The Planning Authority has announced plans for an amendment to the Sanitary Regulations to address situations where the dimensions of a development deviate by not more than 2 centimetres less than the minimum requirements.

It explained that currently there is strict adherence to specific dimensions in accordance with the Development Planning (Health and Sanitary) Regulations to ensure health, safety, and usability standards.

"However, rigid enforcement of these dimensions has occasionally resulted in practical challenges during and after the construction phase," it said.

"This ‘de minimis’ rule of 2cm is also being suggested in view of the fact that in practice the structure normally adheres to the minimum dimensions required by the present legal notice, whilst the finishing (e.g. plastering and so forth) tends to deviate therefrom by about 1cm from each face of the structure," the PA said.

"One also must bear in mind the multiple cases where home buyers purchased a shell form apartment (which adhered to the present legal notice), only to find out that finishing works have rendered that very same apartment in breach of the present legal notice by a matter of millimetres.

"The PA deems that the slight deviation from the minimum dimensions is acceptable and is justifiable especially when considering that the development is already built, and such slight deviation does not undermine the integrity of sanitary laws."

The proposed amendment to the Development Planning (Health and Sanitary) Regulations may be viewed from the PA’s website: www.pa.org.mt/consultation. Submissions may be sent by email to: sanita.amendment@pa.org.mtSubmissions must be sent to the Authority by October 9, 2024.

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