PRESS RELEASE BY THE MINISTRY FOR TRANSPORT, INFRASTRUCTURE AND CAPITAL PROJECTS Public Consultation on Legal Notice 72 of 2013 – Regulations concerning the avoidance of damages to third party property – launched

The Ministry for Transport, Infrastructure and Capital Projects informs the public that it has launched the public consultation on amendments to the current legislation which is seeking to achieve specific important objectives aiming to increase safety on building and construction sites as well as to safeguard third party property rights.

Various changes are included in the new proposed legislation which is open for public consultation.

Specific regulations will be added to the Legal Notice which is already in place. These are intended to ensure that construction and excavation works are conducted in a manner that does not pose danger to both workers on site and also to any third parties involved. The roles and responsibilities of any professionals involved in any works related to construction and excavation should be clarified as much as possible with the proposed amendments. There should also be more clarity with regard to the right of recourse methods and/or fines to be applied if an individual, professional, contractor or anyone else involved in any such works defaults on the said roles and responsibilities. In particular, it is now mandatory to ensure that a site manager who is competent is present on site from the very outset to monitor all key decisions.

Amongst others, prior to any excavation works taking place, the proposals include the need for the architect to prepare a geotechnical design report which, if the need arises, should be supported by a geological survey. This report will be the responsibility of the architect who drafts it. In this report, the architect has to establish beforehand, the rock characteristics, the geometry of the rock and whether it has fissures so as to determine the foundation stability, the strength of the rock itself and the load paths of surrounding buildings. All this has to be noted in the geotechnical design report which every developer is requried to submit through an architect.

The geotechnical design report is of fundamental importance because it is only after such analysis that the architect will be in a position to indicate exactly the type of machinery that could be used and the measures that should be taken during the course of excavation works. This means that the arbitrary use of machinery such as trenchers and chainsaws close to party walls in the absence of a geotechnical design report is being prohibited. The architect who endorses the geotechnical design report must also ensure that the recommendations are taken on board.

The Ministry for Transport, Infrastructure and Capital Projects notes that over the past months it has been also working on another legislation to establish the new Malta Construction and Building Authority, which authority is aiming to consolidate all rules and regulations in the building and construction industry, amongst other objectives. However, the said Ministry is of the opinion that in view of the incidents that have occurred in recent weeks, and also in view that the process to establish the new Authority is a more laborious and intricate one, the need to establish new regulations imminently is needed.

And thus to this effect, the proposed regulations are being published with the principle aim of ensuring more safety on construction and excavation sites. The document can be accessed through www.konsultazzjoni.gov.mt

The public consultation will close on Friday the 21st June 2019.

Source: Government of Malta

PRESS RELEASE BY THE MINISTRY FOR TRANSPORT, INFRASTRUCTURE AND CAPITAL PROJECTS Public Consultation on Legal Notice 72 of 2013 – Regulations concerning the avoidance of damages to third party property – launched

The Ministry for Transport, Infrastructure and Capital Projects informs the public that it has launched the public consultation on amendments to the current legislation which is seeking to achieve specific important objectives aiming to increase safety on building and construction sites as well as to safeguard third party property rights.

Various changes are included in the new proposed legislation which is open for public consultation.

Specific regulations will be added to the Legal Notice which is already in place. These are intended to ensure that construction and excavation works are conducted in a manner that does not pose danger to both workers on site and also to any third parties involved. The roles and responsibilities of any professionals involved in any works related to construction and excavation should be clarified as much as possible with the proposed amendments. There should also be more clarity with regard to the right of recourse methods and/or fines to be applied if an individual, professional, contractor or anyone else involved in any such works defaults on the said roles and responsibilities. In particular, it is now mandatory to ensure that a site manager who is competent is present on site from the very outset to monitor all key decisions.

Amongst others, prior to any excavation works taking place, the proposals include the need for the architect to prepare a geotechnical design report which, if the need arises, should be supported by a geological survey. This report will be the responsibility of the architect who drafts it. In this report, the architect has to establish beforehand, the rock characteristics, the geometry of the rock and whether it has fissures so as to determine the foundation stability, the strength of the rock itself and the load paths of surrounding buildings. All this has to be noted in the geotechnical design report which every developer is requried to submit through an architect.

The geotechnical design report is of fundamental importance because it is only after such analysis that the architect will be in a position to indicate exactly the type of machinery that could be used and the measures that should be taken during the course of excavation works. This means that the arbitrary use of machinery such as trenchers and chainsaws close to party walls in the absence of a geotechnical design report is being prohibited. The architect who endorses the geotechnical design report must also ensure that the recommendations are taken on board.

The Ministry for Transport, Infrastructure and Capital Projects notes that over the past months it has been also working on another legislation to establish the new Malta Construction and Building Authority, which authority is aiming to consolidate all rules and regulations in the building and construction industry, amongst other objectives. However, the said Ministry is of the opinion that in view of the incidents that have occurred in recent weeks, and also in view that the process to establish the new Authority is a more laborious and intricate one, the need to establish new regulations imminently is needed.

And thus to this effect, the proposed regulations are being published with the principle aim of ensuring more safety on construction and excavation sites. The document can be accessed through www.konsultazzjoni.gov.mt

The public consultation will close on Friday the 21st June 2019.

Source: Government of Malta