Frequently Asked Questions
The BCA is responsible for:
- The initiation of the design, implementation and dissemination of policies
- The consolidation and review of laws and regulations.
- The compilation of minimum standards and best practices for the Building industry transposed into a national building code.
This will result in the better management of the building and the construction sector in the Maltese Islands. It shall also carry out all the necessary preparations to set up the Building and Construction Authority.
Current Building and Construction Regulations deal with the constructional details of buildings and set down the minimum standards to safeguard third parties around buildings and construction operations. They also regulate construction related implementation methods, in-building physical infrastructure and energy efficiency of buildings.
- Planning Permission: Gives the right for a person to build, modify or retain any structure on land and sea, or designates a specific use according to National Plans and Policies, which seeks to guide the way our towns, cities and countryside develop. This includes the use of land and buildings, the appearance of buildings, landscaping considerations, highway access and the impact that the development will have on the general environment.
- Building and Construction Regulations: Following the granting of Planning Permission, but, prior to the commencement of works on site, a list of the main individuals responsible for the execution of a project is compiled and submitted to the BCA by the responsible Architect. Additionally, a set of other documents, namely, Condition Report/s of third-party contiguous property, Method Statement, Insurance Policy and Bank Guarantee are also required to be submitted.
The Developer is the individual or entity in whose name the application for a development permit had been submitted. The Developer may also be the individual or entity carrying out the construction works.
The Architect is the individual assuming the responsibility for the execution of the project approved in the development permit.
The Contractor is the individual/entity engaged by the Developer to execute the works.
The Site Technical Officer (STO)
The Site Technical Officer is the individual nominated by the Contractor and is responsible for the implementation of the method statement which is prepared by the Architect. Where breaches by the Contractor occur, the STO shall immediately stop any ongoing works and inform the Architect in charge together with the BCA. When an STO is served with an Enforcement Notice, he/she shall immediately inform the Contractor and the Architect and see that it is complied with.
The Site Manager
The Site Manager is the person responsible for the management of a construction site, ensuring that any permits, certifications, authorisations, or any such approvals required for any portion of the construction works are in place. He is also responsible for the forbidding of access to site and for reducing pollution related to noise and dust emissions.
A worker is an individual working on a construction site for, or under the supervision of, either a Developer or a Contractor.
BCA communicates the clearance to the responsible Architect and Developer; which document is available to the public on the EApps portal.
It is of utmost importance to engage a warranted Architect of your choice.
Yes, it is a requirement that a Condition Report of buildings contiguous to the site is compiled and officially notified to the neighbouring owners. Following this, neighbours may object to both the Condition Report and any Construction Method Statement.
Construction work may be carried out from Monday to Saturday - between 07:00 and 20:00.
During Sundays and Public holidays no construction works are permitted.
The below machinery may only be operated from Monday to Saturday – from 08:00 until 14:00 and from 16:00 until 20:00.
1. Mechanical Excavator with a hydraulic hammer attachment
2. Pneumatic drill
He/she is committing an offence if:
1. There is a continuing contravention of the functional requirements of the Building and Construction Regulations.
2. He/she starts work without seeking BCA clearance.
The BCA may take enforcement action where infringements occur. This may also include penalties and Criminal Prosecutions.
The Third Party/Parties are owner/s of buildings which are contiguous to a construction site and which according to the relevant legislation may be affected by the works to be carried out.
The Regulations are applicable to:
• Excavation works
• Demolition or removal of existing structures
• Building of additional storeys or load-bearing structures and
• Construction of new buildings
The answer is Yes. Documentation can be accessed here. For all types of development, one has to submit a condition report of third-party property, which is contiguous to the development or which according to the relevant legislation may be affected by the works to be carried out.
Other documents, which have to be submitted, are:
• Copy of insurance cover of not less than €750,000 including the value of the relevant excess
• Method statement
• Bank guarantee
Note: The condition report and method statement are reports prepared by an Architect.
No – Currently, there are no fees relating to the submission of documents.
Yes. The following types of construction works are exempt from these regulations:
Public Footpaths and Pavements.
Services underlying public footpaths and pavements, within the immediate vicinity of the frontage of the construction site.
No, each and every commercial bank has its own form for specific use.
The responsibility lies with the:
• Responsible Architect
• Site Technical Officer (STO)
Yes, a condition report is required for all underlying and overlying levels within the building.