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El blog de Maria

Your daily Spanish Law reporter. Have it with a cafe con leche.

Legal tip 1092. Access of disabled people to pools in Spain
10 January 2014 @ 15:06

Supreme Court has recently stated, no Decission has before been submitted to this Court on this point, that disabled members of community of owners have rights for the Community to cover costs in relation to the access of the same to the pool, to the limit of 12 monthly community payments.

Legal advice

A pool of a complex in Maspalomas, South of Gran Canaria, Canary Islands, Sout of Spain




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ads said:
12 January 2014 @ 23:51

What is this referring to Maria?
Is this just access to the pool area or the actual pool (hoist facilities?)
Could this be scaled out to cover communal disabled toilets/changing rooms, ramped areas across a development?
Does this mean that all costs relating to provision of facilities for the disabled are now going to be retrospectively passed on to communities if the developer has not made provision for these facilities from the outset?
Have there not been building regulations in place in recent years Spain to ensure provision of disabled access was the responsibility of the developer from the outset of build (and if there were regulations in place, then when were they introduced?)
Perhaps I have misunderstood?

Rochelle said:
13 January 2014 @ 11:05

Good morning, as community do we have to facilitate any disabled/elderly persons by adding roman steps to one of our three pools?


mariadecastro said:
13 January 2014 @ 11:14

Yes, if they ask so.

I would prefer to see details, if you want, you can email me to

ads said:
13 January 2014 @ 11:51

Could you please clarify the responsibility of developers in this scenario Maria. Have there been any regulations in place for developers to make provision of this nature from the outset of build?

mariadecastro said:
13 January 2014 @ 12:09

The novelty is that access to all commun elements ( including pools) needs to be afforded by communities to the extent of 12 monthly instalments.

Of course developers not meeting old regulations in regards to disabled accesibility, which were understood in a narrower sense, are liable and need to be in charge of any adjustment work.

ads said:
13 January 2014 @ 12:28

Should the LFO have been granted if the access arrangements for disabled were not originally implemented by the developer, according to regulations?
Should the architect for the scheme have designed and assured installation of access arrangements within their original plans as part of the construction and building works?
In other words who have ignored the regulations. the architect, the regulatory authority (town hall?), the developer, the building inspector, the Town Hall officer issuing LFO?

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