New legislation will end the need for a swimming pool lifeguard on complexes of less than five residential units will be met with huge relief from smaller development complexes.
Following years of complaints and concerns regarding the outdated and unworkable regulations on public and some private swimming pools in Cyprus, the obsolete laws are on the brink of change.
So tough have the regulations been that many complexes rented to tourists or sold to individuals were forced to close their pools in recent years.
At the end of 2023, the interior ministry presented a bill aimed at upgrading legislation regarding the characteristics and inspections of public and private swimming pools during a House interior committee meeting.
The revised bill, which is currently before the Legal Service, proposes three categories of swimming pools:
- The first category concerns swimming pools in water parks.
- The second category covers hotel and tourist accommodation pools including those catering for more than five residential units.
- The third category encompasses all others, smaller than five units which are rented to tourists or sold.
Depending on the category, construction permits will be issued, and periodic inspections will be carried out. Specifically, the bill specified that swimming pools included in the first two categories will undergo systematic health and safety checks, while those in the third category will only undergo sampling.
Additionally, lifeguards will now be required for supervision only in pools falling under the first two categories.
“The new legislation for swimming pools is now at the final stages of legal audit from the Legal Service,” a source at the interior ministry said.
“It will be approved by the Legal Service and then it will have to be approved by the cabinet.”
This development was confirmed to the Cyprus Mail by the Legal Service as well.
In particular, the problem arises from the fact that Cyprus has for years categorised communal pools found at private complexes as public ones, subjecting them to strict laws designed for public facilities.
This has led to extensive requirements for obtaining a licence for a communal pool, including specific construction standards, the presence of a qualified lifeguard on duty at all times, and professional pool maintenance supervision.
“I own an apartment in Emba where the pool is currently closed due to the fear of prosecution of not adhering to the swimming pool laws,” Pam Simcox told the Cyprus Mail.
“One of the stipulations being that we need toilets, changing rooms and a lifeguard on duty. If things don’t change, this will be our third summer without use of the pool.”
She explained that, in order not to risk breaking the law, some of her family members preferred booking a hotel in the area, so that they could use the swimming pool.
“However, they noticed that there has been no lifeguard on duty since they arrived last week. Some friends of theirs are staying in holiday apartments nearby with no lifeguard there either.
“So, the irony is that we cannot use our apartment pool because the other residents and I cannot afford a lifeguard, yet they are actually paying to stay in a hotel operating without lifeguards!”
Peyia councillor Linda Leblanc has been advocating for legislative differentiation between private communal pools and public ones since 2007.
Over the years, she repeatedly stressed that Cyprus could easily implement EU standards, which classify complexes with shared pools for property owners, their guests, and families as ‘Type 3’ swimming pools, subject to different standards from public pools.
Leblanc highlighted the detrimental impact of the current laws on Cyprus tourism and property markets, urging for a swift resolution.
She often underlined the need for a proposal to change the law and for the interior ministry to take action, suggesting that solutions could be implemented quickly with a few adjustments to EU standards.
At present, privately owned holiday villas offered for rentals on platforms like Airbnb are also under scrutiny. Complex owners are being informed that their pools require operating licences due to being regarded as public ones, leading to closures and financial losses for property owners.
Russell Flick, a communal property specialist living in Limassol, started an online petition to change the law. The petition garnered over 8,000 signatures, enough to bring it before parliament. However, despite the widespread support for reform, progress has been slow.
Flick echoed Leblanc’s sentiments, stressing the urgent need for a review of the law and the application of common sense.
Speaking to the Cyprus Mail, he said that the strict enforcement of swimming pool laws, particularly in the Paphos district, has left many complex owners frustrated and facing financial hardships.
The situation has also raised concerns among prospective property buyers and investors, who may be deterred by the uncertainties surrounding swimming pool regulations. This could have long-term implications for Cyprus’ tourism and property sectors, which rely heavily on attracting foreign investment and visitors.
As discussions continue regarding the proposed bill from the interior ministry, stakeholders remain hopeful for meaningful reforms that will address the concerns raised by both property owners and industry experts. However, there is a pressing need for swift action to modernise swimming pool regulations and ensure the sustainability of Cyprus’ tourism and property markets in the future.
The proposal is a step in the right direction, but stakeholders are still calling for comprehensive reforms that take into account the complexities of the tourism and property sectors.
It may be useful to take some advice to see if owners who purchased property with a pool could go to ECHR regarding the new law. Under property rules owners have the right to enjoy their property and as the Government are about to introduce a law that is simply not workable and potentially has a negative impact on the value of the property they may be in breach of this rule. Maybe if hundreds of complexes joined together and put in a claim they may decided to look again at the law they are about to pass.
The question was raised with the EU Parliament back in 20111 – EC replies to legal rulings on Cyprus swimming pools.
Not all complexes were built as tourist accommodation , our original planning and land registration is for over 100 private residential units. Cypriot ambiguity again at its best
Nothing new .. nothing has changed if this is implemented. Most complexes will either break the law and run the risk of a fine. Owners will see a massive devaluation of their property. I feel for those who are currently in the mix of buying I bet they don’t even know what they are buying into as nobody will tell them..sellers won’t estate agents wont and their lawyers won’t even tell them either.
What a mess
What a fiasco, who dreamt up the number of units at five? As all the other contributors say, it excludes most complexes, ours for instance has seven units all leading directly onto the pool area. We have had to close our pool due to non compliance with current legislation, and with no possibility of providing toilets and changing facilities let alone affording a lifeguard even if one were available. There is no sensible safety argument to provide a lifeguard with only owners and their families allowed to use the facility.
I’m not sure when the existing legislation was augmented, our complex was built eighteen years ago and in no way could it ever conform with the current rules and possibly those in force at that time. Therefore perhaps the developer was at fault by providing (selling) a facility which was unable to satisfy the regulations, in which case we might have grounds for compensation.
The new law is a disaster and does nothing for the vast majority of complexes with swimming pools.
One avenue worth investigating is to transfer the swimming pool to one of the unit owners. That owner will then give his written permission that that every owner and their guests can use the swimming pool.
Regards,
Nigel. I doubt that can be done under the law but most of all the pool then is not jointly commonly owned, so who pays the operating costs? There is then nothing in Law 6(I) of 1993 nor the supposed amended community law that caters for this.
Then how do you exclude apartments that rent on the likes of airbnb or holidays.com? There are plenty of complexes that should be private residential but in truth people buy them, obtain a licence from the deputy Minsitry of tourism and rent out with abundant issues.
Most laws here are a mess, as is enforcement and control. Most turn a blind eye until a death occurs then everyone pays in some way. Tourism licenses should only be granted if the complex is zoned as tourist and only if a pool is fully licensed and compliant.
As for paying for the pool, the Management Committee collects the common expenses that will include the cost of operating the the pool.
It wouldn’t be possible to exclude airbnb type rentals – these would be treated as visitors or guests of the owner. I’m sure hoteliers would be delighted if the owners of residential properties were banned from renting their property, but there’s no way this could be policed adequately.
I was talking with someone in the know yesterday – most of the authorities turn a blind eye and enforcement of the law rarely happens.
(It used to be the case that it was illegal to occupy a building or permit a building to be occupied until an approval certificate for the building had been issued. This was ignored by all.)
What does this mean for those residential complexes with more than 5 units? Do they have to have a lifeguard on duty? Most complexes struggle to get owners to pay their communal fees and certainly don’t have the extra funds to cover the cost of a full time lifeguard.
It look as as if complexes with five or more units will need to be lifeguarded. But where all these lifeguards are going to come from is anyone’s guess.
Virtually every complex in Cyprus has more than 5 units who OWN THEIR POOL.
If a complex has locked gates to prevent non owners getting in then surely it cannot be classed as PUBLIC – the public do not have access.
This change is still an absolute disaster and ignores any form of common sense – there’s some sort of hidden agenda is this legislation.
I agree David, It is a disaster and I wouldn’t be surprised if there’s a hidden agenda – or powerful lobbyists from the tourist industry.
So no change in the law for apartment complexes with more than 5 residential units, which would include the majority of complexes. The old law was not enforced in many areas, but if the new law is enforced, this will cause the closure of many communal pools, as it will be unaffordable for residents to fund lifeguards. This is a crazy situation, after all there are miles of public beaches where people can swim without lifeguards, so why have such a policy on communal pools! All private pools owned by residents should be exempt!
I agree Steven, The revised law does nothing for complexes with five or more dwellings, which comprise the vast majority of complexes.
I don’t know why they didn’t adopt the EU regulation like France, Spain, Italy and UK. There are not enough lifeguards in Cyprus to meet the demand.