Planning Authority Proposes Amendments To Sanitary Requirements Addressing ‘Rigid Dimensions’
The Planning Authority (PA) has proposed proposed an amendment to the Sanitary Regulations to address situations where the dimensions of a development deviate by not more than two centimetres less than the minimum requirements.
Strict adherence to specific dimensions has occasionally resulted in practical challenges during and after the construction phase, the PA wrote in a statement.
This ‘de minimis’ rule of two centimetre is also being suggested in view of the fact that in practice the structure normally adheres to the minimum dimensions required by the present legal notice, while the finishing (for instance plastering) tends to deviate therefrom by about one centimetre from each face of the structure.
“One also must bear in mind the multiple cases where home buyers purchased a shell form apartment (which adhered to the present legal notice), only to find out that finishing works have rendered that very same apartment in breach of the present legal notice by a matter of millimetres.”
The PA deems that the slight deviation from the minimum dimensions is acceptable and is justifiable especially when considering that the development is already built, and such slight deviation does not undermine the integrity of sanitary laws. This margin of two centimetres is within acceptable limits to ensure that the primary objectives of SL. 552.22 are met, such that the health and safety of occupants are not adversely affected.
The proposed amendments to the regulations can be seen here.
The public can submit representations to the proposed amendments by emailing [email protected]. Submissions must be sent no later than 9th October.
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