CONSTRUCTION SITES INSURANCE OBLIGATIONS REGULATIONS

CONSTRUCTION SITES INSURANCE OBLIGATIONS

SUBSIDIARY LEGISLATION 623.11

CONSTRUCTION SITES INSURANCE OBLIGATIONS

REGULATIONS

27th February, 2024

LEGAL NOTICE 38 of 2024.

(1)

The title of these regulations is the Construction

Sites Insurance Obligations Regulations.

(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

"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;

"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;

"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 SITES INSURANCE OBLIGATIONS

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;

"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

CONSTRUCTION SITES INSURANCE OBLIGATIONS

(€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 in regulation 3 in the insurance policy shall be determined by

the insurance contract based on an valid assessment of the risks

involved.

The client shall submit a declaration of insurance cover

to the Authority in the prescribed form which shall be made available

on the Authority’s website.

(1)

On completion of the construction works, the

client shall submit to the Chief Executive Officer, within two (2)

weeks from completion of the works, a certificate of completion of the

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

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.