An expression of sheer disappointment

Last month, the Civil Court in Victoria, Gozo, arrived at a decision which could be regarded as a curiosity, to say the least.

I am writing this to express my feeling of sheer disappointment. I am one of eight owners of vacation flats near Nadur Heights that have suffered damage and are all affected by the court's final verdict. This should also alert others - foreigners and Maltese citizens - who may have purchased property on the island and faced similar unforeseen disasters. Exchange of experience will be welcome.

In 1997, a mere ten years after having purchased a flat in one of two apartment buildings constructed on Kenuna Tower Road in Nadur, severe cracks began to appear in the walls at the rear of the two adjacent buildings.

These cracks have continued to get worse every year. The developers were notified without delay and, since they made no effort to remedy the situation, the owners turned to the courts for justice.

A year later, the builders complied with the suggested repair works and rebuilt the rear wall. This might have been the end of a disagreeable affair had the cracks not begun to reappear after only a few months and have widened since.

It had soon become clear of course that the damage to the buildings is the result of sinking terrain because of the absence of a proper foundation. The architect and civil engineer had the full responsibility to ascertain that a solid foundation was put in place to support a three-storey building.

Now, after years of delays in proceedings, the court ruled the damage to be due to an "act of God", thereby relieving the developers of all responsibility. In the last seven years the flats have become damaged to the point that they can be used only a great risk.

The sudden collapse of the entire back wall of any of the buildings may well occur in the near future. For my family and myself the flat can no longer be used. It is impossible for us to understand how the court's verdict could be based on unforeseen natural causes like earthquakes or thunderstorms instead of an obvious misjudgment by the developers.

It would appear that Maltese as well as foreigners who, in good faith, have purchased a vacation place in Gozo, should be able to count on their property to remain in livable condition for longer than scarcely ten years.

As an owner of a useless apartment I am indeed sad and deeply disappointed. For about ten years, the flat was a welcome vacation home for my wife and myself, and our two daughters with their families and friends.

We had all become fond of the small island of Gozo and its inhabitants. According to the court's decision, the defendants will need to make neither repairs nor restitution and it seems that our dream of owning a vacation home in Gozo has turned into a nightmare.

Mr Gysin, who lives at Roggenstrasse 1, CH-4125 Riehen, Switzerland, can be contacted at cocoface@datacomm.ch