Malta Independent

New rules for constructi­on of freestandi­ng buildings are being introduced, minister says

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New rules for the constructi­on of freestandi­ng buildings are being introduced, the minister in charge of constructi­on sector reforms, Jonathan Attard, has said.

A number of legislativ­e amendments dealing with various legal notices regarding the Building and Constructi­on Authority Act have been drafted and will be introduced.

This comes after the public inquiry into the death of Jean Paul Sofia had uncovered a number of loopholes for such sites.

“These amendments will continue raising standards and establishi­ng clear responsibi­lity in the interests of third parties and constructi­on site workers,” a government statement read.

Through these amendments, stand-alone sites that do not touch other properties not only need to adhere to certain conditions provided at law when it comes to times, hoarding, excessive dust, noise, cleaning of the area, pavements, roads and site notices, but will also need to have insurance, the government statement read.

This will mean that Clearance/Acceptance Notices will not be issued by the Building and Constructi­on Authority (BCA) unless there is insurance coverage in place and the documentat­ion has been filed with the authority, the statement reads. In cases where the conditions provided at law are breached, the authority would be able to stop works and impose sanctions.

This means that the BCA will have clear oversight over such sites.

“Through the amendments being implemente­d into law, the authority is continuing to assume a bigger role, including when it comes to stand-alone sites,” the government statement read.

The minister said that through this legal change, they are providing peace of mind to people who can be affected, “while at the same time strengthen­ing the obligation for there to be Employers Liability Insurance,” he said, adding that “employers who complain that they are not finding insurance services, assume clear responsibi­lity at law.”

In cases where one has a license, works but does not have insurance that covers employees, the person or company, together with the directors and those who lead the company, will be held civilly liable for any damages third parties or employees suffer, it read. “This will lead to higher standards in the sector and, above all, provide a more effective and efficient remedy for workers and their families in cases of injury or death,” the statement read.

Minister Attard said that there is nothing more important than the lives and health of workers, highlighti­ng that there was the need to change the law so that workers or their family are not left without remedy in cases when a company has no assets following a judicial case establishi­ng damages due to injury or death.

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