Avoidance of Damage to Third Party Property Regulations, 2013

L.N. 72 of 2013

BUILDING REGULATION ACT

(CAP. 513)

Avoidance of Damage to Third Party Property Regulations, 2013

IN exercise of the powers conferred by articles 6, 11 and 24 of

the Building (Regulation) Act, the Minister for Resources and Rural

Affairs, has made the following regulations:-

(1)

The title of these regulations is the Avoidance of Citation and

commencement.

Damage to Third Party Property Regulations, 2013.

(2) These regulations shall come into force on the 1st May,

2013.

(Regulation 3)

1. Public footpaths and pavements.

2. Services underlying public footpaths and pavements,

within the immediate vicinity of the frontage of the construction site.

€1.89

(1)

The objective of these regulations is to ensure that Objective and

before any demolition, excavation and, or construction works are scope.

taken in hand, methodologies that are technically sound are prepared

by a perit, in collaboration with the site manager and the contractor,

to minimise the risk of damages to third party property or injury to

persons that may result through the proposed works.

(2) The provisions of these regulations shall in no way be

construed as having any bearing on the responsibilities related to the

design of buildings and construction activity emanating from other

legislative instruments.

In these regulations, unless the context otherwise requires

Interpretation.

"the Act" means Building Regulation Act;

"Building Regulation Office" has the meaning as defined in the

Act;

"construction work" includes all construction work carried out

on the fabric of a building or civil engineering structure, or

demolition or excavation activities taking place on a development

site, streets, open spaces and shall also include tunnelling works;

"contiguous property" means immediately adjacent to third

party property, including any building sharing a party wall with the

site, whether on the side or back of the site, or overlying or

underlying third party property, excluding those listed in the

Schedule;

"demolition" means the pulling down or removal of any of the

structural elements which form the building, such as the roof, internal

or external load-bearing walls and other load-bearing elements;

"developer" means the person on whose behalf the development

application in terms of the Environment and Development Planning

Act, or in terms of other regulations made thereunder, for the works

on site is submitted or, for construction activities which do not require

a development permit, any person, entity or company on whose

behalf the construction activity is undertaken;

"Director" means the Director responsible for the Building

Regulation Office or any public officer duly delegated by the Director

to act on his behalf;

"enforcement notice" shall have the same meaning assigned to it

in article 14 of the Act;

"excavation" means the cutting of rock or the removal of any

consolidated material, except that the removal of topsoil up to 600mm

in depth is not considered excavation;

"method statement" means a report prepared by a perit and shall

have the meaning assigned to it in these regulations;

"Malta Environment and Planning Authority" means the

Authority as established under article 6 of the Environment and

Development Planning Act;

"Minister" means the Minister responsible for the regulation of

the building industry;

"particulars of a person" includea the name and surname,

Identity Card number, address and contact number of a person;

"perit" means that person who is duly warranted in terms of the

Periti Act to exercise the profession assuming the responsibility for

the design, and, or the construction of building works, under the

generic title of perit;

"perit in charge of the project" means the perit who applies for

the development application or is in any other way legally responsible

for a project in terms of the Civil Code and the Environment and

Development Planning Act or regulations made thereunder, or such a

perit who takes over the works following a change of perit in terms of

the Environment and Development Planning Act or regulations made

thereunder;

"pneumatic drill" means equipment driven by compressed air or

other means, used for drilling or breaking into hard materials such as

rock or concrete;

"registered contractors" means contractors who are duly

registered in accordance with the Act;

"site manager" means a person carrying out the duty or duties

derived from the provisions of these regulations. Such person shall be

nominated by, and be responsible on behalf of, the developer for

ensuring the correct implementation of these regulations;

"third party" means a person having a legal title over property or

making use of the property by other lawful means, contiguous to a

construction site, excluding those properties listed in the Schedule.

These regulations shall be applicable to any construction Applicability.

work which involve

(a)

excavation which is underlying, or contiguous to or

within a distance of 2.5 metres to any existing building, earth-

retaining or water-retaining structure belonging to or occupied

by third parties; or

(b)

the demolition or removal of any existing wall, or

roof or structure abutting with, or immediately adjacent to, or

underlying or overlying any property belonging to or occupied

by third parties; or

(c)

the building of additional storeys or load-bearing

walls or structures over any property belonging to or occupied

by third parties; or

(d)

the construction of new buildings or additional

storeys adjacent to existing third party property

Provided that the Director may decide that, notwithstanding that

a construction activity does not fall within any one of the parameters

listed in this regulation, it shall still be required to comply with all the

requirements of these regulations. Such a decision shall be taken

following a request made by a third party whose property may be

affected by such construction activity. The decision of the Director is

to be communicated to the developer and to the third party making

the request, by registered mail.

(1)

The developer shall nominate a site manager who Responsibilities

shall be responsible to ensure that the development site and the of

site manager.

construction activities carried within it are in conformity with all the

provisions of these regulations.

(2) Unless otherwise stated in these regulations, responsibility

for adherence to these regulations shall rest solely with the site

manager.

(3) As soon as is practicable, but no later than the submission

of the method statement in accordance with regulation 7, the

developer shall nominate a site manager and submit such a person’s

particulars to the Director. The developer shall also submit a

declaration of acceptance, duly signed by the site manager, that he has

undertaken to accept this role and that he shall abide by the provisions

of these regulations.

(4) In the absence of a nomination of a site manager and

declaration in accordance with sub-regulations (1) and (3), the

developer shall ipso facto be deemed to be the site manager for the

purpose of these regulations.

(5) If the developer has changed because the development site

is sold, or for any other reason, when construction works are still to

be carried out or are being carried out, the original developer shall be

bound to inform the Director in writing submitting the details of the

new developer. Such new developer shall abide by these regulations

and shall have the duty to inform the Director whether he intends to

retain the same site manager or to nominate a new one, in which case

the provisions of the other sub-regulations to this regulation shall still

apply

Provided that nothing in these regulations shall exempt the perit

in charge of the project from the responsibilities which by reason of

the Periti Act or other relevant regulations, pertain solely to the perit

in charge of the project

Provided further that decisions relating to the applicability of

these regulations shall rest with the Director.

(6) The developer shall take all reasonable precautions to

ensure that the construction activity will not result in any damage to

contiguous properties, including damage that may result from the

infiltration of water.

(1)

The developer shall ensure that demolition,

excavation and construction works which fall under the provisions of

these regulations are appropriately and adequately insured to cover

any single occurrence or recurrence of damages sustained by third

party property, disability to persons or death as a result of the

construction works or activity being undertaken by the developer and

the contractors working on the site

Provided that the insurance cover shall not be less than five

hundred thousand euro (€500,000)

Provided also that the insurer shall carry out an appropriate and

adequate assessment of the risks involved in each particular case and

issue an appropriately valued insurance cover.

(2) The developer shall submit to the Director a copy of the

insurance cover, in accordance with sub-regulation (1), together with

a letter from the insurer -

(a)

confirming that the works are duly covered by an

insurance policy; and

(b)

stating the value of the excess of the relevant

insurance policy.

The copy of the insurance and the statement from the insurer

regarding the insurance cover and the amount of the excess shall be

submitted to the Director with the method statement indicated in

regulations 7 and 8.

(3) In addition to the provisions of sub-regulations (1) and (2),

the developer shall submit a bank guarantee to the Director, for all

construction activities, other than those listed in regulation 8. The

value of the bank guarantee shall be of three thousand euro (€3,000)

for each storey of developed third party property or properties which

is or are contiguous to a development site, for the first five properties

and a further one thousand euro (€1,000) for each additional

contiguous property, up to a maximum of forty thousand euro

(€40,000)

Provided that the Director shall exempt the developer from the

submission of a bank guarantee, as provided for in this sub-

regulation, if the developer submits to the Director a certified

statement issued by an insurance company attesting that the developer

is insured in such a manner as to cover indemnity for damages to third

party property, including damages of a minor nature

Provided further that, notwithstanding the provisions of this

sub-regulation and following a request made by the developer to the

Director, the value of the bank guarantee shall be equivalent to twice

the excess of the relevant insurance policy that has been issued to the

developer.

(4) Any third party having a claim for damages against the

developer shall immediately inform the Director. The Director shall

retain either the full bank guarantee up to the maximum of forty

thousand euro (€40,000) calculated according to sub-regulation (3),

or a part thereof equivalent to the amount being claimed by third

parties until such time that a court of law or arbitral award decides on

the matter, by means of a judgement or award, which is final

Provided that in the case where an amicable settlement is

reached with respect to such claim for damages, the parties shall

submit to the Director the settlement agreement, which shall also

make a clear provision for the bank guarantee withheld by the

Director and its release.

(5) Should a court of law or arbitral award liquidate damages

against the developer, the bank guarantee shall be forfeited in favour

of the Director, who will in turn, under the order of the Court or in

terms of the arbitration award, effect payment to any party awarded

damages, in accordance with the judgement of the court or the award

of the arbitration.

(6) On completion of the project, the developer shall, within

two weeks, submit a certification issued by the perit in charge of the

project that the works have been completed. For the purpose of this

sub-regulation project completion shall mean the completion of all

structural and other works including the roof screed of roofs, terraces

and yards, the closure of apertures and other works to render the

building sealed against the ingress of water.

(7) The Director shall, as soon as he is in receipt of the

certification from the perit in charge of the project, mentioned in sub-

regulation (6), immediately place in a prominent location upon the

website of the Building Regulation Office, a notice giving the date of

notification of project completion. The Director shall also within two

weeks, notify in writing all the owners and occupiers of those

properties, for which a condition report had been submitted by the

developer’s perit, with the details of such certification regarding

project completion.

(8) Following a request made by the owner of a contiguous

property, the Director shall retain the bank guarantee in those cases

where such owner submits proof that judicial or arbitral proceedings

for compensation of damages caused to the property have been

initiated.

(9) Unless such a request from the owner is received by the

Director within three months from the date of notification of project

completion, the Director shall release the bank guarantee.

(1)

No later than eight weeks before the Submission of a

commencement of any works that fall under these regulations, the site method

statement.

manager shall submit a method statement in the form of two hard

copies and one digital copy to the Director.

(2) The Director shall place the digital copy of the method

statement on the website of the Building Regulation Office and also

make available for the scrutiny of the public the hard copy of such

method statement. The Director shall also forward a hard copy of

each method statement it receives to the Malta Environment and

Planning Authority, so that it may be made available for the scrutiny

of members of the public at the offices of such Authority, except that

the condition reports of contiguous properties mentioned in these

regulations shall not be placed on the website nor be made accessible

to members of the public in any way. Method statement information

which is submitted separately and at a later date in accordance with

regulation 9(2) and (4) shall also be made accessible to the public in

accordance with this regulation.

(3) Any interested third party may request the Director to

review any method statement that is submitted provided the third

party submits a detailed report drawn up by a perit indicating the

technical reasons which may be of concern to the safety of such third

party or his property.

(4) Following a written request by a third party owner or

occupant of any property abutting, underlying or overlying any site,

on which construction works are to be undertaken, the Director may

request from the developer the submission of a partial method

statement at any stage during the processing of the application by the

Malta Environment and Planning Authority. Such method statement

shall be submitted within three weeks from the date when the

developer receives the request. In his request, the Director shall

indicate the details that are to be included in the partial method

statement to be submitted.

(5) The developer shall also be required to submit to the

Director, as well as to the respective owner or occupant of third party

property, the condition report of such third party property which is

contiguous to any development site, together with the method

statement. The condition report shall be prepared by a perit and

submitted to the Director and to the respective owner or occupant of

such third party property by registered mail.

(6) If the owner or occupant of such third party property does

not agree with the condition report of the property, he shall give

notice to the Director within three weeks and shall submit corrections

to the condition report or another condition report drawn up by his

own perit, to the developer and to the Director within a further three

weeks. If no corrections or no other condition report are submitted to

the Director within six weeks from receipt by the owner or occupant

of third party property, it shall be understood that the owner or

occupant of such property agrees with the condition report submitted

by the developer.

(7) In the eventuality of corrections, or another condition

report being submitted by third parties, the Director may, at his

discretion, ask the perit of the developer to consult with the perit of

the owner or occupant of third party property to review the condition

report and, should parties reach agreement, resubmit to the Director a

new report signed by both periti.

(8) Should the developer and the owner of third party property

fail to reach an agreement as described in sub-regulation (7), the

Director shall commission an inspection to be carried out by the

Building Regulation Office, to issue a final report. The costs of such

an inspection report shall be shared equally by the developer and by

the third party owner or occupant.

(9) Where a third party owner or occupant refuses entry to the

developer’s perit, or where the developer’s perit is unable to obtain

access to contiguous property, or where the identity of the owner or

occupant of contiguous property is unknown or cannot be traced, for

the purpose of preparing the condition report, such perit shall make a

written declaration giving details of his attempts to be allowed access

to the neighbour’s property, including the notification or attempts of

notification by registered mail, for the purpose of preparing the

condition report and include such details in the method statement.

(10) Where the occupant of a residence for which a condition

report is required is not the owner, the occupant shall

(a)

inform the owner that a perit, acting on behalf of

the developer of a contiguous development site, has requested

access to the property for purposes of preparing a condition

report; and

(b)

forward the condition report to the owner upon its

receipt from the developer.

Notwithstanding the provisions of regulations 4, 5, 6 and 7,

the following construction works are exempt from the submission of

the method statement and a copy of third-party insurance

(a)

excavations, including trenching works, which are

less than 1.5 metres deep;

(b)

internal and external structural alterations of a

building, including removal of walls, building of walls or

replacement of roofs where the total cost of the structural

alteration works does not exceed thirty thousand euro

(€30,000)

Provided that the developer shall submit the method statement

and a copy of a third party insurance to the Director if requested to do

so by the Director in accordance with regulations 6 and 7, in which

case all the relevant provisions of regulations 5, 6 and 7 shall become

applicable

Provided further that for the purposes of paragraph (b), the

Director may request the developer for the submission of detailed

costings of the works, which costings shall be prepared by a

competent person.

(1)

The method statement shall be prepared by a perit Form and

content of the

in collaboration with the site manager and the contractor.

method

statement.

(2) The method statement shall indicate

(a)

the commencement date of the works;

(b)

the particulars of the person who is commissioning

the works;

(c)

the

particulars

of

the

contractor

and

any

subcontractors;

(d)

the development permit number or any other

authorisations by public authorities, where necessary;

(e)

a site location plan and photograph of the site;

(f)

a condition report incorporating photographs of the

properties which are contiguous to the site of construction

works;

(g)

excavation, demolition or construction procedures

being adopted, including information which is relevant to

safeguarding the stability of the works being undertaken, and

the stability of contiguous structures or terrain as the case may

be;

(h)

plans and sections of the envisaged works, access

to site and any other information which the Director may from

time to time request;

(i)

the type of crane to be used, the location where this

is to be set-up, the methodology for setting up the crane, ground

condition information, and other information relating to the

crane that may be relevant. Inspection certificates for the crane

are also to be submitted

Provided that information relating to paragraphs (c), (g) and (i)

may be submitted to the Director separately and at a later date,

however no later than one month from commencement of related

works. The developer shall give a justification why this information

cannot be provided with the submission of the method statement in

accordance with regulation 7. Information submitted to the Director

at a later date shall be made accessible to the public in accordance

with regulation 7(2).

(3) In the case of demolition works, the method statement

shall take account of the structural condition of the construction itself

and of contiguous structures, the sequence of work, the type of tools

equipment and plant to be used, and the precautions to be taken at

each stage to cater for safeguards to be adopted

(a)

against instability of the structure;

(b)

for parts thereof being demolished;

(c)

for any contiguous structures;

(d)

for the safety of workers; and

(e)

for the safety of third parties.

(4) For excavations exceeding 3 metres in depth, prior to the

commencement of any excavation on the development site, the

developer shall carry out an appropriate geological investigation of

the area to be excavated. The geological investigation may be carried

out following the demolition of a building overlying the area to be

excavated. Prior to commencement of excavation works, the

developer shall submit to the Director the results of the investigation

and, if necessary, an amended method statement based on the results

of the investigation.

(5) For excavations in areas which are within a distance of 5

metres from the boundary of a contiguous site and which involve the

use of -

(a)

a mechanical excavator with a hydraulic hammer

attachment; or

(b)

a pneumatic drill;

the contractor shall excavate a trench by means of a trencher to a

depth of at least 1.5 metres. The location of the trench shall be such

that the vibration from the excavation equipment that will reach the

site boundary will be kept to a minimum. For this purpose, the trench

shall be between the excavator and that part of the site boundary

which is within 5 metres from the excavator.

(6) It shall not be lawful to make use of -

(a)

a mechanical excavator with a hydraulic hammer

attachment; or

(b)

a pneumatic drill,

either before 8 o’clock in the morning, or between 2 o’clock and 4 in

the afternoon or after 8 o’clock in the evening and all day on Sundays

and public holidays

Provided that the Director may, at his own discretion, either

waive the condition set out in this sub-regulation, following a request

in writing from the site manager, or impose further restrictions on the

time at which this equipment can be used, with respect to specific

sites

Provided further that the Director may exempt certain works

from the provisions of this sub-regulation, such as in the case of

quarries operating with a valid permit, certain emergency works of an

infrastructural nature, including drainage works and works

undertaken to eliminate danger to the public, such as where there is an

imminent danger of collapse of buildings or structures.

Professional responsibility for the method statement Professional

remains with the perit who prepares it, whilst ultimate responsibility responsibility

for the method

for adhering to the method statement rests with the site manager and statement.

the contractor.

(1)

The site manager, the contractor and any Compliance

subcontractors shall ensure that the works are carried out in with

statement or

accordance with the provisions indicated in the method statement.

enforcement

notice.

(2) Upon being served with an enforcement notice issued by

the Director, the site manager and the contractor shall immediately

comply with the notice and, if requested to do so in the notice, cease

construction activity.

These regulations do not exempt the developer, perit, site

manager and contractor from observing other obligations and

provisions of the law that are regulated by the Code of Police Laws,

the Civil Code, Health and Safety legislation and other regulations,

relating to excavation, demolition or construction works.

The Director shall, for construction jobs which fall within

any one category of the works listed in regulation 4

(a)

verify that the method statement has been

submitted in accordance with these regulations;

(b)

review the method statement, if a submission is

received from a third party claiming that the method statement

does not provide for adequate safety and, or is not in accordance

with these regulations;

(c)

verify that demolition, excavation and, or

construction works are covered by a third party insurance

policy, in accordance with regulation 6; and

(d)

monitor methodologies being carried out on site

and see that they are in line with the method statement

submitted and in accordance with these regulations

Provided that the Director, delegated perit, or other official of

the Buildings Regulation Office so authorised, may at any reasonable

time and if so required by the Director, with the assistance of the

Police Force, enter upon any development site in order to execute his

responsibilities as specified in this regulation.

(1)

The Director shall have the power to issue an

enforcement notice in any of the following circumstances

(a)

if the method statement has not been submitted in

accordance with these regulations; or

(b)

if no third party insurance is submitted for the

construction works in accordance with these regulations; or

(c)

if the demolition, excavation or construction works

are not being carried out in accordance with the method

statement or in accordance with regulations; or

(d)

if, irrespective of the adherence or otherwise to the

method statement and relevant regulations, the Director is of the

opinion that the demolition, excavation or construction works

are likely to cause material damage to third party property or

will result in danger to workers or to third parties.

(2) The Director may delegate to officers of the Building

Regulation Office and any perit duly appointed by him the power to

issue on his behalf an enforcement notice.

(3) Should any person who is served with an enforcement

notice fail to abide by the provisions of that notice or cease operations

as requested in the notice, the Director or his delegated representative

shall call for the presence of the Police Force who shall for such

purpose exercise such powers as are vested in them at law to assist the

server of the enforcement notice in ensuring that the said notice is

complied with

Provided that should the Director or his delegated representative

decide not to issue an enforcement notice, this shall not be construed

as a form of endorsement of the method statement, nor shall it be

construed as an endorsement of the work methodology being carried

out on site.

(4) All expenses reasonably incurred by the Director in the

exercise of his power under this regulation shall be recoverable as a

civil debt by the Director from the person or persons to whom the

enforcement notice is issued, subject to any right of recovery such

person or persons may have against any other person.

(5) The Director or any delegated official or perit shall not be

liable for any damages as a result of the exercise of one’s powers

under this regulation, unless it is proved that such damage resulted

from gross negligence on the part of the Director, his delegated

official or perit.

(1)

Notwithstanding the provisions of regulations 22, Interim

23, 24 and 25, where the Director holds that an infringement of these measures.

regulations represents a serious threat to the safety of third parties or

to the safety of third party property, he may take urgent interim

measures which may include requesting the developer to remedy the

situation in advance of reaching a final decision, or the imposition of

administrative fines, or both.

(2) If any steps or other action, including discontinuance or

stoppage required by an enforcement notice issued, to stop any

construction activity from being started or to cease all or part of a

construction activity, have not been taken within the time specified

therein, the Director may enter the development site and take such

steps or other action he deems necessary, including the disabling or

removal of any equipment, machinery, tools, belongings, vehicles or

other objects that may be on the site and the carrying out of any works

that may be necessary to comply with what is requested in the

enforcement notice and may for such purpose request the assistance

of the Police Force, and the Police Force shall for such purpose

exercise such powers as are vested in them at law.

(3) All expenses reasonably incurred by the Director in the

exercise of his powers under this regulation shall be recoverable as a

civil debt by the Director from the developer subject to such right of

recovery which the developer may have against any other person.

(4) The Director shall not be liable for any damages as a result

of the exercise of his powers under this regulation unless it is proved

that such damage resulted from gross negligence on the part of the

Director, his delegate or other official of the Building Regulation

Office.

(1)

The Director shall, before proceeding to take any

of the measures envisaged under regulation 15, write a letter to the

developer and send a copy of the said letter to the site manager and to

the person carrying out the construction works, warning them of the

measure that may be taken and the specific reason why it may be

taken. The Director may require the developer to cease or to rectify

any act or omission and, or to make submissions thereto within such

period of time not being less than seven days, which period may be

abridged if the Director considers that the continuance of the

infringement represents an immediate and serious threat to public

safety, public security or public health, and, or warrants the

immediate intervention of the Building Regulation Office

Provided that where the measure is or includes an administrative

fine the person concerned shall also be informed of the amount of the

fine

Provided further that when issuing a warning under this sub-

regulation, the Director may impose such conditions as he may

consider reasonable in the circumstances.

(2) If the developer remedies the infringement within the

period established by the Director in accordance with sub-regulation

(1), and agrees in writing to abide with any condition that the Director

may impose, the Director may desist from proceeding any further,

without prejudice to any regulatory measures that may have already

been imposed.

(3) If, after the lapse of the period mentioned in sub-regulation

(1), the Director considers that the developer has not given any valid

reasons to demonstrate why no measure should be taken against him,

the Director shall notify the developer in writing, specifying the

nature of the infringement, stating the measure being taken and, if the

measure is or includes an administrative fine, stating the amount of

the fine being imposed

Provided that the notification mentioned in this sub-regulation

shall be in the form of a judicial act and the fines provided for in these

regulations shall be due to the Government as a civil debt and

following the service of a judicial act, in terms of article 466 of the Cap. 12.

Code of Organization and Civil Procedure, which is either not

opposed or the opposition of which is denied, according to the

provisions of the said article, the same administrative fine shall

constitute an executive title for all the effects and purposes of Title

VII of Part I of Book Second of the Code of Organization and Civil

Procedure.

(1)

The Director may delegate to an official of the Responsibility

Building Regulation Office or to any perit in private practice, any or of

official or perit.

all of the responsibilities pertaining to the Director in regulations 13

and 14, and the person thus delegated shall be responsible for such

delegated matters.

(2) The Director or any delegated official or perit shall only

issue an enforcement notice to stop the construction works after

verifying and taking into consideration the provisions of regulation

14. (3) Where an enforcement notice is issued by the delegated

official or perit, a copy of the enforcement notice shall be submitted

to the Director as soon as possible, after the serving of the notice, but

no later than close of business of the first full working day after the

serving of the notice.

(1)

An enforcement notice shall include

Form and

content of

enforcement

(a)

an instruction to the developer, site manager and

notices.

the contractor not to initiate any construction activity or to cease

all or part of a construction activity;

(b)

the reasons as to why the notice is being issued,

including where necessary for technical reasons, a technical

report supported by photos of the construction activity which is

deemed to be unsafe, or not in accordance with the method

statement, or not in accordance with these regulations, and

which technical report is to be signed by a perit;

(c)

instructions (if any) to prevent further damage or

danger to the public or to third parties.

(2) Where the Director or his delegated representative deems

that the cessation of construction activity is to be immediate because

of imminent severe damage to contiguous properties or danger to the

public, or third parties, the enforcement notice and the required

preventive measures may be issued on site in a verbal manner and

later confirmed in writing within twenty-four hours of the issuance of

the said notice.

An enforcement notice may only be withdrawn by the

Director, provided that a new method statement indicating all

necessary remedial works and precautionary measures is submitted to

replace the original method statement.

Members of the public or their appointed perit or lawyer

may submit to the Director contestations on any method statement, or

complaints relating to the lack of safety of a construction activity

Provided that the Director may decide not to consider

complaints or contestations which do not provide a technical

justification for the contestation or concern.

(1)

Should any damage result to third party property or

should there be any injury or death resulting from a construction

activity, the onus of proof that the method statement was adhered to,

or that the regulations were complied with, rests with the developer,

the site manager and the contractor.

(2) Any dispute regarding building construction, not being one

in connection with a claim for personal injuries, but being a dispute

arising from damage to third party property resulting from

construction activity on a contiguous site shall be referred to

arbitration. The rules contained in the Arbitration Act or made

thereunder relating to mandatory arbitration shall apply

Provided that -

(a)

the damage incurred by the third party does not

impair the stability of his property nor endangers its users; or

(b)

the cost of damages being claimed by the third

party does not exceed one million euro (€1,000,000).

(1)

Any person who acts in contravention of the

provisions of regulations 6 or 7 shall be guilty of an offence in terms

of these regulations and shall be liable on conviction to a fine (multa)

not exceeding five hundred euro (€500) and in the case of a

continuing offence, to a further fine (multa) of one hundred euro

(€100) for each day the offence continues.

(2) The submission of a method statement which, in the

opinion of the Director, is significantly lacking when compared to the

requirements as set out in regulation 9 shall also be considered as an

offence in terms of sub-regulation (1) and shall be liable to the fines

set out in the said sub-regulation.

(3) Any person who fails to comply with a method statement

in terms of regulation 11(1) shall be guilty of an offence and shall be

liable, on conviction, to a fine (multa) not exceeding five hundred

euro (€500) and in the case of a continuing offence, to a further fine

(multa) of one hundred euro (€100) for each day the offence

continues.

(4) Any person who fails to abide by the provisions of an

enforcement notice in terms of regulation 11(2) or to cease operations

as requested in the notice or to adopt any urgent interim measures or

in any other manner acts in contravention of regulations 14 and 15,

shall be guilty of an offence in terms of these regulations and shall be

liable, on conviction, to a fine (multa) not exceeding one thousand

two hundred euro (€1,200) and in the case of a continuing offence, to

a further fine (multa) of one hundred euro (€100) for each day the

offence continues.

(5) Any person who makes a false declaration for the purposes

of these regulations shall be guilty of an offence and shall be liable,

on conviction, to a fine (multa) not exceeding one thousand five

hundred euro (€1,500), without prejudice to any other punishment for

which the applicant may have become liable under any other law.

(6) Notwithstanding the provisions of the Criminal Code, Cap. 9.

proceedings for an offence against these regulations shall be taken

before the Court of Magistrates (Malta) or the Court of Magistrates

(Gozo), as the case may be, sitting as courts of criminal judicature.

(7) Notwithstanding the provisions of the Criminal Code, the Cap. 9.

Attorney General shall always have a right of appeal from any

judgement given by the Courts of Magistrates (Malta) or the Court of

Magistrates (Gozo), in respect of proceedings for any offence against

these regulations.

(1)

Without prejudice to regulation 16 and any other Administrative

provisions under these regulations which the Director is entitled to penalties.

enforce, the Director may impose an administrative penalty in

accordance with the provisions of this regulation, in respect of any

person who infringes any provision of these regulations, or who fails

to comply with any directive or decision given by the Director.

(2) Any person who fails to comply with the provisions of

regulations 6, 7 and 9 or refuses to comply with an enforcement

notice issued under regulation 14 and any person who fails or refuses

to adopt urgent interim measures in terms of regulations 15 and 16

shall commit an infringement of these regulations and shall be liable

to the imposition of an administrative fine.

(3) An administrative penalty imposed under this regulation

shall not exceed one-half of the maximum fine (multa) which the

offender may be liable to, for the corresponding offence, in

accordance with the provisions of regulation 22

Provided that it shall always be at the Director’s sole discretion

as to whether to offer the offender the payment of the administrative

penalty or to commence proceedings for the commission of the

offence.

(4) In all cases where the Director imposes an administrative

penalty in respect of anything done or omitted to be done by any

person and such act or omission also constitutes a criminal offence,

no proceedings may be taken or continued against the said person in

respect of such criminal offence

Provided that all the fines provided for in this regulation shall be

due to the Government as a civil debt and following the service of a

judicial act, in terms of article 466 of the Code of Organization and

Civil Procedure, which is either not opposed or the opposition of

which is denied, according to the provisions of the said article, shall

constitute an executive title for all the effects and purposes of the

Code of Organization and Civil Procedure, Book Second, Part I, Title

VII.

(5) The payment of an administrative fine as a penalty shall

not prejudice the duty of a person to undertake any measure which

may be requested of him, whether such duty arises out of these

regulations, or out of an order issued by the Director through an

enforcement notice or to adopt an urgent interim measure in terms of

these regulations.

Where, following the payment of a penalty, the violation of

any provision of these regulations persists, regardless of any

instructions the Director may have given for the redress of same, the

Director may refer the matter to the police to institute proceedings

referred to in regulation 22 for such continuing violation.

Without prejudice to the provisions of regulations 15, 16 Appeal

and 23, any decision taken by the Director in terms of these procedure.

regulations shall be subject to the right of appeal before the Building

Regulation Board, in terms of articles 12 and 13 of the Act.

(1)

Construction works which have been taken in hand Transitory

and completed within a calendar month from the date of the coming provision.

into force of these regulations shall not fall within the provisions of

these regulations.

(2) With reference to construction works which have been

commenced but not completed within a calendar month from the date

of coming into force of these regulations, those construction works

which are still to be taken in hand shall fall within the provisions of

these regulations

Provided that the Director shall exempt the developer from the

submission of the bank guarantee following a request made by the

developer in writing within one calendar month from the coming into

force of these regulations, in which case the developer shall complete

the works within four months of the coming into force of these

regulations.

These regulations have been notified in terms of Directive Notification.

98/34/EC, as amended by Directive 98/48/EC, as transposed by the

Notification Procedure Regulations.