The importance of the Condition Report of Buildings in construction

The Building and Construction Agency (BCA) is responsible for implementing methodologies that are in-line with the Avoidance of Damage to Third Party Property Regulations.

These aim at minimising the risk of damage to third-party property or injury to persons that may result from the proposed works. The regulations also present details regarding the contents of the Method Statement and the Condition Report of Buildings.

Anyone planning on carrying out works involving excavation, bulldozing or construction must engage a warranted architect to present a Condition Report of Building and Method Statement. This is to detail the condition of any neighbouring buildings or structures and must be presented to the BCA at least two weeks prior to the commencement of any works. Once these are approved, either the architect responsible for the project or the developer must present this report to the neighbours of the development site. This is done to make sure that development adheres to the regulations and proceeds safely.

However, neighbours may object to both the Condition Report and Construction Method Statement.  Interested third-parties may ask the Director to review the submitted method statement/s, provided that the third-party submits a detailed report drawn up by an architect. Here, they are to list their concerns regarding their own or their property’s safety. Following this, the director may then request the developer to submit a partial method statement at any stage. These third-party properties must be touching, overlying or underlying the site in question and the method statements are to be submitted within three weeks from the date when the developer receives the request. Moreover, the Director has to indicate all the details that will be included in the partial method statement and the developer is also required to submit a report on the condition of the property which is located opposite, overlying or underlying any site on which the construction works shall be carried out.

When excavation is involved, developers are also required to show any properties which are in the affected zone, on a website. This is to be issued by the director not later than two weeks before any works commence. A physical copy of the report shall be sent to the owners or occupants of the relative property by means of a registered letter.

Furthermore, the architect responsible for the project is required to submit the method statement in accordance with the 4th, 5th and 6th Schedules, while also including a full report on the condition of the properties according to the 7th Schedule. The latter has only been issued in English, which is featured on the website, prescribed by the director. This submission must also be made at least 2 weeks prior to the commencement of works.

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 2 weeks. In this case, corrections have to be done or other reports are submitted by third-parties. The director may ask the architect in charge to consult with the owners or the occupant’s architect of the property, to review the condition report and if they both come to an agreement, a re-submission of the report must be signed by both architects. If the developer and third-party property owner fail to reach an agreement, the Director will commission an inspection by the BCA, which is responsible for issuing a final report. The costs of such an inspection report are to be shared equally by the developer and the third-party owner or occupant.

On the other hand, if no corrections are made and no other condition report is submitted to the Director, it shall be understood that the owner or occupant of such property agrees with the condition report submitted by the developer to the director and the work will commence normally.

There are various instances where the architect is unable to obtain access to the contiguous property; either due to the neighbour refusing entry to the developer’s architect, or, when the identity of the neighbour is unknown and cannot be traced. For the purpose of preparing the condition report, such architect would need to draw up a written declaration, detailing his attempts to be allowed access to the neighbour’s property, including the attempts of notification by registered mail. This is needed for the purpose of preparing the condition report and such information is to be included in the method statement sent to the BCA.

When the occupant of a property for which a condition report is required is not the owner of the property, the occupant shall:

Inform the owner that an architect, 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

Forward the condition report to the owner upon its receipt from the developer.

The BCA reserves the right to have any information provided verified by independent persons.

More information regarding these is available at www.bca.com.mt