BCA communicates the clearance to both the Perit in charge of the application and the Developer, which document is available to the public on the PA EApps portal (website that Periti use to communicate with the Planning Authority).

Third party refers to any person holding a legal title to or legal use of any contiguous property to the construction site. Therefore, anyone who owns or occupies any property by any legal means that is contiguous to a construction site and in the case of excavation, the properties which fall within the affected zone of excavation is considered as a third party.

Whenever any ‘construction works’ as defined in regulation 3 of S.L. 623.06 will be carried out, the following documents must be submitted to the Building and Construction Authority:

1. Condition reports 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. Contiguous property include property which is located adjacent, overlying or underlying any site on which construction works are going to be carried out, and in the case of excavation, the properties which fall within the affected zone of excavation.
2. Copy of insurance cover of not less than €750,000 up to exterior finished state of project, including the policy schedule and endorsements where the applicable deductibles are clearly stated (excess). The insurance documentation must also include a letter from the insurer confirming that the works are adequately covered by an insurance policy and stating the value of the excess of the relevant insurance policy.
3. The applicable Works Method statements (Demolition, Excavation and/or Building) in accordance with the fourth, fifth and sixth schedule of SL 623.06 using the official BCA templates.
4. Bank guarantee/s (if applicable)
5. Site Management Responsibility Form (Summary)
6. Commencement Notice

And any other documents that might be required by the Authority.

In some cases, and where applicable, the applicant’s representative (project architect) might deem that the works planned will not be affecting third parties, thus some of the documents listed above may not be required. In this case the applicant representative will have to submit a duly filled and signed declaration in terms of either regulation 26 or 4 using the official BCA forms.

Once the applicant’s representative opts to submit any of these two forms, the BCA officials will acknowledge the declaration, review the case and determines whether such waivers are applicable.

No. Currently, there are no fees relating to the submission of documents.

As at present the number of Bank Guarantees required may vary.

1. From the 16th of December 2022, with the coming into force of SL 623.08, a new Bank Guarantee that previously used to be deposited and managed by the Planning Authority is now the responsibility of the BCA. The value of this Bank Guarantee depends on the size of the development and how much public footpath is affected. In this case, the value of the bank guarantee required will be included in the Planning Authority’s development permit.
2. Another Bank Guarantee is the one related directly to affected Third Parties (as per LN 136 of 2019 (as per Regulation 6(3) of SL 623.06). Its value is determined by the highest excess indicated by the insurance policy.
3. A third Bank Guarantee in terms of LN 468 of 2021 (as per Regulation 7(11)(c) of SL 623.06) is also required only in the case where excavation works with third party properties falling within the affected zone of excavation are to take place. The amount of this Bank Guarantee varies and depends on how many “complexes” are going to be affected by the development.

All bank guarantees shall be released by the BCA when the Final Completion Certification is uploaded by the Perit, together with the signed third-party declarations stating that there are no claims for damages or that all damages have been settled in full.

Furthermore, when the third-party declarations are not submitted, the bank guarantee will be released within three months following the Final Completion Certification and the notification sent to third parties being informed that the proposed works are completed by means of a registered letter.

Yes, a condition report is required for all underlying and overlying levels within the building.

The aggrieved party engages a Perit to draw up a damages report which is then uploaded on EApps. At this stage, the bank guarantee submitted by the developer is blocked. If the Authority does not receive notice of any judicial proceedings by aggrieved party within three months of final completion and third-party notification by registered letter, the bank guarantee will be released.

It is the person that has suffered damages, who must pay for the Perit’s fee.

It will be the owner/s of the adjacent complex which falls under the excavation zone and who is contesting the demolition/excavation/construction method statement that must pay his Perit for a maximum fee of €500. The same owner/s is eligible for a reimbursement by the developer.
This benefit applies only when there is excavation involved.
This bank guarantee according to regulation 7 of S.L. 623.06 (LN 468 of 2021) covers the architects’ professional fees when representing third parties whose properties fall within the Affected Excavation Zone.

A claim for re-imbursement of architect’s fees is only possible if
1. the contesting third parties amount to more than 50% of the complex and
2. the same architect is used.

As above, this benefit applies only in the case of construction sites where excavation works will be undertaken. Unfortunately, third-party properties contiguous to a construction site where no excavation works will be carried out or do not fall within the excavation affected area, are not entitled to this benefit and any professional fees incurred to file an objection will have to be shouldered by the third party.

A zone adjacent to a site having excavation works, that is within a distance, from the limits of the excavation, of not more than the equivalent measure for the depth proposed for the excavation.

The affected zone of excavation is the zone adjacent to excavation works, which zone has a horizontal distance equivalent to the proposed depth of the excavation around the boundary of the excavation area.

Prior to granting clearance, all the obligatory documents submitted by the client and his representative are reviewed by BCA. At this stage and only, if necessary, feedback will be provided. It is not possible to specify how long the whole process takes since each application is reviewed on its own merit and response depends on feedback (when required) from the applicant’s representative.

Those properties that are contiguous to the proposed development and those that are affected by the excavation and fall within the excavation affected zone. Third Party have the right to review ONLY the condition report prepared for his/her property (not all the condition reports).

A geological report is required if excavations are going to be deeper than 2 metres from the existing ground level.

One can object to a method statement as soon as this is uploaded on EApps.

The recipient of a condition report shall give notice to the Building and Construction Authority of his disagreement with the condition report within two weeks.

All applications are reviewed on a case-by-case basis by the BCA.

Complex means any property on one or more levels sharing the same footprint on party thereof and having access onto a street and where more than fifty percent (50%) of the total owners elect to commission the same permit to review the condition reports and/or method statements that were prepared by the Perit on behalf of the developer.

As soon as the third party receives a fiscal invoice from the Perit to review the method statement and/or condition report, he/she must claim the expense from the developer and notifies the BCA. The Authority shall, within two weeks from the submission of a final completion report by the project together with authentic copy of the fiscal receipts related to the payment by the developer with respect to such claims, release to the developer the bank guarantee. If no such receipts are submitted, the bank guarantee will be blocked by the Building and Construction Authority until the issue is settled.

There is no specific time set.

One may consider initiating legal proceedings and inform the BCA so that until the matter is resolved the developer’s Bank Guarantee is withheld.

Information that is already within the public domain can be freely accessed. However, anything which is not within the public domain requires the consent of the data subject.

Until the insurance is renewed, works are to stop immediately as they go against the BCA Clearance Terms and Conditions.