any other development with a shared swimming pool have to pay a significantly more in communal charges than those in complexes without pools. This makes buying a property in a complex with a shared swimming pool a much less attractive proposition.
This is how the Cyprus law relating to swimming pools currently stands:
Cyprus Law N.55(I)/92 paragraph 2 states that the term ‘public swimming pool’ also includes the swimming pools of buildings which are used by the owners of the units or their tenants.
Regulation Number 368/96 paragraph 47 (1) states that all the employees relating to the swimming pool have to obtain a health certificate, to be clean and to behave properly.
Regulation Number 368/96 paragraph 47(2) states that all the trained supervisors will be on duty during the operation and the use of the swimming pool. Their number is determined in accordance with the size of the swimming pool and the number of the persons usually using the swimming pool.
Regulation Number 368/96 paragraph 47 (2)(a)(i) states that for small swimming pools at least one trained supervisor is necessary to be appointed.
Regulation Number 368/96 Part VII paragraph 53 states that a license is needed for the operation of a swimming pool by applying to the relevant authority. The last decision is made by the Minister.
The swimming pool saga to date
In November 2005 Lakis Tofarides, the then Chairman of the Land and Building Developers Association, suggested the following measures should be taken to alleviate the situation.
“The swimming pools in apartment buildings and complexes to be considered private (not public) because the residents and their guests use them. At the same time, residents, in proportion to the number of persons living on the building/complex, could be trained as lifeguards. This means that if there are large families on the building, the number of persons to be trained would be decided accordingly”.
“As far as public pools are concerned, the number of supervisory staff needed (lifeguards, etc.) should be reduced”.
In June 2007, Denis O’Hare, Linda LeBlanc and I met with the Permanent Secretary of the Interior Ministry, Dr Lazaros Savvides, and discussed the problems of the swimming pool laws with him.
In August 2008 it was reported that the Cyprus Government was looking to change the swimming pool laws. However, this was yet another vacuous announcement.
In September 2008 the European Committee for Standardization approved two standards relating to swimming pools:
- EN 15288-1: 2008 Swimming pools – Part 1: Safety Requirements for Swimming Pool Design (English)
- EN 15288-2: 2008 Swimming pools – Part 2: Safety Requirements for Swimming Pool Operation (English)
Under these European Standards, which Cyprus should have adopted by March 2009, complexes that share a pool for the use of the property owners, their families and guests are classed as a Type 3 swimming pool, making it subject to different standards than a public swimming pool and would therefore not require lifeguards, etc.
The standard defines ‘public’ pools as “open to everyone or to a defined group of users, not designated solely for the owner’s/proprietor’s/operator’s family and guests independently from paying an entrance fee.”
In 2011 Arlene McCarthy MEP questioned Cyprus swimming pool legal rulings in the European Commission after Paphos municipality took legal action against one of her constituents and others for not having a swimming pool licence for the pool in their holiday complex.
In 2012 a group of residents living at a complex in Kato Paphos had their passports confiscated temporarily for failing to comply with swimming pool regulations.
In January 2015 Phileleftheros reported that Interior Ministry is proposing a new law that would classify swimming pools into five different categories. A main concern is to ensure proper regulation to prevent accidental drownings.
The law will make a distinction between public and private swimming pools, and each category will have its own criteria for construction, operation and inspection.
In December 2016 Phileleftheros reported that an announcement from the Interior Ministry advised that a bill to amend the existing legal framework and regulation of swimming pools has been drafted and forwarded to the Attorney General for legal vetting.
However, during the vetting process it was identified that some of the provisions in the draft bill already existed the Streets and Buildings Law and Regulations; as a consequence, the draft bill was returned to the Interior Ministry for further work.
According to the ministry’s announcement, two pieces of legislation will cover:
- Issues concerning the design and construction of public and private swimming pools will be included in the relevant legislation under the Streets and Buildings law. (A working document will shortly be issued for public consultation.)
- Matters relating to the licensing of swimming pools will be included in separate legislation.
In 2018 a petition was launched calling on the Minister of Interior to change the law. However, the petition has yet to garner the 8,000 signatures required to get it before parliament.
Perhaps the government’s reluctance to make common-sense changes to the law is due to politically powerful individuals and/or organisations with vested interests putting pressure on government to maintain the status quo?
The laws regarding swimming pools are outdated and should be in line with the rest of Europe. Our communal pool has been closed for ages and there are several residents including myself who use the pool for health reasons. In my own case because of rheumatoid arthritis.
I agree Janet, I wouldn’t be surprised if ‘interested parties’ have been lobbying government to stop them changing the law.
I’m afraid one of the stumbling blocks here is that it is only Paphos District and it’s Mayor driving this law, the rest of islands municipalities are simply not bothered…it’s a complete failure of central government leadership and perpetuating discrimination against those, primarily Non Cypriots, who have invested in this country.
For the petition or indeed this issue to reach any kind of attention it needs to be a consolidated effort island wide, with communities coming together and speaking with one voice, support by the developers.
We are owners at a small private development in Peyia. It would be unusual to see more than a half dozen people around the pool even at peak periods. The pool is available to owners, their family and guests but the public are not allowed to use our pool.
All conditions such as separate toilets, shower facilities, a certified pool cleaner etc are in place but it would be ridiculous and completely unaffordable to employ a full-time qualified lifeguard.
The Cyprus Mail makes it clear that this requirement is contrary to EU standards. Nigel is right, Cyprus simply needs to adopt EU standards which do not require a full-time lifeguard to be engaged if a swimming pool is not open to the public. A quick and simple solution to immediately solve this crazy situation and prevent an economic disaster from happening.
I have come across ridiculous regulations, usually a disproportionate reaction to accidents, but this one really beggars belief!
What next? A life guard for every 100 metres of the coast line and every pool of water?
A unsupervised child can drown in a bath, any unguarded part of the coast line, in a river, irrigation pool of water, stream, water reservoir……!
Could this be a usual case of trying to crack a nut using a sledge hammer…or some hidden influence on politicians, by some lobby trying to ruin small holders and drive out competition?
We cannot wrap every visitor with cotton wool from the moment they arrive, where they go and where they swim. There exist such thing as the responsibility of parents and Guardians, most of whom would consider it as an insult and invasion of privacy anyway!
Time to treat visitors as responsible people who would not like that kind of attention or invasion of privacy on a free visit to the island.
Let us make sure we vote people in government with better common sense and free of corruption, that is where the real problem is or Cyprus, in my humble opinion, will soon end up the laughing stock of Europe.
I have come across ridiculous regulations put together as a disproportionate reaction to accidents involving water by this one really beggars belief! What next? A life guard for every 100 metres of the coast line and every pool of water?
A unsupervised child can drawn in a bath, any unguarded part of the coast live, in a river, pool of water, stream, water reservoir……!
Is this the usual case of trying to crack a nut using a sledge hammer…or some hidden influence by the hotel ‘big’ boys trying to ruin small holders and drive out competition?
We cannot wrap every visitor with cotton wool from the moment they arrive, where they go and where they swim! Visitors would not like that kind of attention or invasion of privacy on a free visit to the island I am sure.
Let us make sure we vote for people in government with common-sense and free of corruption, that is where the real problem is or Cyprus, in my humble opinion will soon end up the laughing stock of Europe.
10 Apartments on a complex and 1 pool, number 9 apartment has the pool register on its title, with an agreement that the pool can be used by any other owner in the block together with their friends and family, to use at their discretion, problem solved
Unfortunately, the pool would still be considered a public pool as more than one family and their guests would use it. (That’s why the owners of rental villas are probably next.)
I suggest there is an issue here that many owners have little understanding off.
1. Whether you agree with the current law or not, it is the law and committee’s commit an offence by doing so.
2. Should a tragic incident occur, then its questionable if the community public liability insurance, required under communities law (as a minimum perhaps) would pay out, it’s a simple way out for insurance companies. All they need to ask for is the public type 3 pool licence, mechanical survey inspection details, health approval, all the required mandatory independent lab test reports, (they all just rely on the pool contractor which is not in accordance with the law) and of course life guard details.
3. As the saying goes, ignorance of the law is no excuse and therefore committee members could leave themselves open to personal prosecution as a breach of fiduciary duty.
4. In its present form the communities law 6(I) of 1993 states that a community can be sued which means owners in the event of loss or declined insurance claim are each liable and faced with that prospect in a large payment case, owners would then likely consider during the committee.
5. Committee do not put agreement of how to deal with this to community EGM’s because you cannot vote for an unlawful act.
Yes the law should be modified but then again where is the line drawn? A pool with say 10 apartments, or a multiple pool arrangement for a large complex of 100 apartments, likely many unlawfully having holiday guests including your persons, without the required tourism licence for that as well.
Absolutely spot on…most complex properties with communal pools are owned and rented by guests of this country and they should be observing the laws of this country no matter what they are
Good point David, but on the reverse side of the coin do you think the Authorities would get away with these draconian and outdated regulations if those effected were predominantly Cypriot?
Yes we are guests in this country, have invested in it and support its economy. There is simply not enough pressure on the Government to enable the EU recommendations, the majority of municipalities ignore this law and rightly so, it is those owners in Paphos District bearing the brunt on this discrimination, it is a failure of Government and complacency by those not directly impacted.
Sorry to say but your comment sounds very sheepish to me. This is the problem in Cyprus….far too many sheep following whatever is thrown at them without a fight!
People closing down their pools and selling their properties as they cannot afford lifesavers expenses? Very sheepish and cowardly I am sorry to say especially when Cyprus ‘law’ ignores EU and international law.
Trouble is the type 3 pool standard doesn’t apply here it’s an EU standard not a law or rule and that standard was not accepted and thus is not applicable in Cyprus currently. So national.law as defined by the 1992cl law and it’s 1996 amendment applies . So it’s either public or private and the law defines any pool used by more than one household is public no matter whether fenced gated or signed as private or resident only etc etc
If Cyprus adopted the EU standards, the swimming pool problem would be resolved at a stroke.
Home grown issue that needs resolving as soon as possible. If these standards were supposed to have been adopted by Cyprus in 2009 to reclassify pools on complexes how can the government then justify fining people/ complexes. This really will spell the end of the tourist and housing market. I thought that Cyprus had become the Capital for Smart tourism this mess is far from Smart!
If the government intends to prosecute the elected members of the Owners Committees (committees required by law for multiple properties) then no one is going to volunteer to serve on those committees. The whole system will collapse resulting in those wanting to own property in holiday destinations will simply up sticks and leave – Cyprus will then be full of unoccupied units, no income to maintain the complexes and the resulting decline in tourism.
We all know that these stupid rules governing swimming pools are unworkable and must be changed. Swimming pools are NOT dangerous – it’s the users who need to be taught to use common sense, look after your children etc.
More people die in the sea than in swimming pools – should the sea be fenced off to prevent access?! Let’s have some common sense in this matter. Please.
It is the owners that are taken to court and fined, not just committees.
Have you signed the petition set up some years ago. It has taken four and a half years to reach 5,938 online signatures. Since the Cyprus Mail published the article on Tuesday, signatures reached 6588 on Friday.
Please sign and encourage your friends and neighbours to do the same.
Petition standing at 6800 now so we’ve gained some momentum …let’s hope with the recent momentum we reach the required 8000 in the coming weeks… Am sure there are others who have signed a hard copy petition on other complexes so I further hope those can be submitted to the organisers of the petition….
Where can we find the petition please?
There’s a link to the petition in my article.