CONSTRUCTION MANAGEMENT SITE REGULATIONS

SUBSIDIARY LEGISLATION 623.08

CONSTRUCTION MANAGEMENT SITE

REGULATIONS

16 th December 2022

LEGAL NOTICE 340 of 2022, as amended by Legal Notice 142 of

2023. PART I

Preliminary

The title of these regulations is the Construction

Management Site Regulations.

(Regulation 6)

Reducing Nuisance to Neighbours

1. Three (3) weeks before any work commences which will

take longer than four (4) weeks to complete, the client shall ensure that

there shall be erected on the street boundary of the site a permanent A2

sized notice board, as specified below, on which shall be affixed, and

suitably protected from the weather, the development permit number,

the particulars of the client, site manager and responsible Perit and the

contractor or contractors including their telephone numbers. A

template of such notice may be downloaded from the Authority’s web

site. The details on the notice board shall be legible from the road level

with a minimum font size of 100 point. Such notice board shall be

maintained in good condition at all times until all works on site are

completed or until such time as deemed appropriate by the Authority.

Such notice shall also include

(a)

the start date of the works; and

(b)

a contact number.

Where the site is larger than one thousand (1,000) square

metres, or has a frontage bordering any road or roads in excess of

twenty-five (25) metres, such information shall be displayed on a

notice board which shall be at least one point five (1.5) metres by two

point five (2.5) metres, and shall also include dates of completion of

the principal stages of the project. This notice board shall be placed in

such a way that it does not obstruct or hinder the safety and easy flow

of traffic and general public. Moreover a copy of the development

permit and all its renewals, if any, together with copies of all plans and

elevations as approved, shall be kept on site and the same shall at all

reasonable times be available for inspection.

Construction Management Site Regulations

Template for Notice Board / Billboard as stipulated by item 1 of the First

Schedule

Development

Title

Permit Number

Works

Commencement

Date

Name Of Site

24 Hour

Manager

Contact Number

Lead Contractor

Other

Insert name Insert name of Insert name of fourth

Contractors

of

second third contractor contractor

contractor

Perit/firm Of Periti Client

OHSA Health & Safety Officer

Address & Contact Address

& Contact Details

Details

Contact Details

In case of difficulty kindly contact the Local Council on telephone

2. Cutting of stones and bricks may be allowed on site

Provided that

(a)

all machinery and tools not listed in the Eighth

Schedule shall be equipped with dust extraction and recovery

systems, to ensure that dust is not dispersed onto public areas

and third party property; in combination with either of the

provisions of paragraphs (b) or (c);

(b)

upon roofing of the lowest floor of the structure,

all mechanical cutting of stone and brick cutting shall take

place within the building and all external apertures shall be

boarded up with an impermeable material;

(c)

stone and brick cutting shall be carried out in a

temporary enclosed impermeable structure erected on the

construction site.

3. Screed sand and other loose building materials such as

cement, small pieces of material and shingles shall be transported,

deposited and stored on site in rigid containers with suitable covers or

flexible sturdy containers that may be appropriately sealed, which

material shall support the weight being contained, to permit the total

enclosure of such materials at all times and which shall be kept sealed

when not in use.

4. Without prejudice to any other law, no building material,

waste, machinery or equipment shall be allowed to obstruct the

pavement or the smooth flow of traffic in the vicinity of the site on

which works are in progress or complete. Depositing of building

materials for loading or unloading purposes and placing of equipment

in the street along the frontage of the site shall be authorised by the

responsible Local Council.

5. Without prejudice to any other law and in addition to the

requirements emanating from the Work Place (Minimum Health and

Safety Requirements for Work at Construction Sites) Regulations,

when a hazard to vehicular traffic on a public passage is created by

work on, or associated with construction works, one (1) or more of the

following shall be provided to direct the traffic, as may be considered

appropriate and approved by the responsible Local Council, and where

appropriate by the Authority for Transport in Malta

(a)

one (1) or more law enforcement officers;

(b)

warning signs;

(c)

barriers;

(d)

lane control devices; and, or

(e)

flashing lights or flares located at a suitable

distance from the hazard.

When there is no agreement between the respective Local

Council and the Authority for Transport in Malta, the decision of the

competent authority shall prevail.

Moreover, only signs provided for in the Traffic Signs and

Carriageway Markings Regulations shall be allowed.

6. The following adequate facilities and measures shall be

undertaken to ensure that the site and its immediate vicinity are kept

clean

(a)

any trash or debris shall be contained on site and

disposed of in closed waste receptacles to avoid wind, rain or

any other movement related to the works process from carrying

it off site into any public area;

(b)

the works shall not create any discharge of

cleaning agents, paints, oil, other pollutants or hazardous waste

to public areas or into the sewerage system, or into the sea;

(c)

the immediate clean up of works related spills or

pollution;

(d)

sweeping, washing or vacuuming of dust from the

street;

(e)

wash out pits, concrete or mortar mixers and

chemical holding areas shall be located away from sewage

systems and waterways or third party property; and

(f)

prior to any vehicular movement from within the

site to any public area, these shall have their tyres washed of all

material, dirt or any other material that may be carried out into

the public area and deposited thereon.

7. All necessary measures shall be undertaken for initial

eradication and subsequent rodent control on sites to the satisfaction of

the competent authority. The following minimum measures shall be

undertaken

(a)

preventing any discharge of sewage and, or, the

closing off of any access to the main sewer;

(b)

organic waste shall be disposed off immediately

so as not to allow rodents to infest the site; and

(c)

trap stations or poison shall be installed within the

site perimeter and storage locations, and also in manholes,

where applicable.

The scope of these regulations is to limit environmental

degradation through appropriate construction management practices

that cause the least nuisance to neighbours, to minimise the risk of

injury to the public, to protect the property belonging to the

Government and the local councils, and as much as possible to reduce

the harm to the environment. These regulations shall have no bearing

on the responsibilities related to construction sites emanating from

other legislative instruments.

(Regulations 6 and 9)

1. For any building not exceeding seven (7) metres in

height from road level, it shall be mandatory to erect hoarding made of

suitable rigid material that is free-standing and independent of the

building itself up to a height of three (3) metres. Such hoarding shall

be designed in a manner that conceals the site and protects adjacent

areas from the egress of dust and from materials which may fall from

within the site.

2. For any building exceeding seven (7) metres in height

from road level, it shall be mandatory to erect hoarding made of

suitable rigid material up to the full height of the building. Such

hoarding shall, in the absence of a nationally approved code of practice

by the competent authority, be designed in a manner that entirely

conceals the site and protects adjacent areas from the egress of dust

and from materials which may fall from within the site

Provided that for buildings up to or higher than twenty-

five (25) metres, as an alternative to hoarding to full height, the

hoarding up to twenty-five (25) metres may be used and from the

twenty-fifth (25 th ) metres upwards all windows and balcony door

openings shall be boarded up to prevent the egress of dust. For sites

that are recessed from the road, semi-detached or detached, such

hoarding shall enclose the whole of the site.

The hoarding shall, as a minimum, be erected in a manner that

ensures that it extends to at least one (1) metre above the highest floor

level within the site when measured in the vertical plane.

Where demolition activity is to be carried out, the hoarding shall

be erected upfront to the full height of the building or as appropriate to

the competent authority to ensure public safety and the least

inconvenience to the neighbours. Hoarded structures should also be

provided with an adequate amount of interlocking waste chutes to

deliver waste material from any level within the structure to the closest

destination of the waste receptacles without causing any

inconvenience or hazard to any person or third party property.

Moreover, chutes shall be

(a)

closed where they are inclined more than forty-

five (45) degrees with the horizontal angle; and

(b)

be kept closed or covered when not in use.

3. Hoardings shall be constructed from timber or metal

frame and shall be covered with suitable mesh or material that

precludes any visual impact of the works ongoing within the site.

Moreover

(a)

all hoardings shall form a barrier against the

egress of dust and debris from the site to the surrounding

environment;

(b)

hoardings shall be designed to withstand up to

gale wind loads (Force 8 and above) with any anchorage as

necessary to prevent overturning and ensure stability. In

addition hoardings adjoining excavations shall be designed to

withstand any external impacts;

(c)

hoardings and barricades shall be kept in good

condition to fulfil their purpose;

(d)

all works shall be contained within the hoarding;

and

(e)

advertisements on the hoardings may be allowed

subject to advertising laws and regulations.

4. Works extending beyond, or affecting, the perimeter

surrounding the site shall not commence until a covered way has been

provided in accordance with the provisions of item 5 to protect the

public, except where

(a)

the work and ancillary machinery is carried out

within a solid enclosure; and

(b)

the works and their ancillary machinery are at a

distance of two (2) metres or more from a public passage used

by pedestrians.

5. A covered way shall

(a)

have a height of not less than two point two (2.2)

metres;

(b)

have a width of not less than one point two (1.2)

metres or the width of the public passage, whichever is the

lesser, but sufficient to ensure accessibility for pushchairs and

the disabled. Ramps suitable for wheelchair access shall also be

in place, where applicable, to bridge any difference in levels

with a slope not steeper than eight point five percent (8.5%);

(c)

include appropriate signage acceptable to the

Authority or its designated authority and lighting that provides

an equivalent illumination as the prevalent street lighting, both

for the attention of pedestrians and motorists. Such signage and

lighting shall alert and direct motorists around any obstruction

CONSTRUCTION MANAGEMENT SITE

whilst indicating alternative entry and exist routes to

pedestrians, and also providing sufficient lighting to enable

them to navigate through the walkway;

(d)

have non-slip floors and an even surface in line

with national standards;

(e)

be designed and constructed to support safely all

loads that may reasonably be expected to be applied to it, but in

no case less than two point four (2.4) kiloNewton per metre

squared on its roof;

(f)

have a weather-tight roof sloped towards the site,

or if flat, be equipped with a splash board not less than two

hundred (200) millimetres high on the road side;

(g)

be totally enclosed on the site side with an

enclosure having a smooth surface facing the public passage;

(h)

have a finished metal or timber hand rail one (1)

metre high on the road side where the covered way is supported

by posts on the road side to support pedestrians navigating

through;

(i)

be adequately lit between sunset and sunrise with

lighting that provides an equivalent illumination as the

prevalent street lighting; and

(j)

be left free from any material or other objects

which may be an obstacle or hinder the free access of

pedestrians at all times.

6. The client shall erect timber or metal barricades or bricks

or similar material barricades, bound together by cement based mortar

when surrounding an excavated site in such a way to block the

entrance and prevent access to unauthorised persons and that

(a)

the barricades shall be constructed to withstand

any external impact and of a height of not less than two (2)

metres between the site and the public passage or block

completely the open sides of a construction site and this to

safeguard the public and third party moveable or immovable

property;

(b)

the barricades shall have smooth surfaces on the

sides facing the public passage and shall be without openings,

except those required for authorised access;

(c)

access openings through the barricades shall be

kept closed at all times with gates, and closed and locked with

gates when there is no one on site, and shall be maintained in

place until completion of the works to the satisfaction of the

Authority. Such gates shall be designed in such a manner that

prevents public access, especially children;

(d)

all access gates into the site used by machinery

should have warning lights lit up during entry and exit of such

machinery or banksmen to warn motorists or the general public

during passage of machinery.

7. The client shall ensure a safe passage past the site. When

the works necessitate the obstruction of the pedestrian pavement, and

this is approved by the Local Council, a temporary pedestrian

pavement shall be provided which shall not be obstructed at any time

Provided that in the case where a temporary pedestrian

pavement cannot be constructed, the Authority for Transport in Malta

shall provide direction to the client on how to make a safe passage past

the site.

In these regulations, unless the context otherwise

requires

"Act" means the Building and Construction Authority

Act;

"Authority" means the Building and Construction

Authority established by article 5 of the Act and includes any

body or other person acting on its behalf under powers

delegated by the Authority under the Act, and the Minister may,

by order in the Gazette, designate different bodies or persons as

a competent authority for different provisions and different

purposes of the Act or any regulations made thereunder;

"building" means any structure resultant from a works

process;

"client" means the same as the meaning assigned to it in

article 2 of the Act;

"contractor" means the same as the meaning assigned to

it in article 2 of the Act;

"emergency" means an unexpected situation, or a sudden,

unforeseen occurrence which requires immediate action to

protect lives and, or property and, or economic livelihood;

CONSTRUCTION MANAGEMENT SITE

"enforcement notice" means the same as the meaning

assigned under Part VI of the Act;

"footprint" means the space contained within the external

walls of a building at all levels, including internal yards, shafts,

terraces or courtyards totally enclosed or surrounded by the

building, but excluding terraces, back yards, yards and pool

decks not totally enclosed or surrounded by the building;

"hazardous material" means any object or agent

(biological, chemical and, or physical) which has the potential

to cause harm to humans, animals or the environment either by

itself or through interaction with other factors;

"hoarding" means a temporary structure enclosing a

construction site during the works to restrict access and provide

protection to the public;

"immediate vicinity" means the area up to thirty (30)

metres from any site, and includes the footprint of the site in

question, where by way of irregular management of a

construction site the social, historic or environmental

importance of the site or area is reduced;

"Minister" means the Minister responsible for the

construction industry;

"private property" means any land, whether developed or

otherwise, or any other permanent structure whose title is

vested in a private person or entity;

"public property" means any place to which the public

has access to;

"site" means the place where the works shall be executed

and where the equipment and, or materials and, or workers shall

be delivered to;

"site manager" means a person carrying out the duty or

duties provided for in these regulations. Such person shall be

nominated by and responsible on behalf of the client to ensure

the correct implementation of these regulations. The appointed

site manager may be one (1) of the following

(a)

the client himself;

(b)

the project supervisor as provided for in the

Work Place (Minimum Health and Safety Requirements

for Work at Construction Sites) Regulations;

(c)

a perit as defined under the Periti Act; or

(d)

any other competent person;

"street" means any street, whether private or public, and

includes any street, square, court, alley, lane, bridge, footway,

passage or quay;

"tourism zone" means those areas defined by the

competent authority responsible for tourism as tourism zones.

"transgressor" means that person or legal entity which

has been served with an enforcement notice, or any person or

legal entity which violates these regulations or any part thereof;

"works" means the permanent works and the temporary

works, or either of them as appropriate, and include excavation,

demolition, construction, building services works and finishing

works.

(Regulations 6 and 9)

Reducing Pollution

1. The permissible hours for works which generate noise

that may be heard from outside the site boundary shall be as follows

(a)

works shall not commence before seven in the

morning (7:00 am) and shall cease at eight in the evening (8:00

pm);

(b)

it shall not be lawful to make use of

(i)

a mechanical excavator with a hydraulic

hammer; or

(ii)

a pneumatic drill, before half past seven in

the morning (7:30 am) and after four in the afternoon

(4:00 pm) and all day on Sundays and public holidays;

during the period between fifteenth (15 th ) June

(c)

and thirtieth (30 th ) September, demolition works or excavation

shall not be allowed in tourism zones as may from time to time

be established by the competent authority for tourism

Provided that, exemptions from this paragraph

may only be granted by the competent authority for tourism,

unless there are safety concerns, in which case the Authority

shall only allow works to render the site safe;

(d)

no construction works shall be carried out on

Sundays and public holidays;

(e)

in the case of emergencies works may take place

CONSTRUCTION MANAGEMENT SITE

at any other time whilst it shall be mandatory to inform the

Authority during its first hour of subsequent business;

(f)

any exemption from the provisions of paragraphs

(a), (b), (c), (d) and (e) shall require the approval of the

Authority and may require the setting of specific conditions for

such works. Exemptions for works in tourism zones shall also

require the clearance of the competent authority responsible for

tourism;

(g)

when the distance from the nearest habitable

space exceeds one (1) kilometre, works shall not be subject to

any of the aforementioned in this item.

2. No person shall undertake any works without utilizing

the following dust control measures

(a)

to limit any generation of dust, during works there

shall be applied water and, or, chemical dust stabilizers or any

other appropriate technique which control emissions of dust

from the site;

(b)

prior to leaving the site the client shall on a daily

basis remove any works related spillages resulting from the

works from the public passage in front of the site;

(c)

prior to leaving the site, the client shall ensure that

on a daily basis public sidewalks and public areas within ten

(10) metres from either side of the site are swept or vacuumed;

and

(d)

paint chips, sanding residue, grit and dust shall be

prevented from coming into contact with storm-water runoff

and surface water bodies.

3. Without prejudice to any other law, any person who will

be sanding, whether manually or mechanically, shall ensure that dust

emissions are controlled by equipping all mechanical equipment with

dust extraction and recovery systems; in combination with

(a)

for outdoor areas, the whole working area shall be

totally covered with material that blocks the emission of dust or

particulate matter into the surrounding environment;

(b)

for indoor areas, all external apertures shall be

boarded with an impermeable material that forms a barrier

against the escape of dust prior to commencing any sanding

operations.

4. Mechanical fair facing of building stones shall not be

permitted on site.

5. Adequate facilities and measures shall be undertaken to

ensure that the site and its immediate vicinity are kept clean at all

times during works.

These regulations shall apply to any works which are not

exempt under the Sixth Schedule and as may be brought into force by

the Minister in part or in whole and ancillary activities on site.

PART II

General Conditions

(Regulations 6 and 9)

Technical Guidelines and Site Preparation

1. The level of noise emitted from any site shall

(a)

respect the levels as established by the Work Place

(Minimum Health and Safety Requirements for the Protection

of Workers from Risks resulting from exposure to Noise)

Regulations, at any point when measured immediately outside

the site with methodologies established by the said regulations

in respect of weekly noise exposure level and daily noise

exposure level. Any measurement shall follow the prescribed

standards as approved by the competent authority responsible

for issuing such standards. Should a locally approved standard

not be available, an equivalent standard to the satisfaction of

the appropriate competent authority shall apply;

(b)

moreover, to minimise noise and vibration levels,

all equipment shall have functional exhaust or muffler systems;

(c)

unnecessary noise such as leaving noisy idle

machinery operating, shouting, loud radios or excessive revving

of engines shall be avoided.

2. The client shall ensure that the following health and

hygiene provisions are adhered to

(a)

Removal of waste material

The clearing away of waste material shall be carried out

in a routine manner, quickly and effectively, and shall be

(i)

carried out in a manner that does not cause

any damage or works related spillage in public areas or

third party property;

(ii)

carried out using receptacles that are fully

enclosed or using open skips which are securely covered

with canvas or any other material which would not allow

the dispersal of dust particles or the waste being handled

and that does not allow any works related spillage; and

(iii) guided into an enclosed shaft or chute

conforming with item 2 of the Second Schedule.

The client shall ensure that all waste material shall be removed

from the immediate vicinity of every day unless the site manager

provides sufficient reasons to the Authority to justify an extension of

this period;

(b)

Hazardous material

Without prejudice to any provisions in any other laws

regulating hazardous material, where hazardous material is

utilised on site

(i)

all measures shall be taken to properly

store and isolate any hazardous material to prevent any

contamination of the site and surrounding sites, storm

water and the potable water courses particularly when

hazardous wastes is water soluble or may become

airborne;

(ii)

where hazardous material is stored on site

there shall be erected on the street boundary of the site,

adjacent to the notice board or billboard provided for in

the First Schedule, an A4 sized caution sign indicating

the presence of hazardous waste on site;

(c)

Point source pollution from storm water

In order to ensure that the construction site does not

become a source of pollution due to the surface run off it

generates during works, the following minimum prevention

measures shall be undertaken to mitigate against circumstances

such as the

(i)

contamination of road surfaces with

particulate matter that is washed out from within the site;

(ii)

clogging of any public or private storm

water drains with any material washed out from within

the site;

(iii) wash out of hazardous waste and non-

hazardous material to the marine environment;

(iv) wash out

of

hazardous

waste

onto

permeable land; and

(v)

any other form of pollution caused from

the storm water run off generated from the site.

Clients shall therefore be obliged to ensure that the site is

equipped with the necessary collection sumps and pumps that enable

any water discharged within the site to be collected and pumped there,

avoiding all works related spillage of such waste water onto public or

private areas.

3. *

(a)

Any deconstruction or excavation works on a site

shall be carried out in line with sections five (5), seven (7) and eight

(8) of the national standard SM 810:2022 titled ‘Recycling-oriented

Deconstruction, Controlled Excavation Works and Classification of

Waste’ as reproduced on the website of the Authority.

(b)

Any apertures utilised in a residential building shall by

design follow the standardisation of dimensions of internal and

external apertures as specified in the Technical Document titled

‘Standardisation of Apertures for Residential Buildings in Malta’ as

published on the website of the Authority.

For the purpose of enabling adherence to these

regulations, water meters may be provided temporarily, by a licensed

operator of a public water distribution network, only to sites where

works on that site are permitted in terms of the Act.

PART III

Other Conditions

(Regulation 10)

For the purposes of Regulation 10, the bank guarantee shall be

computed as follows

For works consisting of

Length of frontage in

the addition of one (1) or more meters multiplied by forty-six

floors covering more than fifty Euro and fifty-nine cents

percent (50%) of the building (€46.59).

footprint

on

existing

developments

For

works

involving

Length of frontage in

demolition and, or excavation metres plus twenty (20) meters

works and additional floors

multiplied by forty-six Euro and

fifty-nine cents (€46.59).

At the start of each calendar year, the value of forty-six Euro

and fifty-nine cents (€46.59) in this Schedule shall be revised by

multiplying by a factor equivalent to Rate Property Index for

December of the preceding year divided by the Rate Property Index for

December 2007.

Without prejudice to specific requirements set out in any

other legislation, any client carrying out or commissioning works shall

ensure that the work is carried out in a manner that causes the least

nuisance by ensuring that the provisions provided for in the First,

Second, Third and Fourth Schedules are adhered to.

(Regulation 4)

Type A

All construction work for buildings that

shall refer to

equals or exceeds the following criteria

a.

a building which is or will be

more than one thousand square

metres (1,000 sqm); or

*Vide Legal Notice 374 of 2022.

CONSTRUCTION MANAGEMENT SITE

b.

a height of twelve (12) metres

excluding the penthouse and the

basement or more measured from

the lowest point of the street level

bordering the construction works;

or

c.

sites having excavations more

than six (6) metres below street

level.

Type B

All other works.

shall refer to

Type C

All other works which fall outside Types A

shall refer to

and B.

Exemptions

All works

a.

that involve the trenching of

ducts not exceeding three (3)

metres in depth and which are

used for the installation of

infrastructure related to the

provision of potable water,

sewerage services, storm water

discharges, electrical energy and

telecommunications

Provided that such trenching

works may only be carried out in

tourism zones as defined by the

Ministry responsible for tourism

during the period fifteenth (15 th )

June to the thirtieth (30 th )

September,

following

the

approval

by

the

Ministry

responsible for tourism following

consultation with representatives

of tourism establishments in the

affected area; and

b.

falling under any other categories

that may be from time to time

established by the Minister under

this Schedule are exempted from

these regulations.

CONSTRUCTION MANAGEMENT SITE

All streets or other public property, within a distance of

ten (10) metres from the site, that are damaged by operations relating

to works shall be repaired or replaced by the client and brought to a

condition that is at least as good as they were found in prior to the

works carried out, and they shall also be restored to their original

condition with similar materials and in accordance with any other

regulations. Such limit shall not preclude any other obligation on the

client to make good for any other damages that extend beyond the ten

(10) meter distance and which are proven to be a direct consequence of

that works activity. Any obstruction shall be removed when the need

for such obstruction, which shall include any temporary signage put up

during works, shall no longer be required.

(Regulation 8)

Change of client or site manager

Development Application number

PA

(where applicable)

Description of works

Address of site

Original Client

I ........................................... declare that as from today onwards that I am no longer the client

of the site indicated above and exonerate my self from any responsibility regarding the

management of this site, and according to the Construction Site Management Regulations.

Signature ................................................

Date ....................................

ID No. ....................................................

Site Manager

For the purpose of regulation 9(1) I am appointing ............................................... as Site

Manager

Signature of original Client ....................

Date .......................................

Signature of Site Manager ......................

Date .......................................

New Client

I the undersigned, declare that as from today onwards I am the new client of the construction

site and am assuming the responsibilities as asked of me by the Construction Site Management

Regulations.

Signature of new Client: ........................

Date .......................................

ID No. ..................................

PLEASE READ THE FOLLOWING CLAUSE BEFORE

SIGNING

Data Protection clause

In terms of the Data Protection Act (Cap. 586), we will process

any personal and, or sensitive data supplied on or in this application,

request or notification form or subsequently supplied by yourself,

whether orally or in writing, for all or any of the following

1. the proper processing of your application, request

and, or notice as submitted;

2. preventing, detecting and, or prosecuting fraud

and any other criminal activity which the Authority is bound to

report and, or act upon whilst meeting any other specific legal

or regulatory obligations;

3. establishing, exercising or defending any legal

action;

4. internal management, research, statistics and

systems administration, the development and improvement of

our services;

5. the protection and promotion of our legitimate

interests and the proper conduct of our obligations arising under

any law or statutory instrument; and

6. to make the necessary information as specified in

the relevant law and, or other rules accessible to the public.

Relevant data may be disclosed or shared as appropriate with all

our employees and with other third parties if pertinent to any of the

purposes listed above.

Every field on the form is mandatory. If you fail to fill in any

mandatory field, we reserve the right to refuse the application. If any

field be inapplicable to your particular circumstances please mark that

field with the letters "N/A".

You have the right to be provided with access to your personal

data as well as the right to rectify, or, in appropriate circumstances,

erase any inaccurate, incomplete or immaterial personal data which is

being processed. However, you are required to inform us immediately

of any alterations relating to your personal data which we are

processing.

By signing this form, you are giving your explicit consent, in

terms of the Data Protection Act, on behalf of yourself and all the

other persons specified in this form for the Authority to process your

respective personal information as outlined above and you confirm

that you have brought this Data Protection notice to the attention of

these other persons and obtained their respective consents.

We undertake to implement those appropriate measures and

safeguards for the purpose of protecting the confidentiality, integrity

and availability of all data processed.

(1)

The client shall have the obligation to appoint a

site manager who shall be responsible, on his behalf, to ensure that the

site and the works are in conformity with all the provisions of these

regulations.

(2)

Prior to the commencement of any works, the client shall

submit to the Authority

(a)

the name of the site manager;

(b)

the site manager’s legally valid identification

document number; and

(c)

a declaration of acceptance duly signed by the site

manager that he has undertaken to accept this role and that he

has read and understood the provisions of these regulations.

(3)

For the purposes of these regulations, the site manager

shall not be entitled to assume any of the responsibilities associated

with the profession of a Perit as defined in the Periti Act, unless the

appointed site manager is a Perit.

(4)

The Minister may, from time to time, make specific

regulations to create a Register of Site Managers, to stipulate their

qualifications, Code of Conduct and programme of continuous

development.

(5)

In the absence of a nomination for the appointment of a

site manager, the client shall ipso facto be deemed to be the site

manager for the purpose of these regulations.

(6)

Where the client has changed because the site was sold,

or for any other reason, when works are still to be carried out or are

being carried out the current client shall have the duty to inform the

Authority by completing the form provided for in the Seventh

Schedule, and to submit the form to the Authority on its relevant

website. The same form should be duly signed by the new client as a

declaration of acceptance of his responsibilities as the new client in

terms of these regulations. Until such form is received by the

Authority, the current client shall be held responsible for any

contravention to these regulations.

(7)

Where, during the period of works, the site manager

changes for any reason, he shall be obliged to inform the Authority in

writing. Until such notice is received by the Authority, he shall still be

presumed to be the appointed site manager for the site.

(8)

The site manager shall be responsible, on behalf of the

client, for ensuring that any permits, certifications, authorisations or

any such approvals required for any part of the works as required by

the provisions of these regulations shall be in place and that any

temporary structures used to implement the provisions of these

regulations shall be duly certified for their soundness.

PART IV

Enforcement

(item 2 of the First Schedule)

Band Saw

CONSTRUCTION MANAGEMENT SITE

Substituted by: 

(1)

The Authority may issue and serve an

enforcement notice where there is an infringement of the provisions of

the First and, or the Second and, or the Third and, or the Fourth

Schedules, and an administrative penalty in accordance with the

Ninth Schedule without prejudice to any other administrative penalty

or amount due to the Authority in accordance with the Act.

(2)

The Authority shall impose a daily administrative

penalty in accordance with the Ninth Schedule from the first day

after the period stipulated in the enforcement notice within which the

transgressor was ordered to remedy the situation until the day the

situation is effectively remedied.

(3)

All administrative penalties imposed in terms of this

regulation shall in all cases be due to the Authority as a civil debt and

that where the transgressor is a director, secretary or manager of a

body corporate for the economic benefit of whom the breach was

committed, such body corporate shall be liable in solidum for said

civil debt.

(4)

Without prejudice to the Act or to any other law, any

person who by any means whatsoever, hinders or obstructs any

officer of the competent authority from the exercise of his powers

and functions under these regulations, or fails to comply with any

order given by an officer of the competent authority, or refuses to

assist him in the carrying out of his duties or furnishes such officer

with false information shall be guilty of a breach of these regulations

and shall on conviction be liable to an administrative penalty of not

less than one hundred fifty euro (€150) and not more than three

hundred euro (€300)

Provided that the administrative penalty shall not be

less than five hundred euro (€500) and not more than two thousand

euro (€2,000), where the breach was committed in

(a)

the immediate vicinity of a scheduled building as

declared so by the competent authority, public monument,

museum, place of worship, hospital or school;

(b)

the immediate vicinity of a World Heritage Site

declared by UNESCO or an urban conservation area declared

by the competent authority;

(c)

the immediate vicinity of a Natural Reserve,

Heritage Park, National Park, public garden, or playing field;

(d)

the immediate vicinity of a public beach or

promenade; or

(e)

in the vicinity of any other site, area, place or

open space which the Minister may establish from time to time

(5)

Any actions taken by the Authority under these

regulations shall be without prejudice to any criminal or civil action or

to any enforcement action that the Authority may deem fit in the

circumstances.

(Part IV - Enforcement)

L.N. 142 of 2023.

Breaches

Minimum

Maximum

Continued

Administrative

Administrative

Breaches

Penalty (€)

Penalty (€)

(€ per day)

Missing Notice Board or

missing or incomplete information

Cutting of stones and

bricks not as authorised

Transport, deposit and

storing of screed sand not as

authorised

Obstruction of pavements

and easy flow of traffic in the

vicinity of the site

Lack

of

enforcement

officers and, or appropriate traffic

management or warning signs

Cleanliness of the site and

environment

Health hygiene

10,000

Inadequate hoarding

Lack of enclosures or

machinery too close to public

passage

Improperly covered ways

Improper

setup

of

barricades

Unauthorised demolition

and excavation between the

fifteenth (15) June and thirtieth

(30) September

Unauthorised works on

Sundays and Public Holidays and

works outside permissible hours

Use of a mechanical

excavator and, or pneumatic drill

outside the permissible hours

Improper dust control

measures

Mechanical fair facing of

stone on site

Excessive

and,

or

unnecessary noise

CONSTRUCTION MANAGEMENT SITE

No safe passage past the

site

Any other violation of

obligations in accordance with the

First, Second, Third or Fourth

Schedule not listed in this

Schedule

(1)

For the purpose of ensuring that the street is

properly restored, the client shall deposit at the Authority, prior to the

issue of the commencement notice, a bank guarantee in favour of the

Authority, the amount of which shall be determined according to the

provisions of the Fifth Schedule

Provided that the minimum amount for the bank

guarantee shall be that of two hundred and fifty euro (€250)

Provided further that where the client fails to carry out or

complete the restoration works within such period as the Authority

may deem suitable in consideration of the level of finishing being

opted for by the client, such works may be completed by the Authority

or Government, or an appointed agent that has been duly authorised by

the Authority. Upon order of the Authority the cost of such works, as

certified by the aggrieved entity’s perit, shall be met in part or whole

from the bank guarantee.

(2)

The release of the bank guarantee shall be affected within

three (3) months from the data of notification of completion by the

client’s Perit provided there are no claims for the repairs of the street.

No clearance for any works or part thereof shall be issued

by the Authority if any balance due from any administrative penalties

are still due to the Authority by reason of breach against these

regulations. The Authority may not authorise the transfer of client or

site manager as provided for in regulations 8(6) and (7) where there is

an outstanding balance due to it with regards to the site.