Following yet another house collapse, the incident in Fgura which could have had have tragic results, Flimkien Ghal Ambjent Ahjar is seriously concerned at recurring malpractices, lack of proper on-site checks and the inexistence of any post-incident framework within which unfortunate citizens can seek legal redress and compensation within an acceptable time-frame in such situations.
Construction regulations were said to be in the pipeline in July 2006, but these have as yet not even been published for public consultation therefore it will be quite some time before they are passed and implemented. If and when a green light is obtained, there is also the question of whether regulations will be translated into effective enforcement.
FAA underlines that it is wholly unacceptable for the authorities to shirk their responsibility regarding the safety of their citizens and ignore pressure to come up with a practical solution and end this dire state of affairs. A number of citizens have died, and countless others are suffering sleepless nights until neighbouring construction sites are finished. Not to mention having to live in conditions of dirt, dust and unbearable noise for years on end.
FAA asks why MEPA always disclaims any responsibility for construction safety, even though our strategists and legal experts penned clause 60.1 into the Development Act stating:
60. (1) The Minister may, after consultation with the Authority, make regulations to regulate or otherwise provide for any matter relating to development or other activities affecting land or sea, in order to give fuller effect to the provisions of this Act, and in particular (a) regulate buildings and the construction, demolition or alteration thereof, as well as any other matter relating thereto, taking account of all relevant considerations, including safety, aesthetics, health and sanitation;
FAA emphatically points out that MEPA's instructions to violated homeowners to seek redress in court is not an acceptable option, due to the long delays and high costs involved. MEPA's stand actually serves to encourage some builders to ride roughshod over building-site neighbours, knowing fully well that few will resort to facing years in court to defend their rights.
The general public would also welcome a now overdue statement by the newly formed Developers; Federation about this unacceptable state of affairs what solutions it proposes.
FAA invites the authorities and Parliament to review in a holistic manner regulations contained in the Code of Police Laws and in the Civil Code so as to give a higher degree of protection to residents of properties neighbouring construction sites. This updating of the law is necessary in view of the fact that construction techniques and materials as well as building heights have changed drastically over the years and yet this is not to date reflected in our laws.