Avoidance Of Damage To Third Party Property Regulations, 2019

L.N. 136 of 2019

BUILDING REGULATION ACT

(CAP. 513)

Avoidance Of Damage To Third Party Property Regulations, 2019

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

of the Building Regulation Act, the Minister responsible for the

building industry, after consultation with the Building Regulation

Board, has made the following regulations:-

The title of these regulations is the Avoidance of Damage

to Third Party Property Regulations, 2019.

(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) The scope of these regulations is to ensure that before

the start of any type of works consisting of any demolition, excavation,

or construction, methodologies that are technically secure are prepared

in order 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.

(Regulation 8)

Developer's name and surname;

Perit/i in charge of the project;

Perit responsible for the demolition method statement;

Perit responsible for t he excavation method statement

Perit responsible method statement for building works

Site technical officer during demolition;

Site technical officer during excavation;

Site technical officer during building works

Contractor and/or sub-contractor responsible for demolition;

Contractor and/or sub-contractor responsible for excavation;

Contractor and/or sub-contractor responsible for building works

Project supervisor as provided for in Legal Notice 88 of 2018 or

subsequent amendments

Site manager as provided for in Legal Notice 295 of 2007 or

subsequent amendments.

In these regulations, unless the context otherwise requires

"the Act" means Building Regulation Act;

"Building Regulation Office" means the same as the

definition provided in the Act;

"building work" means construction work excluding

excavation work and demolition work but includes structural

alterations;

"construction work" means that it includes all construction

works carried out on the structure of the fabric of a building or

on a civil engineering structure, including alterations on existing

buildings, 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 dividing 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 First Schedule;

"contractor" means the person engaged by the developer in

order to execute the works;

"demolition" means the pulling down or removal of

structural elements which form part of the building;

"developer" means the person in whose name the

application had been submitted for a development permit, in

accordance with the provisions of the Development Planning Act Cap. 552.

or in accordance with the provisions of the regulations made

thereunder;

"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" means the same as the definition

assigned to it in article 14 of the Act;

"excavation" means the cutting or removal of rock, clay

and any other natural or human placed material, that forms part

of the land, or the removal of any consolidated material;

"excavation affected zones" means, a zone surrounded by

excavation, that reaches a distance of not more than the

equivalent measure for the height proposed for the excavation,

far from the limits of the excavation;

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

shall have the meaning assigned to it in these regulations;

"Minister" means the Minister responsible for the building

industry;

"particulars of a person" means that it includes the name

and surname, Identity Card number, address and a twenty-four

(24) hour contact number as well as the email address of a

person;

"perit in charge of the project" means the perit that is going

to assume responsibility for the execution of the project

approved in the development permit;

"Planning Authority" means the Authority as established

under the Development Planning Act;

"pneumatic drill" means equipment driven by compressed

air or other means, used for drilling or breaking of hard materials

such as rock or concrete;

"site technical officer" means a person carrying out the duty

or duties derived from the provisions of these regulations. Such

person shall be

(a) nominated by the contractor and shall be

approved by the perit in charge of the project;

(b)

competent as provided in the Third Schedule;

(c) responsible for the enforcement of the method

statement covering the works which the contractor who

nominates him is responsible for.

(d) present on site whenever decisions are being

taken that influence the risk of damage to third party

property or injury to persons that may be caused by the

works;

"sub-contractor" means the person engaged by the contractor

in order to execute the works. Such a person has no juridical

relationship with the developer. The sub-contractor is subject to

the same obligations that are impinged on the contractor in these

regulations with the exception that the nomination of the site

technical officer shall remain the responsibility of the

contractor;"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 First Schedule.

(Regulation 3)

(Competence of Site Technical Officer)

In the case of demolition;

In the case of excavation

In the case of building works;

These regulations shall be applicable to any construction

work which involves

(a) excavation, that in its affected zone includes third

party property; or

(b) the demolition or removal of any existing structure,

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

underlying or overlying any property belonging to or occupied

by third parties or toothing work with existing buildings; 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.

(Regulations 7 and 8)

(Method Statement for Demolition Works)

1. The commencement date of the works.

2. The identification of risks involved.

3. The proposed methodology, supported by any other

documentation as may be required, which should specify

(a)

the risks involved after taking account of the

structural condition of the construction itself and

contiguous structures;

(b)

the sequence of works to be undertaken;

(c)

measures to safeguard the stability of the works being

undertaken, the stability of contiguous structures or

terrain as the case may be;

(d)

the type of machinery equipment that is allowed to be

used;

(e)

the type of machinery equipment that is not allowed

to be used;

(f)

if applicable, the type of crane to be used, the location

where this is to be set-up, the methodology for setting

up the crane, information about ground conditions

below the proposed crane locations, and other

relevant information relating to the crane that may be

supported by certification by a warranted engineer;

(g)

the precautions and safeguards to be adopted

(i)

against instability of the structure;

(ii)

for parts thereof being demolished;

(iii) for any contiguous structures;

(iv) for the safety of persons.

(4)

Procedure to be adopted for the loading and carting away of

the resulting debris.

(1) The contractor shall nominate a site technical officer, Responsibilities

of developer and

after he has been approved by the perit in charge of the project.

official site

technician.

(2) If the developer has changed when construction works are

still to be carried out or are being carried out, such new developer shall

abide by these regulations.

(3) 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.

(Regulations 7 and 8)

(Method Statement for Excavation Works)

1. The commencement date of the works.

2. A description of the affected zone of the excavation,

explained schematically in inclusive of a dimensioned plan

that includes the following

(a)

the limits of excavation;

(b)

the depth of each part of the excavation;

(c)

the affected zone of the excavation, shown shaded

and dimensioned;

(d)

the properties and buildings belonging to third parties

that fall within the affected zone of the excavation.

Figure 2.1 Definition of the affected zone.

3. A description of the loads acting on the ground within the

affected zone shown in Figure 2.1, referenced to the

condition reports as per Seventh Schedule.

4. A description of the ground conditions. This should include

the following

(a)

identification of ground materials through the

geological map of the Maltese Islands;

(b)

information from any ground investigation reports

that fall within the immediate surroundings,

specifically within the affected zone;

(c)

information from other periti who have built or

supervised excavation in the immediate surroundings,

after having obtained the necessary consent to use

this information;

(d)

if information requested in items (b) or (c) is not

available, information from a ground investigation

that would need to be commissioned for the proposed

project. This investigation shall be carried out from

within the site that is to be excavated. In the case of

excavations not exceeding 2m in depth, such

information may be obtained from trial pits, whereas

borehole drilling with full recovery shall be required

for all other proposed excavation depths. If

agreement is reached with the neighbouring third

parties within the affected zone, boreholes shall be

drilled, inclined, from within the site that is to be

excavated, into the ground beneath the neighbouring

third party properties.

5. Identification of the risks involved in carrying out the

excavation, taking into account the expected strength of the

ground materials, the presence or otherwise of fissures, and

the loads within the affected zone.

6. A signed declaration by the perit responsible for the method

statement stating that after having had regard for the

requirements of items 2, 3, 4 and 5, the excavation works

are possible and can be safely executed.

7. If ground improvement or underpinning is not considered

necessary, a signed declaration by the perit responsible for

the excavation method statement stating why a ground

improvement intervention or an underpinning intervention

is not necessary.

8. proposed methodology of excavation, supported by any

other documentation as may be required, which should

specify

(a)

where the excavation is to be started from;

(b)

any phasing required to achieve the required rock

buttressing;

(c)

the levels that should be attained in each stage of the

excavation;

(d)

the type of machinery equipment that is allowed to be

used;

(e)

the type of machinery equipment that is not allowed

to be used;

(f)

if applicable, the type of crane to be used, the location

where this is to be set-up, the methodology for setting

up the crane, the relevant ground conditions below

the crane, and other information relating to the crane

that may be relevant, supported by certification by a

warranted engineer;

(g)

the precautions and safeguards to be adopted

(i)

against instability of structures falling within

the affected zone;

(ii)

for the safety of persons.

9. Procedure to be adopted for the loading and carting away of

resulting debris.

10. Subject to the provisions of the Civil Code (Cap. 16.), where

underpinning is to be undertaken, full details of how the

underpinning works are to be executed, supported by scaled

plans, sections and detailed drawings. A description of how

the underpinning works are to be phased in relation to other

excavation work needs to be described.

11. Issues to be observed during the excavation.

12. A signed declaration by the perit responsible for the

excavation method statement stating that the contents of the

excavation method statement were discussed with the site

technical officer and the contractor/subcontractor

undertaking the works, who have accepted to proceed with

the works according to the method statement.

13. Any monitoring readings that are required to be undertaken

during the excavation, describing where, how and what is to

be measured and what results are to be tolerated prior to

taking ulterior action.

(1) The developer shall ensure that demolition, Insurance and

excavation and construction works which fall under the provisions of bank guarantee.

these regulations shall be 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

seven hundred and fifty thousand euro (€750,000) and shall continue

to be renewed until such time when all demolition, excavation or

construction work is certified as complete by the perit in charge of the

project

Provided that the developer shall carry out an appropriate

and adequate assessment of the risks involved and if the said value of

seven hundred and fifty thousand euro (€750,000) is not considered

sufficient, the developer shall ensure that such coverage is duly

increased.

(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 adequately 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.

(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 26. 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 (5) 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 indicated, 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 the developer shall submit in this

case, a bank guarantee to the Director, equivalent to the maximum

amount in excess indicated in the insurance policy.

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

developer shall immediately inform the Director and the developer.

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 arbitrations award, shall 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 (2) 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 on a website prescribed by the

Director, a notice giving the date of notification of project completion.

The perit in charge of the project shall also within (2) two weeks,

notify 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 (3) months from the date of notification of

project completion, the Director shall release the bank guarantee

Provided that a bank guarantee shall be released if the

Director has been informed in writing by the owners of the contiguous

property, as indicated in the method statement, that they do not have

ulterior claims.

(Regulations 7 and 8)

(Method Statement for building works)

1. The commencement date of the works.

2. Checks showing that any existing floors are capable of

sustaining the additional load being imposed by the new

construction these should include

(a)

an estimate of existing and proposed loads in every

floor, and a declaration that the structural elements of

each individual floor are capable of sustaining the

additional loads when checked in accordance with

established codes of practice;

(b)

a description of any additional reinforcement work

that may be necessary in each floor.

3. Checks showing that the foundations of the building are

capable of sustaining any additional loads placed over the

existing storeys. These should include

(a)

an estimate of the existing and proposed loads at

foundation level;

(b)

information about the nature of the foundations of the

building, including type and dimensions;

(c)

information on the nature of the ground, supported by

the respective ground investigation reports that shall

be attached to the method statement.

4. Identification of risks involved. If any of the information

required in items 2 and 3 is not available, then the method

statement shall contain a declaration by the perit responsible

for the project that he/she is assuming full responsibility for

the structural capacity of the building, the safety of its

occupants, and the safety of operatives working on its

construction, notwithstanding the missing information that

precludes the necessary checks from being made.

5. Proposed methodology, supported by any other

documentation as may be required, which should specify

(a)

the risks involved after taking account of the

structural condition of the construction itself and

contiguous structures;

(b)

the sequence of works to be undertaken;

(c)

measures to safeguard the stability of the works being

undertaken, the stability of contiguous structures or

terrain as the case may be;

(d)

the type of machinery equipment that is allowed to be

used;

(e)

the type of machinery equipment that is not allowed

to be used;

(f)

any specific interventions required during the course

of works;

(g)

if applicable, the type of crane to be used, the location

where this is to be set-up, the methodology for setting

up the crane, the relevant ground conditions below

the crane, and other information relating to the crane

that may be relevant, supported by certification by a

warranted engineer;

(h)

the precautions and safeguards to be adopted

(i)

against instability of the structure;

(ii)

for parts thereof being demolished;

(iii) for any contiguous structures;

(iv) for the safety of persons;

6. Procedure to be adopted for the loading and carting away of

the resulting debris.

(1) Not later than two (2) weeks before the Submission of a

commencement of any works of excavation, demolition or construction, method

statement and

the perit in charge of the project shall submit the relative method condition report.

statement in accordance with the Fourth, Fifth and Sixth Schedules

and a report on the condition of the property according to the Seventh

Schedule that has been issued in the English language only, on the

website prescribed by the Director.

(2) 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.

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

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

which construction works are to be undertaken, and in the case of

excavation, a third party who is the owner or occupant of any property

that falls within the affected zone of excavation, the Director may

request from the developer the submission of a partial method

statement at any stage. Such method statement shall be submitted

within three (3) 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.

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

Director, the report on the condition of the property which is located

opposite, overlying or underlying any site, on which construction

works are going to be carried out, and in the case of excavation, the

properties which fall within the affected zone of excavation, on a

website prescribed by the Director, by not later than two (2) weeks

before the works are commenced. A copy of the report must be sent

to the owners or the respective occupants of the relative property by

means of a registered letter.

(5) 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 two (2) weeks. If no corrections or no other

condition report are submitted to the Director within such time from

receipt thereof 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.

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

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

discretion, ask the perit in charge of the project 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 (2) periti.

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

fail to reach an agreement as described in sub-regulation (6), 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.

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

developer’s perit, or where the perit in charge of the project 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.

(9) Where the occupant of a property for which a condition

report is required is not the owner, the occupant shall

(a) inform the owner that a perit responsible for the

project, 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.

(10) The Building Regulation Office reserves the right to have

any information provided verified by independent persons.

(Regulation 7)

(Condition Reports)

1. Details of property.

2. Description of the structure system used for floors (e.g

reinforced concrete slabs, stone slabs on timber beams,

concrete frame, etc).

3. Description of the structure system used for transmitting

vertical load (e.g. masonry walls, concrete columns, etc).

4. Brief description of finishes and their general condition.

5. Brief description of the condition of existing services,

including, but not limited to, any leakages, blockages etc.

6. Sketch plan of property.

7. List of observed defects, by room, cross-referenced to

photos.

8. In the case of properties falling within the affected zone of

excavations, the report shall, in addition to items 1 to 7,

include

(a)

A dimensioned sketch plan of the lowest floor of the

building.

(b)

Clear identification of the structural system of the

building, within this zone, describing how load is

transmitted to the foundations.

(c)

An estimate of the load reaching foundation level, in

kN/m or kN.

(d)

Identification of the type and dimensions of

foundations within this zone.

(e)

An estimate of the bearing pressure at foundation

level in kN/m2 in the case of strip footings, pad

footings and raft foundations.

9. In the case of buildings over which additional floors are to

be constructed, the report shall, in addition to items 1 to 7,

include

(a)

dimensioned sketch plan of all floors of the existing

building.

(b)

Clear identification of the structural system of the

building, within all floors describing how load is

transmitted from floor to floor and to the foundations.

(c)

An estimate of the loads at floor level of each floor,

and reaching foundation level, in kN/m or kN.

(d)

Identification of the type and dimensions of

foundations of the existing building.

(e)

An estimate of the bearing pressure at foundation

level in kN/m2 in the case of strip footings, pad

footings and raft foundations.

10. If information about the foundations of the building is not

readily available, this is to be clearly stated in the report, and

the assumptions made in calculating the bearing pressure are

to be described, for both of the above cases.

€1.98

(1) The method statement shall be prepared by a perit in Form and

collaboration with the site technical officer and the contractor who are content

method

responsible for the works covered by such statement.

statement.

(2) The method statement shall include the information

requested in the Second Schedule.

(3) Not later than two (2) weeks prior to the start of demolition

works, the relative method statement shall be sent with the information

requested in the Fourth Schedule, that has been issued in the English

language only.

(4) Not later than two (2) weeks prior to the start of any

excavation works, the relative method statement shall be sent with the

information requested in the Fifth Schedule, that has been issued in the

English language only.

(5)

Not later than two (2) weeks prior to the start of

construction works, that don’t include excavation and demolition, the

relative method statement shall be sent with the information requested

in the Sixth Schedule, that has been issued in the English language

only.

(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 eight o’clock in the morning (8a.m.), or between two

o’clock and four in the afternoon (2p.m. - 4p.m.) or after eight

o’clock in the evening (8p.m.) 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 technical officer, 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 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

remains with the perit who prepares it. The responsibility for the

enforcement of the method statement rests with the site technical officer,

and the implementation of the measures in the method statement, lies

with the contractor.

(1) When the site technical officer is in doubt about

how works are to proceed, he shall stop the works and request

direction from the perit who would have prepared the method

statement.

(2) The site technical officer shall ensure that the contractor is

complying with all their obligations as provided for in these regulations.

If the site technical officer notices any violation of these regulations, he

shall immediately stop the works and notify the perit(i) in charge and the

Building Regulation Office.

(3) Upon being served with an enforcement notice issued by the

Director, the site technical officer shall immediately communicate this

notice to the contractor and the perit(i) and see to it that this order is

complied with by ceasing the demolition, excavation and/or construction

activity, as applicable.

These regulations do not exempt the developer, the perit in

charge of the project, the site technical officer and contractor or the

sub-contractor from observing other obligations and provisions of the

law that are regulated by other laws.

The Director shall, for construction works which fall within

any one (1) 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 these regulations; 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.

(1) The Director shall have the power to issue an Power of the

Director to issue

enforcement notice in any one (1) of the following circumstances

an enforcement

notice.

(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 person appointed by him the power to issue

on his behalf an enforcement notice.

(3) Should a 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 Force of Order 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.

(1) Where the Director holds that an infringement of

these 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 force of order to 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 or any delegated official or perit 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 14, inform the developer, the

perit in charge of the project, the site technical officer and the person

carrying out the construction works, warning them of the measure that

may be taken and the specific reason as to why it may be taken. The

Director may order 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 (7) 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 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 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

Code of Organization and Civil Procedure, which is either not opposed Cap. 12.

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 Cap. 12.

Second of the Code of Organization and Civil Procedure.

(1) The Director may delegate to another person the Responsibility

responsibilities pertaining to the Director in regulations 13 and 14, and of

official or perit.

the person thus delegated shall be responsible for such delegated

matters.

(2) The Director or any delegated official or representative

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 representative, a copy of the enforcement notice shall be

submitted to the Director as soon as possible, after the serving of the

notice, but not later than close of business of the first full working day

after the serving of the notice.

(1)

An enforcement notice shall include

(a) an instruction to the developer, site technical officer

and the contractor and the perit in charge of the project 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) When 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 (24) 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) The developer shall take all reasonable precautions to

ensure that the construction activity will not result in damage to

contiguous properties, including damage that may result from the

infiltration of water.

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

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 Cap. 387.

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 Offences and

provisions of regulation 6 shall be guilty of an offence in terms of penalties.

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

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

(€ 10,000) and in the case of a continuing offence, to a further fine

(multa) of five hundred euro (€500) for each day the offence

continues.

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

enforcement notice in terms of these regulations or to cease operations

as requested in the notice or adopts any interim measures without the

permission of the Director 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 fifty thousand euro (€50,000) and in the case of a

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

(€1,000) 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,

proceedings for an offence against these regulations are to be taken

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

(Gozo), as the case may be, and they shall be in accordance with the

provisions of the Criminal Code that regulate the procedure of

those as courts of criminal judicature.

(7) Notwithstanding the provisions of the Criminal Code, the

Attorney General shall always have a right of appeal from any

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

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

these regulations.

(1) Without prejudice to regulation 16 and any other

provisions under these regulations which the Director is entitled to

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, 8 and 10 or refuses to comply with an enforcement

notice or the method statement and any person who fails or refuses to

adopt urgent interim measures in terms of these regulations or shall

commit an infringement of these regulations, shall be liable to the

imposition of an administrative fine from the Director.

(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 21

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 criminal proceedings against

him 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 Cap. 12.

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 penalty shall constitute an executive

title for all the effects and purposes of the Code of Organization and Cap. 12.

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 interim measure in terms of these regulations.

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

any provision of these regulations persists, regardless of any offence.

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 regulations procedure.

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

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

Works of excavation, demolition and construction, that Transitory

would have started but are not complete on the date of 25th June provision.

2019, as well as those works of excavation, demolition and

construction, that still need to begin, fall under the provisions of

these regulations

Provided that the Director of the Building Regulation

Office reserves the right to issue appropriate orders according to the

requirements and nature of the particular site.

When before the start of works, the perit in charge of the Exemptions

project certifies, after giving clear reasons, that the structural from

submission.

interventions will not affect third party property, the provisions of

regulations 4, 5, 6, 7 and 8 do not apply

Provided that if requested by the Director, the developer

shall submit a method statement and, or a copy of the insurance that

covers third parties and, or the bank guarantee and, or the condition

report of the contiguous property according to the provisions of the

regulations

Provided also that nothing will prevent, apart from the perit

in charge of the project, the appointment of a site technical officer or

officers to assume responsibility in terms of these regulations.

The Avoidance of Damage to Third Party Property

Regulations are hereby, by means of these regulations, being repealed.