Regulations, 2021

L.N. 410 of 2021

BUILDING AND CONSTRUCTION AUTHORITY ACT

(CAP. 623)

Building Regulation Act (Repeal and Applicability)

Regulations, 2021

IN EXERCISE of the powers conferred by article 48 of the

Building and Construction Authority Act, the Minister responsible for

the Environment, Climate Change and Planning has made the

following regulations with regard to the repeal and applicability of the

provisions of the Building Regulation Act, Cap. 513:-

The title of these regulations is the Building Regulation Act Citation.

(Repeal and Applicability) Regulations, 2021.

The 29 th October 2021 has been established as the date Date of repeal

when the provisions of articles 4, 5, 6, 11, 18(3), 19, 21, 26, 28 and 29 of

and Schedule to,

of, and the Schedule to, the Building Regulation Act shall be repealed. the

Regulation Act.

The provisions of articles 3, 12, 13, and 20 of the Building Applicability of

articles 3, 12, 13

Regulation Act shall remain in force and be applicable

and 20 of the

Building

Regulation Act.

(a) to all pending appeals currently before the Building

Regulation Board or the Committee of Appeals; and

(b) to any other appeal which may be submitted from all

decisions of the Building Regulation Office given up to and

including the 28 th of October 2021; and

(c) to any other appeals currently before the Court of

Appeal (Inferior Jurisdiction) and any appeals which may be

submitted from all decisions of the Building Regulation Board or

the Committee of Appeals given up to and including the 28 th of

October 2021.

The provisions of articles 7, 8, 9 and 10 of the Building Applicability of

Regulation Act shall remain in force and be applicable in so far as it other

the Building

relates to requests by applicants for applications for case dispensation Regulation

or relaxation submitted to the Building Regulation Board and which

have not been determined by the 28 th of October 2021.

The provisions of articles 14, 15, 16, 17, 18(1) and 18(2),

20, 22, 27 and of the Building Regulation Act shall remain in force and

be applicable in so far as they relate to

(a)

current pending proceedings and litigation; and

(b) proceedings and litigation from all decisions of the

Building Regulation Office given, up to and including the 28 th of

October 2021,

before the Building Regulation Board or the Committee of

Appeals, or before any other Court, Tribunal, arbitration and other

adjudicating authority.

The provisions of articles 20, 23, 24 and 25 of the Building

Regulation Act shall remain in force and be applicable in so far as they

(a) current proceedings before the Court of Magistrates

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

Criminal Appeal in relation to the Building Regulation Act; and

(b)

proceedings instituted for offences carried out by the

28 th of October 2021 in breach of the Building Regulation Act.

The Minister responsible for the construction industry may

establish further dates with regard to the repeal of the remaining

provisions of the Building Regulation Act.

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