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A pool adds value to a condominium and is one of the most popular spaces in summer. It is also the common area with the most risks: drowning, falls on wet paving, badly stored chemicals. In this guide to the condominium with a pool we explain who owns the pool, why written rules of use are essential, which safety measures to adopt, how to organise maintenance and what the insurance should cover.
In short
- The building’s pool is, as a rule, a common part: things not assigned to one owner’s exclusive use are presumed to be common (art. 1421(2) of the Civil Code).
- The condominium regulations should set opening hours, access rules and rules of use for the pool (art. 1429-A).
- Children only with a responsible adult; fencing and a self-closing gate are the most effective barriers.
- Maintenance of the water and equipment should be done by technicians, with records kept.
- Check that the condominium’s insurance includes civil liability for damage at the pool.
Who owns the pool
In most developments, the pool is common to all owners. The title deed of horizontal property is the first document to consult. If it says nothing, the legal presumption applies:
«2. Presumem-se ainda comuns: a) Os pátios e jardins anexos ao edifício; […] e) Em geral, as coisas que não sejam afectadas ao uso exclusivo de um dos condóminos.» — Civil Code, article 1421(2)
In plain English: the following are also presumed to be common: courtyards and gardens attached to the building and, in general, things that are not assigned to the exclusive use of one of the owners.
Pool costs are, as a rule, divided according to permillage. If the pool serves only some owners, for example in a development with several blocks, the costs can be borne by those who use it (art. 1424(3)).
Rules of use
The most effective way to prevent disputes and accidents is to have written rules that everyone knows:
«1 – Havendo mais de quatro condóminos e caso não faça parte do título constitutivo, deve ser elaborado um regulamento do condomínio disciplinando o uso, a fruição e a conservação das partes comuns.» — Civil Code, article 1429-A
In plain English: where there are more than four owners and the title deed does not include regulations, condominium regulations must be drawn up governing the use, enjoyment and upkeep of the common parts.
The pool rules should cover:
- the season and daily opening hours;
- who may use it: owners, tenants and the number of guests allowed;
- the requirement for minors to be accompanied by an adult;
- a shower before getting into the water;
- a ban on glass, eating in the water and diving where the depth does not allow it;
- rules on music, animals and inflatables;
- the consequences of breaking the rules.
Post a summary next to the pool entrance. See how to prepare or review the document in our guide to condominium regulations.
Children: extra care
Young children can drown in very little water and within seconds, without making a sound. That is why:
- no child should be in the pool area without a responsible adult watching closely;
- the pool should be fenced all the way round, with a self-closing gate and a latch out of children’s reach;
- outside opening hours, access should be locked;
- rings and armbands do not replace supervision;
- chemicals should be kept locked away, far from the bathing area.
Adults are at risk too, especially after heavy meals, with alcohol or on very hot days. Recommend that nobody swims alone, that people enter the water gradually and that they respect the depth markings. A small first-aid kit in the pool area is good practice.
Essential safety rules
| Area | Measure |
|---|---|
| Access | Fencing, self-closing gate, opening hours |
| Paving | Non-slip around the pool |
| Depth | Marked at the edges, with a no-diving zone |
| Rescue equipment | Lifebuoy with rope and a pole next to the pool |
| Emergency | Contacts and 112 posted; a phone within reach |
| Plant room | Locked, ventilated, products labelled |
If the condominium hires a lifeguard for the season, agree the hours and duties in writing. Even with professional supervision, parents remain responsible for their children.
Pool maintenance
Water quality depends on a constant routine: measuring pH and disinfectant, cleaning the floor and walls, and keeping filters and pumps in good condition. Before opening, a full check of the pool shell, equipment and fencing is advisable. To choose a company, ask for quotes stating how often they visit, which products are included and how water tests are recorded. See also our guide to a preventive maintenance contract.
Works on the pool, such as waterproofing the shell or replacing the fencing, are decided at the general meeting. Small repairs fit into the annual budget. Works that go beyond maintenance may require a qualified majority; our guide to the types of works in condominiums explains the differences.
Opening and closing the season
Many condominiums open the pool only in the warm months. A simple timetable helps make sure nothing is forgotten:
- Before opening: check the shell, joints and paving; clean and fill; test the pumps, filters and dosing; check the fencing, gate and rescue equipment; post the rules.
- During the season: daily water testing, regular cleaning, access control and a log of incidents.
- At closing: winterising treatment, covering the pool, locking the gate and listing the repairs to be quoted for the following year.
Common disputes
The most common disputes involve too many guests, loud music, use outside opening hours and unsupervised children. The solution is almost always clear rules in the regulations, communicated to everyone at the start of the season, and a contact at the management company to report problems. When rules are broken repeatedly, the matter should be taken to the general meeting.
The condominium's insurance
An accident at the pool can lead to compensation claims against the condominium. Check that the policy includes civil liability with an adequate sum insured and that the pool has been declared. Read the exclusions: some policies exclude damage where there is no fencing or where the rules of use are not followed. Our guide to condominium insurance helps compare proposals.
How Condoroo helps
Condoroo manages more than 600 condominiums, including developments with pools, with a team of more than 20 professionals. We prepare the rules of use, hire and oversee maintenance, review the insurance and manage the works approved by the general meeting.
Condominium with a pool: frequently asked questions
Does the building's pool belong to all the owners?
As a rule, yes. If the title deed does not say otherwise, it is presumed to be common (art. 1421(2) of the Civil Code).
Who pays for pool maintenance?
The owners, in proportion to the permillage. If the pool serves only some of them, those who use it pay (art. 1424(3)).
Can the condominium limit guests?
Yes, through the condominium regulations or a decision of the general meeting.
Is a lifeguard mandatory at a condominium pool?
It depends on the case. Check with a technician and with the insurer; with or without professional supervision, children must always be accompanied by an adult.
Does the condominium's insurance cover accidents at the pool?
Only if the policy includes civil liability and the pool has been declared. Read the exclusions.
How are works on the pool approved?
At the general meeting. Maintenance works follow a simple majority; works that alter or improve the pool may require a qualified majority.
This article is for information only and does not replace technical or legal advice. Legislation checked on 26 October 2026.
