S.L. 623.6 · Avoidance Of Damage To Third Party (S.L. 623.6)
S.L. 623.6 Art. 3Interpretation.
In these regulations, unless the context otherwise requires:
"the Act" means Building Regulation Act;
"Building and Construction Authority" means the same as the definition provided in the Building and Construction Authority Act;
"building work" means construction work excluding excavation work and demolition work but includes structural alterations;
"construction work" means that it includes all construction works carried out on the structure of the fabric of a building or on a civil engineering structure, including alterations on existing buildings, demolition or excavation activities taking place on a development site, streets, open spaces and shall also include tunnelling works;
"contiguous property" means immediately adjacent to third party property, including any building sharing a dividing party wall with the site, whether on the side or back of the site, or overlying or underlying third party property, excluding those listed in the First Schedule;
"contractor" means the person engaged by the developer in order to execute the works; THIRD PARTY PROPERTY
"demolition" means the pulling down or removal of structural elements which form part of the building;
"developer" means the person in whose name the application had been submitted for a development permit, in accordance with the provisions of the Development Planning
Act or in accordance with the provisions of the regulations made thereunder;
"Director" means the Director responsible for the Building and Construction Authority or any public officer duly delegated by the Director to act on his behalf;
"enforcement notice" means the same as the definition assigned to it in article 14 of the Act;
"excavation" means the cutting or removal of rock, clay and any other natural or human placed material, that forms part of the land, or the removal of any consolidated material;
"excavation affected zones" means, a zone surrounded by excavation, that reaches a distance of not more than the equivalent measure for the height proposed for the excavation, far from the limits of the excavation;
"method statement" means a report prepared by a perit and shall have the meaning assigned to it in these regulations;
"Minister" means the Minister responsible for the building industry;
"particulars of a person" means that it includes the name and surname, Identity Card number, address and a twenty-four
(24) hour contact number as well as the email address of a person;
"perit in charge of the project" means the perit that is going to assume responsibility for the execution of the project approved in the development permit;
"Planning Authority" means the Authority as established under the Development Planning Act;
"pneumatic drill" means equipment driven by compressed air or other means, used for drilling or breaking of hard materials such as rock or concrete;
"site technical officer" means a person carrying out the duty or duties derived from the provisions of these regulations. Such person shall be:
(a) nominated by the contractor and shall be accepted by the in charge of the project; perit
(b) competent as provided in the Third Schedule;
(c) responsible for the enforcement of the method statement covering the works which the contractor who nominates him is responsible for.
(d) present on site whenever decisions are being taken that influence the risk of damage to third party property or injury to persons that may be caused by the works;
"sub-contractor" means the person engaged by the contractor in order to execute the works. Such a person has no juridical relationship with the developer. The sub-contractor is subject to the same obligations that are impinged on the contractor in these regulations with the exception that the nomination of the site technical officer shall remain the responsibility of the contractor;"third party" means a person having a legal title over property or making use of the property by other lawful means, contiguous to a construction site, excluding those properties listed in the First Schedule.
Änderungsgeschichte
- Amended by L.N. 180 of 2019