Construction Sites Insurance Obligations Regulations, 2024

L.N. 38 of 2024

BUILDING AND CONSTRUCTION AUTHORITY ACT

(CAP. 623)

Construction Sites Insurance Obligations Regulations, 2024

IN EXERCISE of the powers conferred by article 17 of the

Building and Construction Authority Act, the Minister responsible for

the construction industry, after consultation with the Building and

Construction Authority Board, has made the following regulations:-

(1) The title of these regulations is the Construction Sites Citation and

applicability.

Insurance Obligations Regulations, 2024.

(2) These regulations shall apply to any construction work

which commences after the coming into force of these regulations.

In these regulations, unless the context otherwise requires

Interpretation.

"Act" means the Building and Construction Authority Act;

"Authority" means the Building and

Construction

Authority as established by article 5 of the Act;

"certificate of completion of the construction works" means

the declaration of completion of works issued by the responsible

perit of all structural works 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;

"Chief Executive Officer" shall have the same meaning as

assigned to it in the Act;

"client" shall have the same meaning as assigned to it in the

Act;

"construction" shall have the same meaning as assigned to

it in the Act;

"construction site" means the site where construction works

are executed and where the equipment and, or materials and

works and services are delivered to, and where workers are

executing their profession for the purpose of the project as

approved. For the purpose of these regulations, construction site

shall also include the site contiguous to the site where

construction works are being carried out, and used for the

purpose of temporary placing of buildings, moveable structures,

works, plants or machinery required in connection with, and for

the duration of the construction works;

"contiguous property" means the immediately adjacent

third party property to the construction site that may divide or

otherwise, a dividing party wall with the construction site,

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

underlying other third party property;

"declaration of insurance cover" means a document which

shall be issued by an authorised insurance undertaking and such

document shall be submitted to the Chief Executive Officer

within two (2) weeks prior to the commencement of any

construction works

Provided that this declaration shall serve only as a

confirmation of the existence of insurance cover and the details

of the terms and conditions on which the insurance has come into

effect, shall be verified and ascertained only from the insurance

contract;

"insurance contract" means a contractual agreement with an

insurance undertaking authorised under the Insurance Business

Act or a European insurance undertaking as defined in the same

Act to cover the works inherent to the project as well as to cater

for the protection and indemnity of any potential losses arising

from the execution of the works as listed on the method

statement to the project, in respect of liability arising to any third

party including injury, death or property damage that may result

from the works

Provided that the insurance contract shall specify that

it is subject to the Laws of Malta, and the Courts of Malta shall

have jurisdiction to hear and decide any proceedings instituted

relating to the insurance contract and any issue ancillary to the

said insurance contract;

"responsible perit" means the perit in charge of the project

and who assumes responsibility for the execution of the project

in its entirety;

"works" shall have the same meaning as assigned to it in

the Act.

Any construction site shall be covered by a valid insurance

policy that provides against any loss, damage, injury or death that may

be sustained by any third party consequent to any act or omission

occasioned or brought about by the construction works or activities

being undertaken by the clients, their contractors and any sub-

contractors engaged to carry out such works, including any works done

or omitted to be done by their employees

Provided that the insurance cover shall cover a third party

liability limit of not less than seven hundred and fifty thousand euro

(€750,000) prior to the issuance of the clearance to commence the

construction works by the Chief Executive Officer. The said insurance

policy shall be maintained or extended or renewed throughout the

duration of the works until the submission of a certificate of

completion of the construction works in accordance with regulation 6.

The extent of liability of cover over the minimum indicated Extent of

in regulation 3 in the insurance policy shall be determined by the liability cover.

insurance contract based on an valid assessment of the risks involved.

The client shall submit a declaration of insurance cover to Declaration of

the Authority in the prescribed form which shall be made available on insurance cover.

the Authority’s website.

(1) On completion of the construction works, the client Certificate of

shall submit to the Chief Executive Officer, within two (2) weeks from completion

the construction

completion of the works, a certificate of completion of the works.

construction works as approved by the responsible perit

Provided that a certificate of completion of the construction

works shall be submitted to the Chief Executive Officer as provided in

sub-regulation (1).

(2) The date of the certificate of completion of the construction

works shall be published on the Authority’s website by the Chief

Executive Officer, and the responsible perit shall within two (2) weeks

from the publication on the website, notify also all the owners and

occupiers of those properties, for which a condition report in

accordance with regulation 7 of the Avoidance of Damage to Third S.L. 623.06.

Party Property Regulations had been submitted by the perit who

compiled the said condition report, with the details of such certificate

regarding the project completion.

€0.36