Publication of a Legal Notice on the Construction Management Site Regulations and the Standardisation of Dimensions of Internal and External Apertures

The Construction Management Site Regulations were published in the Government Gazette of Friday 16th December, 2022. This Legal Notice among other things assigns to the Building and Construction Authority, BCA, the responsibility regarding the management of construction sites. It introduces new regulations regarding the protection of third parties with regard to projects that are being made, and initiates a new standard regarding the dimensions of apertures of new residential dwellings.

One primary objective of the Legal Notice is to limit environmental degredation through appropriate construction management practices that cause the least nuisance to neighbours. The regulation stipulates among others that when damage is caused to third parties within a distance of 10 metres from the construction site, works shall be repaired or replaced by the client and brought to a condition that is at least as good as they were found in prior to the works carried out. This should not preclude any other obligation on the client to make good for any other damages that extend beyond the 10 meter distance and should also be repaired. The regulations also intend to protect the property belonging to the Government and Local Councils.

The regulations also emphasize that while projects are underway in construction sites, screed sand and other loose building materials such as cement, small pieces of material and shingles shell be transported, deposited and stored on site in rigid containers with suitable covers or flexible sturdy containers that may be appropriately sealed. The material shall support the weight being contained, to permit the total enclosure of such materials at all times and shall be kept sealed when not in use. Through this regulation it will be ensured that neighbours do not have to suffer from dust and other inconveniences while the works are in progress.

The published regulations are introducing a new standard on the dimensions of apertures. The latter applies to the new residential dwellings that will be built in the Maltese Islands. A public consultation on the standardisation of dimension of internal and external apertures of residential dwellings was carried out by the BCA last November. The document on this standard can now be viewed on the website of the Building and Construction Authority https://bca.org.mt/guidance-documents/. This contains technical information and guidelines related to the adoption of the mentioned standards. The Technical Document shall apply either when a new building is being designed or when an existing building is being altered and apertures are to be added or be rebuilt.

The Legal notice also includes another standard issued by the Malta Competition and Consumer Affairs Authority (MCCAA). This establishes regulations on deconstruction or excavation works in construction sites and how construction waste emanating from such works should be treated.

The full copy of the legal notice can be downloaded from this site:  https://legislation.mt/eli/ln/2022/340/mlt