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).

The Third Party/Parties are owner/s of buildings/property 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 law states that Third Party refers to any person holding a legal title to or legal use of any contiguous property to the construction site.

It depends on the development and if this development is deemed as affecting third parties.

Submissions may vary from the submission of all the documentation listed below.

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.
2. Copy of insurance cover of not less than €750,000 including the policy schedule and endorsements where the applicable deductibles are clearly stated (excess)
3. Method statement
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 are not 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 review the application and confirm or otherwise if such waivers are applicable.

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

Unless the construction works involve any of the following, all any other construction works are exempt from the Avoidance of Damages to Third Parties Regulations:

1. Excavation, that in its affected zone includes third-party property; or
2. The demolition or removal of any existing structure, or roof or structure abutting with, or immediately adjacent to, or underlying any property belonging to or occupied by third parties or toothing work with existing buildings; or
3. The building of additional storeys or load-bearing walls or structures or any property belonging to or occupied by third parties; or
4. The construction of new buildings or additional storeys adjacent to existing third-party property.

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

1. From the 16th of December 2022 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.
2. Another Bank Guarantee is the one related directly to affected Third Parties (as per Regulation 6(3) of SL 623.06). Its value is determined by the highest excess indicated by the insurance policy.
3. The third Bank Guarantee is referred to as the Bank Guarantee LN 468/2021 (as per Regulation 7(11)(c) of SL 623.06). This Bank Guarantee is applicable 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.

The last two Bank Guarantees are subject to, if any Third Parties are going to be affected by the development or not.

The responsibility lies with the:
• Developer
• Responsible Perit
• Site Technical Officer (STO)

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.

A bank guarantee is required when there are demolition, excavation and construction works involved.

The amount of the bank guarantee should be equivalent to the highest excess in one’s CAR (Contractor’s All Risk) insurance. Usually, the policy has more than one type of excess, including the maximum type of excess upon which a guarantee to the Director will be issued.

Bank guarantees are released when the Final Completion Report 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.

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. Meanwhile the bank guaranteed is blocked by the Building and Construction Authority until the issue is settled.

This benefit applies only when there is excavation involved.

This bank guarantee according to S.L. 623.06 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 if excavation being part of the works

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.

One can object to a condition report as soon as a copy is received by the affected party.

All applications are reviewed on a case-by-case basis by the BCA and a decision is taken on whether the bank guarantee is waivered or not.

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 submits the invoice to the developer and a copy to the BCA for record purposes.

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.