Government Notices published in Govt. Gazette No. 20,746 of 7th December 2021

Rent Regulation Board

IN exercise of the powers conferred by Article 17 of the Reletting of Urban Property (Regulation) Ordinance, the President of Malta approved the appointment of the following person to form part of the Panel of Architects and Civil Engineers for the purpose of the said Ordinance for the period from the 10th November, 2021 to the 29th March, 2022:

Perit Robert Musumeci

IT is notified for general information that the following Legal Notice was published in the Supplement to the Government Gazette No. 20,743 of 30th November, 2021 (Legal Notice 467).

L.n. 467 of 2021: Minor Protection (Alternative Care) Act (Cap. 602); Children's House Regulations, 2021.

DEPUTY EXECUTIVE SECRETARY

IT is hereby notified for general information that the following person has been appointed Deputy Executive Secretary of that Local Council with effect from 4th September, 2021:

Local Council Deputy Executive Secretary

Fontana                                   Miriam Attard

Explanatory Notes for the Purposes of Article 3(2)(c) of the Small Business Act

Annex 1

1.0 Introduction

The Avoidance of Damage to Third Party Property Regulations [S.L. 623.06] were introduced by Legal Notice 136 of 2019 with the specific objective of safeguarding third parties against danger during excavation, demolition, and construction work activities. These regulations introduced the notion that such works may not commence before a statement outlining the methodology as to how works would proceed, supported by a condition report of adjoining properties is made available to the public, not least owners of adjacent properties who more than anyone else have an interest in being provided with this information.

The Building and Construction Authority is putting forward the amending Regulations whereby it will be possible for third parties owning a complex and falling within an excavation affected zone (as defined in the regulations), to be able to claim for disbursement from the developer should they require the professional services of a perit to assist them in the reviewing of the condition reports and, or method statements prepared by the developer's perit.

2.0 Summary and background

The Avoidance of Damage to Third Party Property Regulations were introduced with the specific aim of safeguarding third parties against the possibility of risks and dangers triggered by nearby excavation, demolition and construction works. The Regulations will strengthen and complement the existing provisions contained in The Avoidance of Damage to Third Party Property Regulations so that when fifty percent (50%) or more of the total number of owners of any one complex falling within an excavation affected zone are in disagreement with the condition reports and, or method statements prepared by the perit on behalf of the developer, they may elect to engage one perit of their choice to review the said condition reports and, or method statements that were prepared by the developer's perit and claim for disbursement up to and not exceeding five hundred euros (€500) exclusive of VAT from the developer for any one complex.

Prior to these amendments, there was no similar provision which entitled third parties, who opted to commission a perit to provide them with technical assistance, to claim for disbursement.

3.0 Overview of the structure of the instrument

The Regulations consist of 2 regulations. The first regulation is introductory and establishes the title of the amending regulations; the second is the operative regulation, which effectively amends the principal regulations with the introduction of new sub-regulation (11) to regulation 7.

4.0 Commentary on parts and regulations

With the advent of these amendments, third parties are better placed to seek professional guidance in anticipation of any risks and dangers that could be triggered by the anticipated excavation, demolition and construction works next door. This is because neighbours who decide to group together and agree to appoint the same perit can recover the professional expenses up to a limit of five hundred euros (€500) per complex [regulation 11(a) and (b)].

For the purposes of these amendments, it must be pointed out that the word “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 per cent (50%) of the total number of owners elect to commission the same perit to review the condition reports and, or method statements that were prepared by the perit on behalf of the developer". That being so, each undivided co-owned property having independent access within a complex is considered owned by one owner for the purpose of computing the total number of owners [regulation 11(f)].

Indeed, it will be the developer who will be obliged to submit a bank guarantee to the Authority equivalent to five hundred euro (€500) exclusive of VAT for each complex situated within the effected zone with the Building and Construction Authority, to make good for any claims made by third parties. Moreover, no clearance to any works shall be given by the Building and Construction Authority unless the relative sum is deposited in full [regulation 11(c)].

It must be further stated that any claim made by owners of a complex situated within the excavation affected zone shall be made to the Developer and notified to the Authority [regulation 11(d)].

Payment by the Developer to owners shall be made against an authentic copy of the fiscal receipt issued by the perit appointed to review the condition reports and, or method statements [regulation 11(d)].

Ultimately, 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 [regulation 11(d)].

5.0 Concluding Section

The Regulations shall come into force within 2 months from their publication in the Gazette.

Further information may be obtained from:

Freephone: 80049000

Email: info@bca.org.mt

N.B. This Explanatory Note is not intended to be an exhaustive description of the instrument nor a substitute thereof or a legislative supplement thereto. This Note does not purport to be an authoritative ruling on the interpretation of the legislation.

Annex 2

User Guidelines

1.0 Purpose and Objectives

The process related to third party rights with respect to their ability to have visibility to condition reports and method statements that encompass a property development project happening 'next door' is already catered for within Legal Notice 136 of 2019. This legislation introduced the notion that whenever works are due to commence, the developer is obliged to provide the third party (immediate neighbour) visibility to the methodology as to how the works would be executed supported by a condition report relative to the third party in question with the main objective, that of allowing third parties to review, hence safeguarding their position in terms of risks in the form of dangers the development may create during the execution of the various stages of the development including excavation, demolition, and construction work activities.

The amendments to the regulations (by way of Legal Notice 468 of 2021) is improving the third-party rights further as it facilitates the difficulties related to technical reviews that the third party may face when it comes to the appointment of a perit to conduct such a review as well as the notion of the reimbursement of costs relative to the technical review. In fact, the amended regulations introduce the process that an affected third party may appoint a perit of his/her choice whilst the costs shall be reimbursed by the developer within the stipulated timeline. For the benefit of affected parties and representations, the amendments provide a definition of what effectively constitutes third parties within the context of the excavated affected zone as well as the definition of a complex (property) including how the representation is derived. The Building and Construction Authority will ONLY determine validation and clearance to commencement of works once technical agreement is reached between the concerned parties and upon full settlement of professional fees (reimbursement Developer to affected third parties).

2.0 Target Audience

The legislation and amendments thereof target the stakeholders relative to a building/property development that has been granted a full development permit or equivalent DNO by the Planning Authority. The amended regulations are intended to target both the Developer including the Competent Professional (perit) who is performing and executing the design and detail of the execution stages of the project/development as well as the third parties that fall within the affected excavation area.

3.0 Eligibility

Once a property development project is granted a development permit, prior to the commencement of the works, the Developer is obliged to commission condition reports to the properties abutting the intended development and this as part of the commencement notification process. The determination of the number of condition reports including properties, stems out from the current legislation specifically the formula as indicated and defined as the excavated affected zone.

The condition report is the equivalent of a technical survey that is conducted by the competent professional that is commissioned by the Developer and is intended to take a real time snapshot of the state of repair relative to the affected properties and shall also include any specific observations relative to the property's structural characteristics and any other related observations.

The Developer is obliged to transmit and forward a copy of the condition report to the property owners that would have been determined as falling within the excavated affected zone for their review and acceptance or otherwise. The condition reports are not required to simply record the state of repair of the specific properties but are intended to serve as a an important tool to the Developer and his Competent Professional who together are responsible for the Design and Detailing of the intended Development given that these reports shall provide insight to structural and relative characteristics that may impact the Development's intended and planned design within the context of safe working practices including structural stability and safety issues, hence any precautions or mitigation measures to be taken by the Developer and the Competent Professional within the structural and relative designs to safeguard both the properties that fall within the excavated affected zone and the Development itself. An enhanced risk assessment approach that should minimize assumptions.

In addition to the condition reports, the Developer is also obliged to prepare and forward to the property owners that would have been determined as falling within the excavated affected zone, a copy of the detailed method statement that reflect the works as being planned and envisaged to be executed at the various stages of the construction cycle. The method statements should take into consideration any mitigation measures as anticipated to safeguard the safety of the properties as determined falling within the excavation affected zone. These should include specific interventions to the characteristics that would have emanated from the condition reports.

The third party/parties (those determined to fall within the excavation affected zone), would therefore have the right to view, review, accept or submit a technical concern or equivalent technical objection to the original reports within the stipulated time frame. Therefore, the Developer would consider and review any technical concerns/objections raised and be able to address, mitigate, review and revise the original reports addressing the technical concerns accordingly. The revised reports would be reviewed by the third party and subject to agreement. Once there is agreement on technical grounds, the Building and Construction Authority shall consider processing the necessary clearances accordingly.

4.0 What changes (from the earlier LN)?

The third-party rights to the visibility and review of both the condition reports and method statements concerning a development that is effectively being proposed to be executed and which development may impact their property is being enhanced by way of elevating the risk assessment process from a safety and structural stability context and this in an improved manner.

The third party is provided with the opportunity to commission a professional 'perit' of his or her choice to assist in the technical reviews and is also provided with the opportunity that the professional fees to cover the technical reviews will be reimbursed by the Developer that is sponsoring the specific development.

The amendments qualify further the determination of the interested third parties through the amplification of the existing formula, that of the 'excavation affected zone'. In fact, properties that fall within the affected zone are qualified as a 'complex' and ownership is therefore representative. In fact, a complex has been defined as any property on one or more levels sharing the same footprint or part thereof and having access onto a street.

The representatives of the complex (50% of the total number of owners) have the opportunity to commission the same perit to review the condition reports and, or method statements that were prepared by the perit on behalf of the developer. In cases were an un-dividedly co-owned property has independent access within a complex, this shall be considered to be owned by one owner for the purpose of computing the total number of owners in terms of a complex.

Procedure (how does it work):

a. As part of the commencement notification process, the Developer will transmit copies of the condition reports and method statement to the owners of properties that fall within the excavated affected zone.

b. The owners of the properties (complex) shall commission a perit of their choice to review the condition reports and method statements and therefore have the opportunity to comment or put forward any concerns related to technical matters within the termed period.

c. The Developer has the opportunity to consider the comments and concerns emanating from such review, take the necessary actions in the form of adjustments and or revision in order to address and mitigate the issues or concerns raised.

d. Once there is an outcome, the Building and Construction Authority would proceed with the determination on whether clearance to commence works is endorsed or not.

e. Upon determination both the Third Parties and the Developer shall always have the right of appeal should any party not agree to the decision taken by the Building and Construction Authority.

Payments and Performance Security:

a. The determination of the number of complexes is to be worked in line with the formula relative to the excavation affected zone.

b. The developer shall deposit at the Building and Construction Authority a bank guarantee equivalent to euros (€500) exclusive of VAT for each complex situated within the excavation affected zone which deposit is a form of guarantee to make good for any claims made.

c. Claims for the reimbursement of the professional fees made by an owner of a complex situated within the excavation affected zone shall be made to the Developer notifying the Authority.

d. Payment by the Developer shall be made against an authentic copy of the fiscal receipt issued by the Perit appointed to review the condition reports and, or method statements.

e. 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 accordingly.

5.0 Role of the Regulator (Building and Construction Authority)

BCA's intervention within this process shall be limited to that of the administration relative to the clearance process, a facilitator and mediator should a disagreement result accordingly. The technical responsibility to the envisaged works shall always lay with the Developer and the respective perit representing the Developer.

In case of disagreement and or objection, the BCA shall facilitate any technical discussions including mediation as deemed appropriate. Should the circumstances still lead to disagreement that go beyond technical context, BCA is to determine the clearance or not based on technical grounds. The third party and or Developer may still avail themselves to an appeal process within the context of the Tribunal procedures.

6.0 Communications and Contacts

The process related to the commencement notification is already provided within the current formal communication channel i.e., through eapps PA-BCA processing system.

General Public, Developers and Professionals are free to enquire on any assistance and further details or guidance by either contacting the Building and Construction Authority through their customer care service or e-mail accordingly. Contact details are provided as follows:

Freephone: 80049000

Email: info@bca.org.mt

Alternatively, one to one walk in type enquires maybe considered.

Hours: 6.30 a.m to 3.00 p.m.

Address: Building and Construction Authority, Horn Works Ditch, Triq Emvin Cremona, Floriana.

Disclaimer: The User Guideline notes are not intended to be another version of the legislation but is meant to make the content accessible to those who would have difficulty understanding the legal terms and who do not know much about the sector being regulated.

Government Grant on the Installation of Bicycle Racks/Ancillary Facilities in Localities or within Enterprises' Premises

IN ORDER to incentivise the use of alternative green means of transport while, at the same time, encouraging physical exercise and a healthier lifestyle, the Minister for Finance and Employment is allocating funds whereby local councils and enterprises are encouraged to come up with a plan to promote the use of bicycles as a means of transportation within localities and to and from the workplace.

To this end, the Ministry for Finance and Employment has set up a fund to cover the expenditure incurred by local councils and enterprises to install bicycle racks and ancillary facilities.

Local councils and enterprises can apply for funds by submitting the application form after having consulted the applicable guidelines that are accessible on (www.finance.gov.mt).

1. Interpretation

In this scheme, unless the context otherwise requires:

'applicant' means the person applying for the grant under this scheme on behalf of the local council or the registered enterprise applying for the grant under this scheme;

'application' means the application made for a grant under this scheme;

'guidelines' means guidance documents that provide the applicable specifications and instructions for installation and purchasing of bicycle racks. These guidelines are accessible at www.finance.gov.mt;

'local council' means a local council established under the Local Councils Act (Cap 363 of the laws of Malta) and as designated in the Second Schedule annexed to this Act;

'registered enterprise' means a legal entity possessing the right to conduct business on its own, for example to enter into contracts, own property, incur liabilities and establish bank accounts. An enterprise may be a corporation, a quasi- corporation, a non-profit institution, or an unincorporated enterprise. The enterprise has to be registered with the competent authority;

'effective date' means the 1st January, 2022;

'fiscal receipt' means a receipt as defined in the Thirteenth Schedule to the Value Added Tax (Cap 406), as subsequently amended, and also includes any regulation made by the same Act;

'bicycle racks' means facilities for short-term or long term bicycle parking as defined in the guidelines that are intended as instructions for purchase and installation of bicycle racks and ancillary facilities;

'ancillary facilities' means equipment, buildings, structures and improvements that expand the comfort and safety necessary to support the use of a bicycle as a means of transportation;

'capital expenditure' means expenditure related to the purchase and installation of bicycle racks and ancillary facilities,

'Malta' means the islands of Malta;

'Minister' means the Minister responsible for Finance and Employment;

'businesses' means any commercial company including partnerships registered in Malta with the Malta Business Registry;

'person residing in Malta' means a natural person who either holds a legally valid identification document issued in terms of the Identity Card and other Identity Documents Act (Cap 258) or who has a residence permit or a letter issued from the expatriate office at the Ministry responsible for Foreign and European Affairs;

'Member State' means a Member State of the European Union;

'European Union' has the same meaning as is assigned to it by article 2 of the European Union Act (Cap 460), and includes Norway, Iceland and Liechtenstein;

'purchase price' means the total purchase price of the complete equipment including VAT and which purchase price has been paid in full by the applicant prior to applying for reimbursement.

2. Area of applicability

This scheme relates to the expenditure that is incurred in the purchase price and installation of bicycle racks within the locality or the purchase price and installation of bicycle racks/ancillary facilities within the enterprises' premises, and which purchase and works were carried out from the effective date or afterwards and completed by the end of December 2022.

3. Expenditure to be reported

The expenditure to be reported is in respect of the purchase price and installation of bicycle racks/ancillary facilities as defined in section one (1) of this scheme.

4. Manner of application and supporting documents:

(i) Applications under this scheme shall be made in the form set out in schedule (A) annexed to this scheme, and shall contain all the information, details and documents as required in the said form and in terms of this scheme.

(ii) Prior to purchasing and installing the bicycle racks/ancillary facilities the applicant must read and follow the applicable guidelines, that are accessible on (www.finance.gov.mt).

(iii) Applications are to be accompanied by the documents shown hereunder:

(a) a copy of the Identity Card of the applicant or, in the absence of an Identity Card, a copy of any other official document of identity as referred to in the interpretation of a 'person residing in Malta' in section 1 of this scheme;

(b) Quotations for equipment purchased and works, which must specify if installation is included;

(c) Picture of the proposed racks;

(d) Site plan and photos of where the bicycle racks/ancillary facilities will be installed.

(iv) At reimbursement stage the applicant must submit:

(a) Both the original fiscal receipt/s and the commercial invoices. In the case were the supplier of goods/services is exempted from issuing a fiscal receipt an endorsed statement to this effect is to be supplied by the supplier together with the commercial invoices;

In the case of equipment not purchased from Malta, the original invoices of the purchase of such items issued by the supplier together with the delivery note/s, the original documentary proof that final payment has been affected, and clearance from Maltapost/Department of Customs Malta, as may be required. These documents must confirm that such items were really purchased; the expenditure costs, and which costs include duty and VAT as may be required, were really paid in full; that such a purchase was affected by the purchaser for the purchaser. Such purchased items must also conform to EU standard safety regulations, as may be required.

(v) Only those applications that are in conformity with all the provisions of this scheme shall be eligible for payment of the assistance referred to in section 5 of this scheme.

(vi) Applications under this scheme, including the documents required to be submitted with the application, shall be submitted to the Board for the Bicycle Rack Fund, Ministry for Finance and Employment, Maison Demandols, South Street, Valletta. The Application form and guidelines are available on (www.finance.gov.mt).

5. Grant payable under this scheme

(i) Local councils and non for profit enterprises are eligible to apply for a grant of up to 100% of the approved capital expenditure incurred and paid in full as explained in section 2 of the scheme;

(ii) Commercial enterprises may apply for a grant of up to 50% on the approved capital expenditure incurred and paid in full as explained in section 2 of the scheme.

6. Payment of Grant

The grant will be paid to the applicant by bank transfer to the account listed on the application.

7. Validity of application

An application shall not be deemed to be valid unless:

it is full and complete in all material aspects;

it is accompanied by all the   relevant documentation or details as required.

8. Duration of the scheme

This scheme has a definite duration and will start as from the 1st January 2022, and end on the 31st December 2022, until this scheme is not modified/terminated by means of a notice in the Government Gazette and shall be renewed as deemed necessary by the Minister for Finance and Employment and as such shall be thus published in another notice in the Gazette.

9. State Aid

With reference to section 5(ii), this scheme will be implemented in accordance with the provisions of Commission Regulation (EU) No 1407/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid, OJ L 352/1 of 24 December 2013, as amended by Commission Regulation (EU) 2020/972 of 2 July 2020 amending Regulation (EU) No 1407/2013 as regards its prolongation and amending Regulation (EU) No 651/2014 as regards its prolongation and relevant adjustments, OJ L 215/3 of 7 July 2020. Commercial enterprises applying for this grant should make sure that they are within the limits of State Aid and will have to fill the attached form on State Aid.

10. Amendments to the scheme

The Minister for Finance and Employment reserves the right to make any amendments to this scheme by the publication of the said amendments in the Government Gazette.

11. Transitory provisions

Applications made under this scheme relating to the expenditure on the purchase price and installation of bicycle racks/ancillary facilities, and which purchase and installation was carried out between the effective date and the date of publication of this notice shall be deemed to be valid applications under this scheme, provided that the applications satisfy all the conditions stipulated in this notice.

SCHEDULES

Schedule A – Application Form on page 12,863 to 12,867.

The Director General Standards and Metrology Institute notifies that, on the date shown hereunder, the price of gold and silver on which valuations made by the Consul for Goldsmiths and Silversmiths are based has been fixed for the purposes of article 14 of the said Act as follows: