DRAINAGE FACILITIES AND SEWER CONNECTION REGULATIONS

SUBSIDIARY LEGISLATION 10.29

DRAINAGE FACILITIES AND SEWER

CONNECTION REGULATIONS

1st June, 1975;

5th August, 1975;

1st January, 1989

LEGAL NOTICES 88 of 1975, 52 of 1976, as amended by Act XIII of

1983, and 111 of 1988, consolidated, and as amended by Act XI of 1987

and Legal Notice 407 of 2007.

The title of these Regulations is Drainage Facilities and

Sewer Connection Regulations.

Drainage Facilities

Where any sewer, or any part of the public sewer, which is

to be laid by any owner other than the Government, is to pass

through or across any land not belonging to the Government, the

Commissioner of Land shall take all necessary steps for the

imposition of the relative easement in accordance with the

provisions of the Land Acquisition (Public Purposes) Ordinance.

The Director of Public Works may, with the approval of

t h e M i n i s t e r r e s p o n s i b l e f o r P u b l i c Wo r k s , e n t e r i n t o a n y

agreement with the owner of any house in connection with the

communication of the relative privy or privies with the public

sewer, and any such agreement may include the contribution by

him of such part of the total expenditure incurred or to be incurred

i n t h e s a i d c o m m u n i c a t i o n a s t h e s a i d M i n i s t e r, w i t h t h e

concurrence of the Minister responsible for Finance, may decide

either generally or with respect to any particular case.

Where, consequential to an order given by the

Superintendent of Public Health, any part of the public sewer is laid

by any one or more owners of houses, and such part is intended to

be made use of at any time by other such owner or owners, the total

expenditure involved in such laying shall be apportioned on a

frontage proportion as between all owners of the land

neighbouring, or opposite to, the houses in question on which land

houses have been or may be erected, and the owner or owners who

shall have incurred the original expenditure shall have a right of

reimbursement against the other owner or owners with respect to

the share of the latter.

Where several houses in any particular area are to be

connected with the public sewer, and one or more of the owners of

such houses does not agree with the other owners on the work to be

done and/or on the expenditure involved, the Director of Public

Works may, if he so determines, carry out all or any part of the

necessary work at the expense of the several owners, and the total

expenditure incurred by him shall be borne by all the said owners in

the manner set out in regulation 4.

Notwithstanding the provision of regulation 4, no owner of

any developable land may be compelled to pay any share or

proportion of the expenditure referred to in the said regulation 4

until a building permit has been issued to him by the Planning

Authority in respect of his particular plot.

Where any amount is due to the Director of Public Works

or to any other person for works carried out in accordance with the

provisions of regulation 4 or 5, the debtor of any such amount shall

pay interests thereon at the rate of 6 per cent per annum as from the

date in which the said amount became due.

Sewer connection

Where the Director of Public Works lays the connection

between the public sewer and the intercepting chamber of any

house as provided in article 97(2) of the Code of Police Laws, the

following fees shall be payable to the said Director by the owner of

such house

(a) in the case of a connection excavated in made up

ground or in soft rock - sixty-nine euros and eighty-

eight cents (69.88) per connection;

(b) in the case of a connection excavated in hard rock -

eighty-one euros and fifty-three cents (81.53) per

connection

Provided that where the distance between the main sewer

and the point of connection with the private property is under three

metres the connection fee shall be forty-six euros and fifty-nine

cents (46.59)

Provided further that, in the case of an owner-occupied

house, no fee shall be levied if it is shown that such owner is in

receipt of social assistance or of a non-contributory pension

awarded under the Social Security Act.

Fees (main sewer)

Whosoever applies to the Planning Authority for a permit

to construct or reconstruct a house, shall, before the issue of such a

permit, pay in full to the Director of Works all such fees laid down

in regulation 10 in respect of the proposed or existing laying of the

main sewer, provided that the proposed or existing house is not

situated at a distance exceeding 600 metres from a main sewer.

The following fees shall be due to the Director of Works

for the laying of the main sewer intended to serve a proposed house

in respect of

(a) the proposed or existing ground and first floors of such

house, per metre run of frontage thereof

(i)

where the land opposite such house is indicated

for building development ..................... €18.63;

(ii) where the land opposite such house is not

indicated for building development .......€27.95;

(b) every additional floor over the ground and first floors

of a proposed house, per metre run of the frontage

thereof additional nine euros and thirty-two cents

(9.32);

(c) a proposed house lying on a corner plot and having a

frontage on two streets, payment shall be made on the

longer frontage thereof together with an additional

one-half of the payment due on the length of the corner

splay

Provided that the minimum leviable fee for each proposed

house in this regulation shall be seventy-four euros and fifty-four

cents (74.54).