Residents neighbouring building sites to vet method statements
People living next door to a development should be better protected under the new regulations. Photo: Matthew Mirabelli
Once up and running, the Buildings Regulations Office will not be vetting "method statements" submitted by contractors carrying out work in urban areas.
The office, which will be set up through a Building Regulations Act expected to be presented to Parliament in October, will only be reviewing a sample of the statements outlining the method of work.
Instead, it will be up to residents neighbouring the building sites to review these statements and object if they believe the way work is carried out does not provide enough safeguards for their property.
In most cases, this will mean the owners of properties adjacent to the development will have to pay an architect to review these method statements.
When this was pointed out during a press briefing called yesterday to explain the building regulations, Resources Minister George Pullicino said one could choose to appoint an architect or not. "That's life," he said.
Architect John Ebejer said reviewing each and every permit would pose a problem of resources and might bog down developments.
The method statement will include a report on the condition of adjoining properties since developers would be liable for any damage to third-party property under the regulations.
Property owners will have up to 30 days to contest the report. This is another situation where those who have no architectural knowledge will have to appoint an expert.
The office is bound to investigate any complaints and can request the developer to submit a revised method. It can even halt works if the method statement is breached.
"The aim is to improve work practices, reduce damage and people's concerns," Mr Pullicino said.
The regulations will legally oblige developers to take out an insurance policy and deposit a bank guarantee of up to €40,000 to make good for any damage not covered by insurance, such as fissures or dislodged tiles in an adjoining property - the major complaints by neighbours.
Mr Pullicino said discussions with the Malta Insurance Association revealed that not everything was covered by insurance, which was why the bank guarantee was necessary.
According to Mr Pullicino, insurance will put more pressure on contractors to do their job properly or risk not finding someone to insure them.
Developers would have to appoint a site manager or be deemed responsible for any damages.
Moreover, mandatory arbitration will be introduced to relieve pressure from the courts and make it easier for injured parties to make claims, although they will still be able to take matters to court.
Under the Cabinet-approved regulations, contractors will have to be registered and classified according to what jobs they are equipped to carry out.
"We need a change of mentality so that contractors only do the work they are classified for," Mr Pullicino said.
He said that in other countries, similar regulations had been self-induced by the sector: "Here we do not have a culture of self-regulation."
"The sector has been left like a jungle and needs to be regulated," he said, although he qualified his comment by saying not everyone was a cowboy.
He said discussions were also expected to start with the Malta Standards Authority and the Malta Transport Authority towards more enforcement when it came to cranes. Other regulations relate to time constraints for the operation of mechanical excavators and measures to reduce vibrations from adjoining buildings.
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Galea. L
Aug 4th 2009, 22:47
Anna Borg
Jekk ma tafx dik hija l-ligi u saret hekk apposta ghaliex il-blat meta thaffer ma tafx x'se ssib u tista' tisvara kollox bhal ma gara f'San Pawl il-Bahar u bnadi ohra. Tinsiex li inti se tkun qed thaffer iktar milli haffer dak ta' hdejk. Jekk ma joghgbokx mur sib x'imkien iehor u oqghod f'sigra int u mhux tikser il-ligi ghax hekk jaqbillek u tipperikola lil dawk ta' hdejk. Dik hija l-ligi u trid tobdiha, joghgbok u ma joghgbokx.
Anna Borg
Aug 4th 2009, 20:42
So if I have to dig on my property I shall loose 30 inches from each side?While my neighbour would have dug as much as he wants because he's old and allready dug?
Jekk trid is sigurta hallas ghaliha.Mela naha ghax green area,naha ax wirt kulturali u naha ghax issir noise pollution.Il haga hi li min qed johrog bdawn l-argumenti qed johrog bihom minn go villa.Min jinkwetah daqshekk dawn l-affarijiet imissu jaqbad u jmur joqghod fuq sigra u jgawdi in natura
john fenech
Aug 4th 2009, 13:38
It will be up to residents neighbouring the building sites to review these statements and object if they believe the way work is carried out does not provide enough safeguards for their property.
"The aim is to improve work practices, reduce damage and people's concerns," Mr Pullicino said.
Architect John Ebejer said reviewing each permit would pose a problem of resources and might bog down developments.
Therefore, the Government expects to improve work practice at the cost of the neighbour who has to bear the expenses to review the Method Statement submitted by the contractor. If all is in order the neighbour, have to pay. On the other hand, if amendments are required, he has to pay again to ensure that everything is in order. If on the other hand, the neighbour cannot afford professional help, then the method could be defective leading to dangerous or bad workmanship!
In addition, according to Mr j.Ebejer this is far better than bogging down the contractor and the land speculator.
Most of the regulations are to avoid danger and pollution, while the noise factor is only applicable between 14:00 & 16:00 @ 65dB (A) but unregulated for the remaining working time.
lgalea
Aug 4th 2009, 13:06
John Azzopardi
The law is an ass and the legislators are its parents.
John Azzopardi
Aug 4th 2009, 12:50
The laws are always there and they keep being enhanced. However, one always has to end up in court to fight for his rights if he is willing to spend money against big developers. The average persons will allows everything to go through because he either knows he cannot win against big brother or is not willing to spend money to win and accept the situation for what it is. The law is an ass.
Charles Micallef
Aug 4th 2009, 12:38
Have we really done our homework on this one, will €40000 suffice to cover incidents like the one in St Paul's Bay where two people lost their lives?
Will €40000 cover the rebuilding of these apartments especially taking into consideration the time lapse that it takes for the Courts to action a particular case?
paul sciberras
Aug 4th 2009, 10:54
So this is another passing the buck to the people.So if you cannot afford to pay yourself for an architect.sorry hard luck.
Galea. L
Aug 4th 2009, 10:46
When is the law that no digging less than 30 inches from a neighbors wall going to be enforced without the neighbors having to get a warrant of prohibitory injunction from the Courts when the law clearly prohibits such digging? Why should it not be made a condition that all laws must be observed and failure to observe them will result in the automatic revocation of the permit without any application being considered for at least five years? How about it Pullicino?
Please choose the reason of your report below: