Issue link: https://maltatoday.uberflip.com/i/1539444
FREE ARCHITECT AND LAWYER SERVICES BY THE BUILDING AND CONSTRUCTION AUTHORITY – ONE YEAR LATER 1,200 people make use of this ser- vice in the first year. A year ago, the Building and Con- struction Authority (BCA) within the Ministry for Justice and Reform of the Construction sector launched a free professional assistance service for those citizens who are affected by construction sites adjacent to them. This service is provided through legal and technical advice from lawyers and architects appointed by the BCA. This service gives a stronger voice to those affected, and is resulting in more peace of mind. The BCA has been working since 2021 to improve the quality of build- ings in Malta and to ensure that all construction processes are carried out in a safe, legal, and professional man- ner. An important part of this work is direct assistance to citizens, especially those who find themselves in difficult situations due to issues related to con- struction projects. What is the process? For a better understanding of how, why, and when this assistance is pro- vided, one must understand the pro- cess that the developer goes through. Following the permit issued by the Planning Authority, the developer should obtain clearance from the BCA. This clearance is granted after sub- mission and approval of various doc- uments such as: • Responsibility form, stating who is responsible for the project. The Authority therefore ascertains that those who will be taking care of the project are approved to carry out the work. • Method statements, which en- sure that the third party is safe- guarded, as they identify risks, and therefore mitigate them. The Authority also requires that every construction work is covered by an in- surance policy covering the property of the third party and the third party itself. In larger projects there will also need to be a bank guarantee linked to them. The bank guarantee shall be withheld if a report of damages is re- ceived. Condition reports of third-par- ty properties that may be affected by the project are very important, as they show the state of the third party's property before the project starts. What is the purpose of the service to the third party? The purpose of the third-party ser- vice is for those third parties affected by a construction project to have the assistance of an architect or a lawyer if necessary. It is important to note that only after clearance is issued, a third party whose property touches the construction site or falls into the excavation area, can request the assis- tance of the architect sent by the BCA to explain to him how the work will be carried out. In case of damages caused by the project covered by clearance, the third party is obliged to inform the developer of such damages, so that he can carry out the necessary repairs. If these two parties do not reach an agreement, then the third party can call on 138 and ask the architect to make a report of these damages, to- gether with an estimate of the repairs so that his property returns to the state it was in, that is, according to the condition report. Following this report and submission to the Authority, the BCA informs the project architect and developer of these damages, and may order that the works cease, depend- ing on what the damages are and how they are affecting the third party. Even if the damage does not require work to be stopped, the bank guarantee is still maintained. In cases where the developer and the third party still do not reach an agree- ment on repairs, the third party may ask for the services of the lawyer. The lawyer then advises on what the third party can do to reach an agreement. Another right of the third party It should be added that at the end of the project, every third party who has undergone a condition report will be required by the developer to sign a declaration that no damage has been caused, and that if repairs have been made to him, the repairs that have been repaired. This declaration will be submitted together with other documents forming part of the Final Completion Certificate. In cases where the third party has not signed because it has suffered damages which have not been repaired, the bank guaran- tee shall not be released. This is if the third party informs the Authority that he has filed a civil case against the de- veloper within three months. How can you use this service? One year after the launch of this ser- vice to help the citizen, the BCA has received around 1,200 requests, of which 81% have been concluded so far. The process to make use of this service is very simple. All you need to do is contact the BCA by calling 138 or sending an email on info.bca@bca. org.mt and book a consultation. B U I L D I N G & CO N ST R U C T I O N AUTHORITY maltatoday | SUNDAY • 14 SEPTEMBER 2025 THIS IS A PAID COLLABORATION