Andalusian property administrators warn many community pools may face fines of up to €600,000

The Andalusian Council of Property Managers (Cafincas) has launched a campaign warning homeowners' associations that they have until 2 January 2027 to adapt to the health and safety legislation.

The law shifts legal responsibility directly onto property owners, mandating that all maintenance staff and caretakers hold official professional certifications.

Industry experts estimate that between 10,000 and 30,000 residential complexes - mainly in Malaga, Cádiz, Almeria, Seville and the Granada coast - are currently non-compliant and must act before the countdown ends.

The new legislation, which mandates official professional certification for maintenance staff, marks a drastic shift for daily community management.

Public health regulations now shift the burden of verification directly onto the communities of homeowners.

A Cafincas spokesperson said: "This requirement directly affects caretakers, maintenance workers and external companies responsible for water treatment in these communities, who will ultimately be legally accountable."

The penalty system includes fines exceeding €3,000 for minor infractions, rising to €600,000 for the most serious breaches or those posing a significant risk to public health.

Sector estimates suggest there are between 120,000 and 180,000 residential pools across Andalucía, with 40,000 to 70,000 belonging to homeowners' associations.

Of these, between 60 per cent and 75 per cent fall under the 'Type 3A' category fully regulated by the Andalusian decree, placing the number of affected facilities between 35,000 and 45,000. These belong to homeowners' associations of 20 or more properties.

Communities of fewer than 20 properties will be partially regulated.

However, the Andalusian Council clarified that not all communities will need to regularise staff or hire new workers. Many already outsource swimming pool maintenance to specialised, accredited companies that comply with health regulations.

The obligation stems from Decree 485/2019, through which the Regional Government of Andalucía approved the regulations for swimming pools.

Cafincas explained: "Failing to meet qualification requirements can lead to consequences ranging from a formal rectification request to heavy financial penalties, temporary suspension of the service or even the closure of the facility following an unfavourable inspection."

The Council highlighted that the complexity of the regulatory framework covers not only staff training but also a comprehensive set of technical and health obligations.

"Water quality control, the correct handling of chemical products, record keeping and the implementation of self-monitoring protocols are all part of a demanding regulatory system that requires specialised, permanent management," Cafincas stated.

"Inadequate maintenance or work carried out by unqualified staff can lead to serious health incidents, as well as civil or criminal liability for those in charge of the community."

The Andalusian Council of Property Managers is urging communities to start review and adaptation processes as soon as possible to avoid non-compliance as the deadline approaches.