The ‘Community Wellbeing First’ initiative has come into effect following a public consultation process over the past months and the subsequent publication of Legal Notice 468/21.
This initiative is part of an ongoing extensive reform of the building and construction sector to provide peace of mind to residents while continuing to strengthen the industry. Through this initiative, the Government will continue to safeguard the rights of those affected by demolition, excavation or construction works by legislating the compensation provided to third Parties when engaging a Perit of their choice to review any condition report or method statement drawn up by the developer’s Perit.
Wherever 50% or more of the total number of owners of any one complex which falls within an excavation affected zone are in disagreement with the condition reports or method statements prepared by the Perit on behalf of the developer, they may elect one Perit of their choice to review the said condition reports or method statements and make a claim for disbursement. The amount claimed for disbursement shall not exceed €500 excl. VAT for any one complex. In this regard, the developer shall submit a bank guarantee to the Authority equivalent to €500 excl. VAT for each complex situated within the affected zone with the Building and Construction Authority to make good for any claims made in terms of the proposed legislation wherein committed agreements are not honoured.
To ensure that there will be no abuse in the safeguarding of Third Party Rights, no works are to be commenced on any site unless clearance is granted by the Building and Construction Authority, which clearance would be construed to mean that any disbursements that had to take place would have been honoured by the Developer to the Third Party so that the latter would have his/her rights honoured in terms of the proposed legislation.