The owners of the redeveloped Clontarf Baths could be breaching planning permission by failing to open the outdoor pool.
However, Barcoe, the team behind it say they haven't been able to get insurance for it yet.
The 132 year old Clontarf Baths were shut in the 1990s and finally reopened last month after standing derelict for twenty odd years.
The refurbished complex includes a restaurant and cafe and a heated outdoor seawater swimming pool.
However the pool will only be available for private hire from April because the owners haven't been able to get insurance to open it to the public.
Now according to The Irish Times, Dublin City Council is investigating whether the forbidding of ordinary swimmers is a breach of its planning permission.