Owner asking permission to install a swimming pool at his unit

The answer is not short.

First we will have to check where the splash pool will be installed.  Is it on his patio or in the garden?  Then we need to check the status of the area – is it part of the section / common property / exclusive use area (EUA)?

If it is part of the section then the Trustees can approve this but should typically set certain conditions for the owner and ensure that the structural integrity of the building is not compromised.

If it is common property then you can look at the improvement to common property cheatsheet that we have on our website – https://training.trafalgar.co.za/question-of-the-week/common-property/improvement-to-common-property-cheatsheet/

If it is an EUA then you can look at this portion of the STSM Act that states that you need an ordinary resolution to be passed by the Body Corporate for an improvement to the EUA

PMR 30

(g) construct or place any structure or building improvement on an exclusive use area which in practice constitutes a section or an extension of the boundaries or floor area of a section without complying with the requirements of the Act and the Sectional Titles Act; provided that the body corporate may by ordinary resolution —

• give consent for such a structure or building improvement, if they are satisfied that it does not require compliance with such requirements;
• prescribe any reasonable condition in regard to the use or appearance of the structure or building improvement; and
• withdraw any consent if the member or other occupier of a section breaches any such condition.

Here are some ideas regarding conditions that can be set for the installation –

• The pool needs to be kept neat and clean at all times by the owner
• A certificate of compliance needs to be provided for the pump and all electrical work carried out. Annual inspection certificates may also be required.
• Consideration for other residents need to be addressed when using the pool for example parties held at the pool, the use of the pump etc. (Noise from the pump can be annoying to other owners and time of pump use needs to be discussed with all affected owners.)
• It needs to be specified who will be responsible for the maintenance of the pool. The cost of chemicals and in the event of damage to the structure of the pool and the surrounding areas.
• It needs to be specified that the owner of the unit will be held responsible for any damages to the surrounding building structures and common property in the event of damage being linked to the pool being built in the area. (Including structural and water damage)
• The effect on the insurance of the complex (if any) needs to be investigated. The owner to pay any extra costs involved. (This will include the insurance on the pool and pump)
• The owner needs to guarantee the safety of all residents/non-residents/pets by having the necessary security measures in place to prevent for instance drowning or electrical shocks.
• Where is the backwash/waste water outlet? Damages in that area must be addressed.
• How will the extra water usage be recovered?
• Should they get approval from the municipality?
• Permission from the Body Corporate can be withdrawn at any stage – with reasonable arguments
• When selling the unit the new owner must be made aware of the conditions and liabilities that come with that specific unit.