Pool legislation & public Liability

[tracy68]

Hi

Does anyone know the law on what a communal pool area have to have, my developer is saying that they have the final certificate (whatever this is) and under the municapality of paphos they do not have to provide any facilities around the pool.

Also there is no public liability, they are saying its up to the residents to arrange and pay for this???

At this moment in time no one holds there deeds.

Does anyone know if there is a site that will give me the info, so I can pass it on to the developer


thanks from a very frustrated resident

[Nigel Howarth]

Hi Tracy,

This how the law currently stands:

This is how the law currently stands:

• Cyprus Law N.55(I)/92 states in paragraph 2 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 states in paragraph 47 (1) that all the employees relating to the swimming pool have to obtain a health certificate, to be clean and to behave properly.
  
  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.
  
  Paragraph 47 (2)(a)(i) states that for small swimming pools at least one trained supervisor is necessary to be appointed.
  
  Part VII of the Regulations 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.

Regarding the insurance, the use of the pool should be covered by the policy taken out for all the shared areas by the Management Committee.

From your other question about maintenance charges, it seems the developer may be maintaining things (or at least wanting the money for doing so). So maintenance should cover the pool as well.

It is possible for the buyers to set up a management committee and collect maintenance fees and do it all yourselves without having your Title Deeds. However, your management committee will have no legal powers to take action against non-payers (a common problem) and so you could end up in a very difficult situation.

Once you do get your Deeds you can formerly register the committee at the land registry and will have all the necessary legal powers.

(BTW The final Certificate of Building Approval is a document confirming that the development has been built in accordance with the various permits issued for its construction - a step on the way to getting your Title Deeds).

Regards,

[tracy68]

Nigel

Thankyou for your reply, I may sound rather stupid, but does this mean that they do not have to provide a toilet and shower for the complex??? the developer says he does not have to provide one

Thanks
Tracy

[Nigel Howarth]

Hi Tracy,

Your developer will need to get a licence from the Municipality/Town to operate the pool. As far as I'm aware, there is no requirement to toilets, showers, changing rooms, etc.

Regards,

[tracy68]

Hi Nigel

Thanks for your reply, my developer is now saying he would like me to prove that he has to sort out Public Liabililty, is this written down anywhere?? somewhere where his lawyers can not dispute.

Thanks
Tracy

[Nigel Howarth]

Hi Tracy,

Download a copy of the Jointly Owned Buildings Law from my website at http://www.cyprus-property-buyers.com/f ... gs-law.pdf

Regards,

[Nigel Howarth]

Hi Tracy

I've been looking into this a bit further. The pool is part of the common area - and in Cyprus there is no requirement for the management committee that manages the common areas to have public liability insurance.

Regards,

[tracy68]

Hi Nigel

Thank you very much, for the further information.

Thanks
Tracy