Proposals aimed to safeguard properties from damage caused by adjacent excavation and construction works were published by the government on Monday in the wake of the recent spate of building collapses. The most recent collapse was four days ago when the wall of an apartment fell into a building site in Hamrun.

In terms of the proposals issued by the Infrastructure Ministry, architects and site managers will have to adhere to stricter procedures and regulations and in case of any breach, fines may go up to €50,000. 

A five-day public consultation period closes next Friday. Submissions can be made on newbuildingregulations@gov.mt. However, so far, only a power presentation of the proposals has been published and not the full text of the amendments to Legal Notice 72 of 2013.

In a statement the Infrastructure Ministry said that over the past months it had also been working on legislation to establish the Malta Construction and Building Authority. The new authority will have the remit to consolidate all rules and regulations in the building and construction industry.

However, in view of the recent incidents and due to the fact that the process to establish the new authority is “a laborious and intricate one”, the ministry said it felt that the new regulations had to be established with immediate effect.

The main proposals are the following

Excavation studies

· A geotechnical design report specifying the type of rock, its geometry, existence of any fissures, strength characteristics and the structures of nearby buildings must be submitted by the architect before excavation starts.

· The architect who compiles the geotechnical design report shall be responsible for its content and implementation and must certify the foundations. If needed a geological survey must also be carried out.

· It is only once this report is in hand, that a decision can be taken on what machinery may be used to excavate the site.

Responsibilities of architects and site managers

· Every developer will be obliged to appoint a site manager, who shall be responsible to ensure that the method statement issued by the architect of how to excavate and demolish the site, is adhered to.

· Method Statements will be published online two weeks before the start of works, in order for affected residents to ensure that it is being adhered to.

· Condition reports will have to be sent to neighbouring third-party owners two weeks before the start of works

· Only the architect himself or a competent person who has the architect’s full trust will be allowed to be nominated site manager.

· Site managers will have to be physically present on site when decisions affecting the method statement, or third-party properties will be made.

· Site manager will have to sign the method statement, be held liable, and be present when the condition reports are being drawn up during inspections to neighbouring third-party properties.

· Site managers will be obliged to alert the architect and the Buildings Regulation Office in case the method statement is breached.

· Site managers must immediately alert the contractor and architect upon the reception of an enforcement notice and halt all works immediately.

· All details of each and every constructor or sub-contractor must be specified in advance.

· From now onwards only those interventions whereby the architect certifies they will not affect neighbouring third-party properties will be exempt from a method statement and a bank guarantee.

Fines and insurance cover

· Minimum insurance cover will have to increase from €500,000 to €750,000 and must be extended until all construction works are certified as complete.

· Fines for breaching the method statement will increase from €500 to €10,000, while in cases involving breaches of an enforcement notice will rise from €10,000 up to €50,000.