DEVELOPMENT PLANNING (HEALTH AND SANITARY) REGULATIONS (healthandsanitary)

SUBSIDIARY LEGISLATION 552.22

DEVELOPMENT PLANNING (HEALTH

AND SANITARY) REGULATIONS

10th June, 2016

LEGAL NOTICE 227 of 2016, as amended by Legal Notice 374 of 2020.

The title of these regulations is the Development Planning

(Health and Sanitary) Regulations.

(2) These regulations shall come into force on the 10th June,

2016

Provided that

(a) for development applications submitted in terms of the

Act, these regulations shall apply to development

applications validated after the 10th June 2016; and

(b) for development applications submitted in terms of the

Act, and which were validated prior to the 10th June

2016, the applicant may, within two months from the

10th June 2016, request the Authority to determine his

application under the provisions of Code of Police

Laws or under the provisions of these regulations. If

no communication is forthcoming, the application

shall be determined under the provisions of these

regulations.

(3) In determining development applications submitted in

terms of the Act, the Authority shall apply the provisions of these

regulations without prejudice to the provisions of article 72 of the

Act.

(1) In these regulations, unless the context otherwise

requires

"the Act" means the Development Planning Act;

"alterations" means structural changes to buildings;

"aperture" means an opening which allows natural light and

ventilation into a habitable space;

"Authority" has the same meaning as is assigned to it in article 2

of the Act;

"back yard" means an unroofed area at the rear of the structure

which shall be an integral part of the same site, to provide adequate

light and cross-ventilation to structures with over fifteen metres

depth;

"basement" has the same meaning assigned to it in the

Development Control Policy, Design Guidance and Standards of

2015, as may be subsequently amended;

"clear height" means the distance measured from the finished

floor level up to the underside of the ceiling level. This excludes

any beams, arches and, or drop ceilings, provided that these do not

take up more than 30% of the ceiling area of the room and the clear

height of this 30% area is not less than 2.0 metres;

"commercial development" is any development related to retail,

offices, food and drink, tourism, entertainment, industrial and

warehousing, or a mixture of these uses;

"corner site" means a site located at the intersection of two

streets;

"courtyard" means an unroofed area in existing buildings

constructed up to 1967 and shall be an integral part of the same

site;

"dwelling" means a structure used as a residence and it must

consist, at least, of a kitchen, bedroom, and sanitary facilities;

"habitable space" means any space larger than six meters

squared, excluding bathrooms, circulation space, walk-in

wardrobes, domestic stores, engine rooms, lift shafts, garages,

games rooms and commercial developments;

"internal yard" means an unroofed area, not located at the rear of

the structure, intended to provide adequate light and cross-

ventilation to habitable space over 15 metres depth and shall be an

integral part of the same site. The minimum width of an internal

yard shall be one metre and fifty centimetres;

"non-habitable space" means any space which does not fall

within the definition "habitable space";

"residential structure" means a building used as a dwelling;

"restricted site" means a site or a structure with a depth of fifteen

metres or less;

"shaft" means an unroofed area with sufficient area to provide

cross-ventilation and, or space for the location of ducts and gulleys

for storm and foul water.

PART I

Preamble

(1) These regulations are applicable to new structures and

to alterations to all existing structures.

(2) These regulations are not applicable to structures

constructed in, or prior to, 1967, save alterations to these structures

done thereafter.

(1) In particular circumstances the Authority may deviate

from the exact definition of these regulations, if there are justified

planning and sanitary reasons for this departure. Such an exemption

may be granted without detriment to the structure in question and

the neighbouring properties, and shall not affect or detract from the

liability of the perit or of any other person in respect of the stability

or safety of the structure. Any deviations are to be justified.

(2) Any departure from these regulations shall be decided by

t h e A u t h o r i t y a n d s h a l l b e su b j e c t t o a n a p p e a l b e f o r e t h e

Environment and Planning Review Tribunal.

All these regulations refer to both habitable and non-

habitable spaces, unless otherwise indicated.

These regulations may be subject to other specific

conditions contained in the relevant development permit.

It shall be lawful for any official duly authorised by the

Executive Council, in the course of or after the completion of the

work, to inspect the structure in order to ascertain whether the

work, both as regards the materials used and the mode of its

execution, conforms to the provisions of these regulations. The

Executive Council may, where necessary, request the assistance of

the Police and obtain a warrant authorizing the use of force, for

access.

Any infringements of these regulations shall be subject to

enforcement action. All existing developments carried out post

1967 must conform to the conditions attached to the relative

development permit or to these regulations.

The Authority may request a warranted engineer’s report,

or an updated one, in relation to any approved development in

relation to light and ventilation matters. Failure to submit such

reports within the requested time shall render the use of the

building as illegal, and enforcement action may be carried out

accordingly.

PART II

Of Habitable and Non-Habitable Spaces

10.(1)(a) All new development should be provided with a water

reservoir to store and re-use rainwater run-off from the

built up area and having a volume that is established in

Technical Guidance Document F - Conservation of

F u e l , E n e rg y a n d N a t u r a l R e s o u r c e s ( M i n i m u m

Requirements on the Energy Performance of Buildings

Regulations, 2006) and any subsequent revisions.

(b) Every water reservoir shall be connected to a pump

where the extraction of water so requires.

(1) Each dwelling unit must have a frontage on a road,

valley or coast.

(2) Habitable and non-habitable spaces may be permitted at

basement levels provided that they comply with these regulations.

In the case of both habitable spaces and non-habitable spaces, these

are to be adequately ventilated and illuminated and include either

of the following

(a) an external aperture above pavement level; or

(b) an external aperture overlooking

(i)

a three metre front unroofed area even if located

below street level; or

(ii) at least a three metre deep unroofed area at the

back of the structure; or

(c) for non-habitable spaces in basements only, a

warranted engineer certifies that they are adequately

ventilated and illuminated for their intended use. The

Authority may consider ventilation grids under

pavements as a source of adequate ventilation for such

non-habitable spaces in basements.

(3) Preference should always be given to natural light and

ventilation for non-habitable spaces above ground level

Provided that non-habitable spaces may be artificially

illuminated and ventilated, subject that certification by a warranted

engineer is submitted to the Authority stating that the design can

achieve acceptable levels of light and ventilation in accordance

with recognised building codes and standards.

(1) Every habitable space shall be served with a minimum

cumulative external aperture area of at least one metre squared.

(2) No overlying projections shall be allowed above apertures

with a cumulative area of less than one metre squared.

(1) All habitable spaces are to be adequately ventilated

and illuminated in accordance with the provisions of this regulation

to ensure, in the opinion of the Authority, sufficient ingress of

natural light and free circulation of air.

(2) Every dwelling, except corner dwellings, with a depth of

more than fifteen metres, requires a back yard equivalent to at least

six metres width or to the entire plot width if such plot width is less

than six metres. The depth of the back yard shall be in accordance

to regulation 16.

(3)

Toilets may be mechanically ventilated.

(4)

(a) Glazed automated retractable roofing over courtyards

providing ventilation to habitable spaces may be

considered provided that

(i) natural or mechanically automated ventilation is

provided;

(ii) the design shall be certified by a warranted

engineer that it can achieve acceptable levels of

ventilation in accordance with recognised

building codes and standards.

(b) In the case of fixed glazed roofing, side ventilation

may be considered provided that the design is certified

by a warranted engineer that it can achieve acceptable

levels of ventilation in accordance with recognised

building codes and standards.

(5) When a habitable space has an irregular shape and the

external apertures do not provide direct natural light and ventilation

to all the habitable space, a projection above any such aperture

shall not exceed one metre.

(1) In streets or open spaces which are three metres wide

or less, the overall height of the façade should not exceed twice the

width of the street or open space, which width shall be calculated as

the clear horizontal distance between the building frontage of the

façade and the building frontage of the nearest façade on the

opposite side of the street or open space. Height to width ratio does

not apply in the case of façades fronting the seafront or land outside

the development zone.

(2) In streets or open spaces which are wider than three meters

but less than or equal to fifteen metres, the overall height of the

façade should not exceed three times the width of the street or open

space which width shall be calculated as specified in sub-regulation

(1). Height to width ratio does not apply in the case of façades

fronting the seafront or land outside the development zone

Provided that additional floors above the overall height of

the façade stipulated under sub-regulations (1) and (2) may be

allowed provided adequate setbacks from the building alignment of

the façade are introduced. The setback for the additional floors

shall be of a dimension such that the ratio of the width of the street,

as specified in sub-regulation (1), and the setback, to the overall

height of the building, including the setback floors, shall never be

less than 1:2 for street widths of three metres or less and never less

than 1:3 for street widths of more than three metres. Street widths

shall be measured as stipulated in sub-regulations (1) and (2)

Provided further that there may be exceptions depending on

the site context, in which case any façades which are higher than as

provided in this regulation are to respect the surrounding context.

(3) In streets or open spaces which are wider than fifteen

meters, the overall height of the façade can exceed three times the

width of the street, as specified in sub-regulation (1), without the

need for setbacks from the building alignment of the façade.

(1) The clear height of

(a) a habitable space shall not be less than two metres and

sixty centimetres;

(b) a non-habitable space shall not be less than two metres

and forty centimetres, excluding engine rooms, lift

shafts, domestic stores, walk-in wardrobes and

bathrooms, which may have a clear height of less than

two metres and forty centimeters;

(c) parking levels shall be not less than two (2) meters and

ten (10) centimeters.

(2) Any intermediate floors within the height of any space can

be accommodated provided that the clear height of the intermediate

floor shall not be less than two metres and ten centimetres and

seventy percent of the space shall remain as double volume.

(1) Every dwelling shall have a backyard with a depth in

proportion to the height of the building. The minimum depth of

these backyards, and internal yards and projections, where

applicable, shall be as specified hereunder

Height of façade

Depth of

Depth of

Depth of

overlooking the backyard

Backyard

Internal

projection

and measured from the

yard

allowed in

internal floor level of the

backyard

dwelling

Up to 10.1m

3.0m

3.0m

1.0m

> 10.1m to 14.1m

3.9m

3.5m

1.0m

> 14.1m to 18.6m

4.8m

4.0m

1.3m

> 18.6m to 21.6m

5.7m

4.5m

1.3m

> 21.6m to 25.6m

6.6m

5.0m

1.6m

> 25.6m to 28.6m

7.5m

5.5m

1.6m

> 28.6m to 32.1m

8.4m

6.0m

1.6m

> 32.1m

9.3m

6.5m

1.6m

(2) A minimum backyard and internal yard dimension of three

metres depth must be retained for a building height up to 10.1

metres measured from the internal floor level of the dwelling. For

each overlying additional floor, a setback of one metre and fifty

centimetres for a backyard and of ninety centimetres for an internal

yard from the underlying floor, shall apply. In instances where

there is already an existing minimum back and, or an internal yard

(a) for the backyard, a setback of two metres and thirty

centimetres may apply for every additional two floors

instead of having a one metre and fifty centimetre

setback for each additional floor;

(b) for the internal yard, a setback of one metre and forty

centimetres for every additional two floors may be

made instead of ninety centimetres for every floor.

(3) For structures which are not used as dwellings with a height

of the façade overlooking the backyard and measured from the

internal floor level of up to six metres and forty centimetres, the

backyard shall have a minimum depth of one metre and fifty

centimetres. The provisions of sub-regulations (1) and (2) shall

apply for overlying floors.

In the case of structures having a frontage on two streets

(a) no backyard is required where each unit at the same

level has a frontage on the two streets;

(b) a backyard for every unit with a depth as set out in

regulation 16 is required if each unit at the same level

does not have a frontage on two streets provided that

the depth of backyard may be reduced by one third of

the dimensions set out in regulation 16 when each unit

at the same level are permitted through one

development permission, and provided further that

when the reduced backyard is separated by a wall

constructed in a material used in the construction of

buildings, the height of this wall should not exceed

2.2m.

If, owing to the configuration of the site on which the

structure is to be constructed, the back yard cannot be of the

prescribed length or width, the Authority may permit a smaller

length or width, provided that, in the Authority’s opinion, such

smaller length or width, having regard to the particular

circumstances of the site, is sufficient to secure such natural light

and ventilation as are required for the wholesome condition of the

structure.

No projections are permissible within internal yards or

shafts, unless the said internal yards or shafts are larger than the

minimum required, and the maximum extent of the projection must

not exceed the surplus to the minimum required as set out in

regulation 16.

(1) A structure in the backyard up to three metres external

height may be permitted provided that the requirements mentioned

in regulations 13(2) and 16 are respected.

(2) In all cases, no access to the roof of the structure is

permitted.

Where a pre-1967 building includes a courtyard, which

courtyard does not serve as a backyard, any proposed additional

floors may be constructed without necessarily having the additional

floors recessed back from the courtyard alignment as required by

regulation 16(2), provided that a warranted engineer certifies that

they are adequately ventilated and illuminated.