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30.07.2020 8 COMMERCIAL THE Avoidance of Damage to ird Party Property Regulations came into force on the 25th of June 2019, with the aim of ensuring that adequate measures are in place prior to the com- mencement of any demolition, exca- vation or construction works. ey also apply to works that started prior to their introduction but continued thereafter. e BCA is responsible for imple- menting technically sound method- ologies. ese are to be prepared by a warranted Perit, in collaboration with the site technical officer and the con- tractor; the individuals responsible for abiding by the regulations. e Agency is concerned with minimising the risk of damages to third party property or injuries to persons as a result of the proposed works. e provisions of these regulations have no bearing on the responsibili- ties related to the design of buildings and construction activity emanating from other legislative instruments. However, they are applicable to vari- ous construction works including, but not limited to, any excavation and its surrounding zone, which may include third-party property. ey are also ap- plicable to the demolition or removal of any existing structure abutting any other property belonging to or occu- pied by third-parties. Moreover, these also regulate the building of addition- al storeys or load-bearing walls and structures over any third-party proper- ty. e construction of new buildings or additional storeys adjacent to exist- ing third party property must also be in line with these regulations. Furthermore, the BCA enforces leg- islation relating to the responsibilities of the developer and site technician involved in the construction works. To begin with, a contractor must nomi- nate a site technical officer, which is to be accepted by the Perit overseeing the project. He or she would be respon- sible for enforcing the method state- ment, covering the works which the contractor is responsible for. e site technical officer should also be present on site whenever decisions are being taken that influence the risk of dam- age to third-party property. In the case where developers change while works are ongoing, the new developer must also abide by the stated regulations. In addition, the developer is responsi- ble for ensuring that demolition, exca- vation and construction works which fall under the provisions of these regu- lations are appropriately and adequate- ly insured. is should cover any single occurrence or recurrence of damages sustained by third-party property, dis- ability to persons, or death as a result of the construction works or activity being undertaken by the developer and the contractors working on the site. Such insurance must cover a mini- mum of €750,000 and shall continue to be renewed until all demolition, exca- vation or construction work is certified as complete by the Perit in charge of the project. One must note that it is the duty of the developer to carry out an appropriate and adequate assessment of the risks involved and if the stated minimum value is not considered suf- ficient to cover the risks involved, the developer shall ensure that such cov- erage is duly increased. e BCA re- quires the developer to submit to the Director a copy of the insurance cover, in accordance with sub-regulation (1), together with a letter from the insurer. is is to include a confirmation that the works are adequately covered by the insurance policy; and the value of the excess of the relevant insurance policy. e copy of the insurance and the statement from the insurer regard- ing the insurance cover and the amount of the excess shall be submitted to the Director with the method statement. Additionally, the developer shall sub- mit a bank guarantee to the Director, covering all construction activities, other than those listed in regulation 26. e value of this guarantee shall be of €3,000 for each storey of developed third-party property which is contigu- ous to a development site, for the first five properties. A further €1,000 must also be guaranteed for each additional contiguous property, up to a maximum of €40,000. Moreover, the BCA is tasked with verifying that the method statement and condition report are to contain all the requirements stipulated by the legislation; including whether the con- struction works will consist of demoli- tion, excavation or building. It is also vital that all necessary details are found in the condition reports of neighbour- ing properties. Finally, one must note that all documents concerned with damage to third party regulations are to be uploaded electronically to the EApps website by the Perit in charge of the project. e scope of these regulations is to sustain development that does not cause harm or bother to others, in or- der to maintain a high quality of life for the general public. For more informa- tion about such regulations, kindly vis- it www.bca.com.mt Avoidance of damage to third party property regulations

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