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I refer to the article that appeared in MaltaToday last Sunday 06 June 2004 under the heading ‘Oops!…We did it again’ whereby Anna Mallia pointed a finger at MEPA for the sad tragedy that occurred in St Paul’s Bay last week.
We would like to clarify that the obligation to retain a distance of 76cm from a party wall when digging or making excavations lies on the person who is carrying out such works in his property (s.439 of the Civil Code). This is a civil right contained in Part IV of the Civil Code, which part deals with Praedial Easements, ie certain restrictions which an individual has on the full enjoyment of his property.
MEPA is not empowered and does not have the necessary legal vires to apply or impose such provisions on anyone, which provisions are by law reserved to the exclusive jurisdiction of the civil courts.
As an Authority, we support every effort that is being made to promote and ensure safety standards in the building industry.
Peter Gingell
PRO
MEPA
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