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POOL LAW KILLING SMALL BUSINESS
Cyprus Mail on Sunday - 23 September 2018
Scores of owners facing legal action
By Annette Chrysostomou
The complex has 2 swimming pools which are separated by a bridge so they have to have three lifeguards, one for each and a third for when one of the two is not available.
OVER 160 apartment complexes in the Paphos district are facing legal action from local municipalities for operating a communal pool without a public swimming pool licence – based on a 1969 law.
A petition asking people to vote for the abolishment of the draconian law regulating swimming pools has now got more than 2,800 signatures. It needs a minimum of 8,000 – not too change the law but simply for forcing the government to set up a committee to investigate the matter.
The requirement for an apartment pool to need a public pool licence contradict European standards and have long been considered disproportionate and outdated. Even though politicians have been discussing this issue for over 10 years and draft regulations were proposed by the interior ministry in 2015, no changes have been made, said communal property expert Russel Flick who started the petition.
“Historically local authorities appeared to be sympathetic to the problem by not taking any major action against apartment complexes without a public pool license.”
“Under current regulations if a swimming pool is shared by more than one property it is considered a public pool and requires a public pool license. Even if it’s a small communal pool shared by just two houses or a few apartments.”
Requirements to obtain this licence are extensive, and most communal pools in Cyprus – not built to meet these requirements – would need major alterations costing tens of thousands of euros. They would additionally need to hire a full-time lifeguard.
“We are not calling for an end to regulations on communal pools, all we ask is they are reasonable and proportionate,” Flick explained.
“For example there are environmental issues. The law says that a pool needs to be completely emptied and refilled every month. There is no scientific backing to why this should be done. We should dump tons of water regularly when there is a water shortage?”
There also has to be a life guard at all times, even at times when nobody uses the pool because of the weather conditions. Water temperatures have to be between 24C and 25C.
He says the easiest way is just to abolish the law which has so far not been enforced as it was considered excessive by all concerned and adopt the EU law which makes much more sense, and, instead of simply having two groups, public and private swimming pools, differentiates.
According to the property expert, the action by the municipality is not only a problem for property owners but could deal another blow to the already damaged Cyprus real estate industry and further delay its recovery as international investors are given another reason not to buy property in Cyprus.
For the moment, it would suffice if the municipality suspended their action until this is done.
The municipality does not agree.
“The municipality of Paphos gives a high importance to public health,” Secretary of the municipality Themis Philippides said. “It was decided by the municipal council to comply with the law, and this is not beyond our jurisdiction.”
He explained the municipality is not reacting to an incident such as a drowning, but is acting as a precaution so no accidents happen in future. Those who have a problem with this, he added, should go through the ministry of interior and follow proper legal procedures.
Eoin Morgan is the owner of one of the affected properties and on the committee of owners, which gets to make decisions on the administration of the 104 apartments but as part of the committee he is also personally responsible if things are not done according to the law.
The committee has now been told that they will be prosecuted if they don’t make the changes required by the law.
“We have two swimming pools, which are separated by a bridge, so we have to have three life guards, one for each and a third for when one of the two is not available,” he explained. “One person could easily oversee both.”
In addition, they need to hire an engineer to check the installations and operations on a daily basis. And this is just the personnel.
Other regulations are that the pump room has a cross-ventilation, there should be two changing rooms for men and another two for women, and footpaths to toilets.
All this and more means a lot of expenses – and time to implement.
If the owners do not follow the rules, they should really fence the area and not use the pool. “If there is a drowning, it is a criminal negligence as we are not licensed, and it becomes a police matter which is a serious matter,” Morgan said.
It is not an option to just drain the pool, because then if someone fell in it would also be a crime, plus tourists who are using the complex would most likely stay away.
Morgan says the committee is not being unreasonable, the owners simply don’t have the resources to make all the required changes.
Though more people are being prosecuted recently in Paphos, owners of small tourist establishments have had a problem with it for years.
A small traditional agrotourism establishment in Choirokitia, Larnaca, has been taken to court by the Cyprus Tourism Organisation for non-compliance with the law on swimming pools years ago and there is no end to it.
The owners of Achilles house, which can accommodate six to eight guests, report there has been no progress during the past three years. Though the accommodation is that small, its pool is considered to be public since potentially more than one family can stay.
Nicholas Achilles and his sister Rosanna who are running the small establishment say they had yet another court hearing on Tuesday but the case was postponed until November – again.
“I have gone to court ten times in the past two or three years,” Nicholas Achilles said.
The government wants to invigorate villages, but putting obstacles in the way of small agrotourism is not the way, he added.
“The law smacks of favouritism for big hotels, it was made for them and not changed when we came along.”
They should have put in men and women’s changing rooms, men and women’s toilets, and kept a lifeguard on duty during the swimming pool’s operating hours. The forbidding cost notwithstanding, the house does not even have the space for these to be accommodated.
The law will eventually have to change, Achilles believes, to include the needs of all the smaller places which are a vital part of the local economy. But if it does not happen soon and the Achilles family is judged to be guilty, they will have to close down, as a swimming pool is essential in attracting tourists to a village which is, as Achilles put it, in a desert environment.
See the petition here www.CyprusPoolReform.com
ALMOST €2 BILLION OWED IN OVERDUE TAXES
Cyprus Mail - article by Evie Andreou 21 September 2018
The audit office has called on the tax department to do all it can to collect overdue taxes – to the tune of almost €2 billion – that are increasing alarmingly, but accepted that collecting a large proportion of it is unlikely.
According to the annual audit report on the tax department that was released on Friday, €3.5 billion in taxes were collected in 2016, while overdue tax, including interest and charges, amounted to €1.8bn. Of that amount €1.3bn concerned direct tax and €485.7 million indirect tax. Overdue taxes in 2015 were €1.74bn, the report said.
“The [tax] commissioner informed us that overdue payments include millions of which the chances of collecting are virtually non-existent,” the report said.
It said that between November 2014 and December 2017, the tax department placed encumbrances on immovable property for debts totalling €197.8m and received €113.4m. Also, during the period between April 2015 and December 2017 the department withheld funds in bank accounts for taxes due worth €944,776 and received €548,368.
The tax commissioner informed the audit office that a special team has been appointed to deal with debtors, starting with those owing the largest amounts and that by the end of 2018, a major clean-up of the inland revenue department’s database is expected.
The audit service recommended that the tax department takes all necessary measures to limit the state’s non-performing debts amounting to millions of euros “and which are increasing at an alarming rate”.
It also recommends timely updating of the inland revenue department’s database concerning taxpayers who are not active.
The report said that it found problems in the department’s tax collection capacity, such as inadequate measures for the collection of overdue taxes.
There were cases where legal measures were taken (real estate freezing) that did not cover the due amount but no further measures were taken by the tax department. Also, in some cases, while the taxpayer had other assets, the department did not place encumbrance on them.
On some occasions, court cases were filed against taxpayers which were later withdrawn.
The report also said that companies that are under liquidation appear on the records of the tax department under overdue taxes. This, it said, might not paint the real picture.
But delay in probes could also mean lost chances of uncovering possible offences. One of the cases mentioned by the report is that of a now retired state doctor for whom the audit office had asked for a tax probe in 2016. This only took place a full year later as more important cases were prioritised by the tax department.
The audit service said it did not agree with the tax commissioner who argued that delays in such investigations can only be a problem under certain conditions which were not applicable in that case.
“Our office does not agree with this position since the identification of undeclared income by a civil servant (especially a doctor) points to a possible case of corruption (brown envelopes),” the report said.
According to the report the most important sources of loss of tax income due to undeclared income were from people renting out property, businesses offering Ministry of Transport (MOT) tests, but also artists, businesses and individuals offering fitness and wellness services, and spa, beauty and hair salons.
As regards MOT shops, following random checks of 16 establishments, the total amount of turnover which was declared for VAT taxation but not to the inland revenue department, was for the period between 2002 to 2015, approximately €11.1m.
Of this amount, approximately € 10.3m concerns the period between 2006 and 2015, a period for which the tax commissioner may impose tax according to the law, the report said.
Random checks in 20 fitness centres, the report said, revealed that the overall turnover not declared to the tax department, but which was declared for VAT reasons, was around €24.4m for the period between 1995 and 2015. It added that the tax commissioner could impose taxation on €20.1m of that amount concerning the period between 2005 and 2015.
There have also been 14 cases of top-flight football referees and assistant referees who did not declare income between 2007 and 2014 even though they appear to have each refereed between 84 and 171 matches in Cyprus and abroad. It is believed that they each earned on average €16,800 per year for the period between 2013 and 2014. The report said that the referees may have refereed more matches as the probe concerned only top-flight games in Cyprus and abroad. But even when referees stop refereeing matches, and continue to work as observers, they still fail to declare their income from that activity.
As regards football clubs, the report said that most of them appear to have failed in responding to their obligations for a number of years, even after the approval by cabinet between 1998 and 2014 of a number of schemes to help them repay their debts.
Until January 2017, football clubs owed €34.15m both in direct and indirect tax.
The report said that the football club companies also owed €11.99m in direct and indirect tax.
PAPHOS COASTLINE WINS QUALITY AWARD FOR THIRD CONSECUTIVE YEAR
Cyprus Mail - article by Bejay Browne 22 September 2018
Paphos has again won a Gold Quality Award as a top sustainable coastal tourist destination for 2018.
This is the third consecutive year it has held the title, Nasos Hadjigeorgiou, head of the Paphos regional board of tourism, told the Cyprus Mail.
This is the third time that the entire coastal area including, Paphos, Kissonerga, Chlorakas, Geroskipou, Peyia, Polis Chrysochous and Neo Chorio has achieved quality coast status.
“The award was achieved with the cooperation of all of the Paphos municipalities and communities of the region, under the coordination of the Paphos regional board of tourism,” he said.
The tourism board also made the submission made for the region, and the accolade comes after 16 Blue Flags were awarded across the district.
The prestigious award is handed out to holiday destinations that best maintain their local identity, natural and cultural heritage, scenic beauty and a clean environment.
Quality coast awards will be presented between September 25-27 in Nijmegen, Netherlands to winning destinations, he said.
“We are pleased that Paphos has again been honoured and managed to secure the Gold Quality Award for 2018,” he said.
Quality coast is the largest international certification programme for sustainable tourism destinations.
Since 2007, more than 125 tourist destinations in 23 countries have been selected for awards, including coastal towns, resorts and islands.
Since 2007, more than 125 tourist destinations in 23 countries have been selected for awards, including coastal towns, resorts and islands.
“Paphos has remained a top and popular destination for visitors that want to experience areas of astonishing natural beauty, picturesque beaches and rare vegetation, which is found in much of Polis Chrysochous and Neo Chorio.”
He noted that the main criteria for the selection of areas are: water cleanliness, biodiversity, environment, active good environmental behaviour – such as the saving of natural resources – socioeconomic status, cultural heritage, lack of air pollution, noise levels, quality of tourism infrastructure, security, accessibility and easy access to information.
END-OF-OCTOBER TAX DEADLINE LOOMS
Cyprus Mail - article by Staff Reporter 21 September 2018
More than 90 per cent of taxpayers have registered with the online TAXISnet system for income tax, but less than half have submitted their statement for 2017, due by the end of October, an official said on Friday.
According to deputy tax commissioner, Soteris Markides, so far 43 per cent of taxpayers registered with TAXISnet have submitted their income tax statements. The submission deadline is October 31.
Markides urged taxpayers to register with TAXISnet on time as payment of income tax due as a result of the submission of the statement can be made electronically via the website www.jccsmart.com.cy only until October 31. After the deadline expires, payment can only be made the district tax offices and are subject to the due interest and charges.
He added that more than 90 per cent of tax payers have registered with TAXISnet which translates to 268,000 persons. Based on last year’s data, between 285,000 and 290,000 income tax statements are expected to be submitted, he said.
Following the announcement for the compulsory filing of 2017’s tax returns online, the tax department organised a series of presentations in municipalities and communities to show taxpayers how to use TAXISnet.
LAWYERS MINIMUM FEES IN THE BIN
Link to article in Cyprus Property News 17 September 2018:
http://www.news.cyprus-property-buyers.com/2018/09/17/lawyers-minimum-fees-bin/id=00154704
THE CYPRUS SWIMMING POOL NIGHTMARE [FOR THOSE ON A COMPLEX WITH A POOL]
Link to recent article in the Cyprus Property News re the above - 18 September 2018:
http://www.news.cyprus-property-buyers.com/2018/09/18/cyprus-swimming-pool-nightmare/id=00154713
12 Week Progress Report: Bushes and Primer
Fall is certainly here in our corner of the state! The weather has been yoyoing from cool to warm with plenty of rain and storms. I am not sure if am I ready! There are so many things that still need to be done on the outside of the Brick House. I decided it was time to focus a bit on that! This weekend we are going to paint the porch and front steps a darker brown.
A couple mornings and evenings Mandy and I played in the dirt. We are moving some of the plants from this front flower bed to other locations. Did you notice the little flower bed next to the porch looks better? I cut down the old bushes(which had thorns!) and moved the two azalea bushes over. The little boxwoods also got re-arranged. It was cloudy and rainy, which was good for the plants, they haven't even noticed! Don't they look like they have always been there?
This week I've also been priming. I primed all the nail holes, cable holes and plumbing holes that had previously been patched. So exciting to finally see the walls look normal! No more gaping holes. I was planning on doing a post on how I patch my plater walls, but of course I get into the working/fixing and forget to take pictures! Opps!
This morning most of the bathroom also got painted. Just a little bit of cutting in left.
Still loving my little sink! It is still not quite connected, but I finally got the part that we needed. Hopefully we can finish it up this weekend.
Look at those lovely maple floors! I couldn't bare tearing them up. So for now I am going to paint them. (After a bit of sanding!) I realize it might not be a long term solution, but it will be fun to enjoy them for a couple years.
We also started working on the stairs this week. It is a little hard to tell with all the paint lines, but the steps and treads have separated. The stairs squeak and squeal, moan and groan when you tromp up them. It is a little hard to explain, but they way they built the stairs is called the "wedge method". The trim boards you see on the wall are actually part of the stairs and are holding it up. Slots are cut into it for the steps and treads and then to make everything firm and non-squeaky, wooden wedges are also put in on the underside of the steps. We are not sure if mine steps were built wrong or if they have not aged well, but one side of the steps have lost their wedges which has caused all the steps and treads to shift. Mandy and I are not 100% sure what we are doing, but we are attempting to put in new wedges and fit the steps back into their slots. The first two steps are done and it is a vast improvement! So that is encouraging!
STREET LIGHTING - TALA
Regarding street lighting, the Electricity Board have been cataloguing the various light fittings used in each area and it appears that repairs in the meantime have been put on the back burner. Tala Council has now been presented with a proposal to replace over 600 sodium high pressure lights and this is being considered.
Pending a decision by the Council, the Electricity Board are not carrying out repairs or replacement of street light fittings if they are of the Sodium type [there are in excess of 800 ‘swan neck’ fitting lights in addition to the Sodium ones]. If you have a street light bulb that needs replacing or is faulty, could you please email me on toffee@primehome.com in the first instance instead of ringing 1800. Tala Council have found a ‘work round’ solution in the short term and will endeavour to get lighting issues resolved via this route.
As previously please supply the number from the pole, and the street name.










