Call for new laws to protect building site neighbours

The environment lobby group Flimkien Ghal Ambjent Ahjar (FAA) has expressed concern at what it says are recurring incidents at construction sites.

It also lamented the complete absence of a framework through which citizens can seek legal redress within an acceptable timeframe when things go wrong.

FAA said there had been a number of incidents involving the collapse of property standing next to a construction site. The most recent occurred in Fgura last month when an entire driveway caved in.

In another incident in St Paul's Bay in 2004, two women died after parts of the block of flats they were in collapsed as excavation works were in progress on a neighbouring plot.

Four years earlier, an elderly woman lost her life in similar circumstances when parts of her house in Cathedral Street, Sliema, collapsed.

And, more recently, last January, two families had to be evacuated from their homes in Xemxija when illegal excavations destabilised the residences.

FAA said construction regulations were said to be in the pipeline last July but had as yet not been made available for public consultation. If and when the green light was obtained, there was also the question of whether regulations would be translated into effective enforcement.

The group insisted it is unacceptable for the authorities to shirk responsibility regarding the safety of citizens and ignore pressure to come up with a practical solution and end this dire state of affairs.

"A number of citizens have died and countless others are suffering sleepless nights until neighbouring construction sites are finished. Not to mention having to live in conditions of dirt, dust and unbearable noise for years on end."

FAA asked why Mepa always disclaimed any responsibility for construction safety, saying it was unacceptable for the environment and planning watchdog to refer complainants to court where cases took years to be resolved and involved high costs.

It said Mepa's stand actually serves to encourage some builders to ride roughshod over building site neighbours, knowing fully well that few will resort to facing years in court to defend their rights.

FAA invited the authorities and Parliament to review regulations contained in the Code of Police Laws and in the Civil Code so as to better protect residents of properties neighbouring construction sites.

It said updating the law was necessary because construction techniques and materials as well as building heights had changed drastically over the years and yet this was not to date reflected in law.

A memo that proposed a mechanism to regulate demolition and excavation works was discussed by Cabinet last month.

The thrust of the proposal is to bind architects to draw up a method statement laying down the working methods before construction is undertaken.