Safer Neighbourhood Scheme

The MDA recognises that while the construction sector is essential for Malta’s economic growth and prosperity, it is also an industry which, during the time of implementation, a project may cause some undesirable inconvenience to neighbours.

The scheme is primarily addressed to benefit third parties whose properties are adjacent to a construction site being developed by a member of the MDA.

According to the current law, L.N. 136 of 2019, better known as Avoidance of Damage to Third Party Property Regulations, the Perit in charge of a particular project must submit a method statement in terms of the law, not later than two weeks before the commencement of any works as well as a report on the condition of adjacent properties.

The law also states that an interested third party may request the government body responsible for building regulations to review the method statement/condition report submitted as long as the interested third party submits a detailed report drawn up by a Perit indicating the technical reasons which may be of concern to the safety of such third party or his/her property.

The MDA feels that it is in the interest of its members and the community at large to have a good lasting relationship with all neighbours surrounding the site being developed.

To achieve this end, the MDA wants to make sure that third parties are totally taken care of and give them more peace of mind. Unfortunately, despite the provision of laws already in place, not all those who neighbour a development project know and make full use of their rights. The MDA wants to facilitate this process, and this is why it is even going beyond the obligations imposed by law on developers.

Third parties will keep their full rights at law. They can ask a Perit to draw up a report on the method statement and on the state of their property before the commencement of any adjacent project.

To alleviate the financial burden and encourage that all third-party neighbours make use of the law and ensure their own interests, the MDA is now obliging its members to fork out the expenses related to the drawing up of such technical reports.

No. This will be the sole discretion of the third parties. They are at full liberty to choose whoever they wish to conduct this exercise.

The MDA developer member will refund the Perit’s fee incurred by the third party in the drawing up of the technical report, upon presentation of a fiscal receipt by the third-party neighbour.

In that case, which are a minority, the MDA’s scheme also provides for a solution.

In such cases, the MDA developer member will issue the necessary payment directly to the neighbour. Payment will be done upon the presentation of a fiscal invoice.

In this case, the owners of the flats, will coordinate with one another to appoint and agree on a Perit who will be tasked with the drawing up of a technical report of the whole block. The developer will fork out the expenses of one report covering the whole of the building.

The MDA’s Safer Neighbourhood Scheme will come into effect as from September 1, 2020.

It will be applicable for all those projects which are issued with a Commencement Notice on September 1, 2020 onwards.

Every MDA member has an MDA membership card with a unique number, which you can ask for. You can also call us on 2122 8184 or email us on [email protected] to check.

For further information on the scheme please visit sns.mda.com.mt, contact MDA on 2122 8184 or send an e-mail to [email protected]