Cap. 513 Art. 9Advertisement of proposal for case relaxation or dispensation of building regulations.

(1) The Board shall, within thirty days of receiving an application in accordance with article 8, in respect of any particular case, make available a notice on the website of the Building

Regulation Office, and publish such notice in at least two newspapers, one of which shall be in the Maltese language -

(a) indicating the site and nature of the work and the requirement to be dispensed with or relaxed; and

(b) stating that representations with regard to the effect that the direction may have on public health or safety may be submitted by such date that shall be specified in the notice, which period shall not be less than twenty-one days from the date of the notice; and

(c) indicating the date of hearing of the case subject of the application before the Board, and that for such hearing there can attend both the applicant as well as any other person who has submitted a representation mentioned in this paragraph and who has a direct interest in the outcome of the application, and the Board may, as a condition for considering the application, require the applicant to pay or undertake to pay the cost of publication.

(2) No notice shall be required to be published under sub-article (1) where it appears to the Board that any effect that the direction may have on public health or safety will be limited to the site of the work or to premises adjoining the site of the work, but in the latter case the Board shall give such notice to the owners and occupiers of those premises as it may consider adequate for them to make any necessary representations.

(3) The notice referred to in sub-articles (1) or (2) is required even where the work involves only an internal part of the building.

(4) (a) Before giving the direction, the Board shall give due consideration to any application made in accordance with article 8, any representations in writing made under sub-article (1), as well as any other proof brought forward during the hearing of the case.

(b) The Board shall have the power to determine who has a direct interest in the outcome of the application, and to summon witnesses and to administer the oath to any person appearing before it.

(c) The Board may appoint experts and may require any department or agency of Government to provide it with such information as the Board may deem necessary for the proper execution of its functions.

(d) During the hearing of the case subject of the application, both the applicant as well as any other person who has submitted a representation mentioned in this paragraph and who has a direct interest in the application, shall be assisted by a lawyer and, or a as the applicant may deem fit. perit