Avoidance of Damage to Third Party Property

L.N. 468 of 2021

BUILDING AND CONSTRUCTION AUTHORITY ACT

(CAP. 623)

Avoidance of Damage to Third Party Property

(Amendment No. 2) Regulations, 2021

IN EXERCISE of the powers conferred by article 17 of the

Building and Construction Authority Act, the Minister responsible for

the building industry, after consultation with the Building and

Construction Authority Board, has made the following regulations:-

(1) The title of these regulations is the Avoidance of

Damage to Third Party Property (Amendment No. 2) Regulations,

2021 and these regulations shall be read and construed as one with the

Avoidance of Damage to Third Party Property Regulations, hereinafter

referred to as the "principal regulations".

(2) These regulations shall come into force within two months

from their publication in the Gazette.

Immediately after sub-regulation (10) of regulation 7 there

shall be added the following new sub-regulations

"(11) (a) Wherever more than fifty percent (50%)

of the total number of owners of any one complex which

falls within an excavation affected zone as defined in

these regulations are in disagreement with the condition

reports and, or method statements prepared by the perit

on behalf of the developer in terms of these regulations,

they may elect to engage one perit of their choice to

review the said condition reports and, or method

statements that were prepared by the perit on behalf of

the developer and may make a claim for disbursement as

provided in this sub-regulation.

(b) The amount claimed for disbursement in terms

of paragraph (a) shall not exceed five hundred euro

(€500) exclusive of VAT for any one complex.

(c) The developer shall deposit a bank guarantee

to the Building and Construction Authority equivalent to

five hundred euro (€500) exclusive of VAT for each

complex situated within the excavation affected zone to

make good for any claims made in terms of paragraph (a).

No clearance to commence works shall be given by the

Building and Construction Authority unless the relative

sum is deposited in full.

(d) Any claim made in terms of paragraph (a) by

an owner of a complex situated within the excavation

affected zone shall be made to the developer and notified

to the Building and Construction Authority. Payment by

the developer shall be made against an authentic copy of

the fiscal receipt issued by the perit appointed to review

the condition reports and, or method statements. The

Building and Construction Authority shall, within two (2)

weeks, after the perit in charge of the project submits a

certification that the works have been completed together

with the authentic copy of the fiscal receipts related to the

payments done by the developer with respect to all

claims, release back to the developer the bank guarantee

raised in terms of paragraph (c).

(e) The perit appointed to review the condition

reports and, or method statements shall not be prohibited

from making other independent arrangements with the

owner or owners of the complex appointing him or her,

for any fees that are considered over and above the said

amount.

(f) For the purpose of this sub-regulation,

"complex" means any property on one or more levels

sharing the same footprint or part thereof and having

access onto a street and where more than fifty percent

(50%) of the total number of owners elect to commission

the same perit to review the condition reports and, or

method statements that were prepared by the perit on

behalf of the developer

Provided that each un-divided co-owned

property having independent access within a complex is

considered to be owned by one owner for the purpose of

computing the total number of owners in paragraph (a).

(12) The commencement of any works of

excavation, demolition or construction may take effect

only after the Building and Construction Authority

provides clearance in writing.

(13) When a stop order issued by the Director is

revoked, the resumption of any works of excavation,

demolition or construction described in that order may

take effect only after the Building and Construction

Authority provides clearance in writing.".

€0.27