S.L. 623.6 Art. 7Submission of a method statement and condition report. 

(1) Not later than two (2) weeks before the commencement of any works of excavation, demolition or construction, the perit in charge of the project shall submit the relative method statement in accordance with the Fourth, Fifth and Sixth Schedules and a report on the condition of the property according to the Seventh Schedule that has been issued in the English language only, on the website prescribed by the Director.

(2) Any interested third party may request the Director to review any method statement that is submitted provided the third party submits a detailed report drawn up by a indicating the technical perit reasons which may be of concern to the safety of such third party or his property.

(3) Following a written request by a third party owner or occupant of any property abutting, overlying or underlying any site, on which construction works are to be undertaken, and in the case of excavation, a third party who is the owner or occupant of any property that falls within the affected zone of excavation, the Director may THIRD PARTY PROPERTY

request from the developer the submission of a partial method statement at any stage. Such method statement shall be submitted within three (3) weeks from the date when the developer receives the request. In his request, the Director shall indicate the details that are to be included in the partial method statement.

(4) The developer shall also be required to submit to the Director, the report on the condition of the property which is located opposite, overlying or underlying any site, on which construction works are going to be carried out, and in the case of excavation, the properties which fall within the affected zone of excavation, on a website prescribed by the Director, by not later than two (2) weeks before the works are commenced. A copy of the report must be sent to the owners or the respective occupants of the relative property by means of a registered letter.

(5) If the owner or occupant of such third party property does not agree with the condition report of the property, he shall give notice to the Director within two (2) weeks. If no corrections or no other condition report are submitted to the Director within such time from receipt thereof by the owner or occupant of third party property, it shall be understood that the owner or occupant of such property agrees with the condition report submitted by the developer.

(6) In the eventuality of corrections, or another condition report being submitted by third parties, the Director may, at his discretion, ask the in charge of the project to consult with the perit perit of the owner or occupant of third party property to review the condition report and, should parties reach agreement, resubmit to the Director a new report signed by both (2) periti.

(7) Should the developer and the owner of third party property fail to reach an agreement as described in sub-regulation (6), the Director shall commission an inspection to be carried out by the Building and Construction Authority, to issue a final report. The costs of such an inspection report shall be shared equally by the developer and by the third party owner or occupant.

(8) Where a third party owner or occupant refuses entry to the developer’s or where the in charge of the project is unable to perit, perit obtain access to contiguous property, or where the identity of the owner or, occupant of contiguous property is unknown or cannot be traced, for the purpose of preparing the condition report, such shall make a perit written declaration giving details of his attempts to be allowed access to the neighbour’s property, including the notification or attempts of notification by registered mail, for the purpose of preparing the condition report and include such details in the method statement.

(9) Where the occupant of a property for which a condition report is required is not the owner, the occupant shall:

(a) inform the owner that a responsible for the perit project, acting on behalf of the developer of a contiguous development site, has requested access to the property for purposes of preparing a condition report; and

(b) forward the condition report to the owner upon its receipt from the developer.

(10) The Building and Construction Authority reserves the right to have any information provided verified by independent persons.

(11) (a) Wherever more than fifty percent (50%) of the total number of owners of any one complex which falls within an excavation affected zone as defined in these regulations are in disagreement with the condition reports and, or method statements prepared by the on behalf of the developer in terms of these perit regulations, they may elect to engage one of their choice to perit review the said condition reports and, or method statements that were prepared by the on behalf of the developer and may make a claim perit for disbursement as provided in this sub-regulation.

(b) The amount claimed for disbursement in terms of paragraph (a) shall not exceed five hundred euro (€500) exclusive of VAT for any one complex.

(c) The developer shall deposit a bank guarantee to the Building and Construction Authority equivalent to five hundred euro (€500) exclusive of VAT for each complex situated within the excavation affected zone to make good for any claims made in terms of paragraph (a). No clearance to commence works shall be given by the Building and Construction Authority unless the relative sum is deposited in full.

(d) Any claim made in terms of paragraph (a) by an owner of a complex situated within the excavation affected zone shall be made to the developer and notified to the Building and Construction Authority. Payment by the developer shall be made against an authentic copy of the fiscal receipt issued by the appointed to perit review the condition reports and, or method statements. The Building and Construction Authority shall, within two (2) weeks, after the perit in charge of the project submits a certification that the works have been completed together with the authentic copy of the fiscal receipts related to the payments done by the developer with respect to all claims, release back to the developer the bank guarantee raised in terms of paragraph (c).

(e) The perit appointed to review the condition reports and, or method statements shall not be prohibited from making other independent arrangements with the owner or owners of the complex appointing him or her, for any fees that are considered over THIRD PARTY PROPERTY

and above the said amount.

(f) For the purpose of this sub-regulation, "complex" means any property on one or more levels sharing the same footprint or part thereof and having access onto a street and where more than fifty percent (50%) of the total number of owners elect to commission the same to review the condition reports and, or method statements perit that were prepared by the on behalf of the developer: perit

Provided that each un-divided co-owned property having independent access within a complex is considered to be owned by one owner for the purpose of computing the total number of owners in paragraph (a).

(12) The commencement of any works of excavation, demolition or construction may take effect only after the Building and Construction Authority provides clearance in writing.

(13) When a stop order issued by the Director is revoked, the resumption of any works of excavation, demolition or construction described in that order may take effect only after the Building and Construction Authority provides clearance in writing.