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Beejay reported that the Cyprus tourism and property market are being damaged by outdated and unworkable laws governing swimming pools, which have seen many complexes closing theirs over the last few years.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?