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By Antonis Loizou F.R.I.C.S. – Antonis Loizou & Associates Ltd – Real Estate Valuers & Estate Agents
There is a huge and serious confusion whether a swimming pool is private or public. The prevailing regulations (even this is not clear) stipulate that a pool is considered as being public if it serves more than ten units within a complex. In addition, and so there is no further confusion, a public pool must be provided with WCs for men/women, a first aid room, showers, lockers and the provision of a qualified lifeguard during the pools’ operation, whereas the local authority should regularly inspect the pool and provide certificates of the water quality and the management of the pool as a whole.
So a project with 11 apartments must have all the above requirements if it has a common pool. Is this logical and if it is, is it practical? Who is going to pay the cost of the lifeguard (say about eight hours a day) which could amount in this case to at least 100 euros p.m. per unit over and above the ordinary common expenses, let alone the additional cost of the installations (including special steps for the invalid, fencing all around, lock up the pool when the lifeguard is not there, etc).
The whole definition, as circumstances stand at present, is a lot of nonsense with its unacceptable requirements and of course the added cost. And all these in addition to the various occupiers’ peculiarities such as, “I am not using the pool so I will not pay” and suchlike attitudes.
Having said this, the authority in charge (which is the Electro-Mechanical Services Department) has a different view by saying that a public pool is one which is open to the public and for which an entry fee is charged. As such, this Department does not deal with common-use pools and even refuses to examine an application which we all understand as being private. So, it is not surprising that on several occasions the swimming pools are filled with earth and planted as a garden (other reasons apart for not paying the common expenses). In a couple of occasions where the building permit authority insisted that the “private” pool was public and having confronted the authority, the reply was “this is a matter of health and security”. To which we add, does it matter if the project has nine units and is it that important if it has ten?”.
We have submitted our opinion to the Ministry that it is better to abolish a non workable regulation and replace it with other requirements, including limitations on low depth pools (e.g. 1.50 meter depth, no diving board, step and slides for the invalid etc.)
Beyond the whole confusion, the E.U. regulations (which prevail the local ones) state clearly that a public pool is a pool which is open to the public and for a fee. Adding to the whole confusion even more, some local authorities require a pool to have a 3 m. distance from the boundary and further 1.5 m. distance.
The new Ministry of Interior should look into this since it affects the title issue (lack of facilities) and then the legal obligation of the administrative committee.
So, on a couple of occasions, we came up with the idea of registering the common pool on one of the units and with the remaining ones having a “right of use” to it. The problem is who will accept the registration of the pool on his title, which by projection involves the responsibility legal/running cost, etc.
This matter came up after a report from a neighbour to the Municipality of Paphos for an abutting project that the pool was causing nuisance and with the Mayor announcing that the Municipality will take such projects to court if the “health and safety” regulations are not kept. Furthermore, if the Municipality insists on this, it will mean that almost all project pools will be considered public, will become non viable and run down causing them to close down.
Bear in mind that the pumping room of a pool may or may not be underground. This is the mechanical box of the pool that must remain at a distance of 1.50-3 mts. from the boundary and if not, the neighbour who adjoins on the swimming pool must declare that he has no objection, since the claim is that the noise of the mechanical room could create a nuisance (if not the pool itself).
A client of ours had to pay €2.000 as “compensation” to the neighbour in order for him to sign the approval (he was claiming that he will not be able to sleep due to the pool noise and this notwithstanding that his property has no building on being a vacant land!).
We have many problems in the building industry and this is simply another one which we do not need.
www.aloizou.com.cy [email protected]
