DEVELOPMENT (REMOVAL OF DANGER) g S.L.356.20 1
SUBSIDIARY LEGISLATION 356.20
DEVELOPMENT (REMOVAL OF DANGER) ORDER
13th September, 2002
LEGAL NOTICE 258 of 2002.
Title .
Danger) Order.
Emergency works.
mitigate or remove existing danger, without the requirement of a
development permit, provided that:
Cap. 390.
( a ) such works are notified to the Authority by a person
who holds a warrant to practise as an architecture and
civil engineering professional ( perit ) as provided
under the  Periti  Act, prior to the commencement of
any work. Such notification shall be accompanied by
at least two good-quality colour photographs of the
site, and by other relevant documentation as may be
necessary, so that the details submitted to the
Authority shall clearly and correctly identify:
(i) the architecture and civil engineering
professional ( perit ) in charge;
(ii) the applicant;
(iii) the precise location and full extent of the
applicant’s site, shown on a map base as
published by the Authority;
(iv) the degree of danger;
(v) the full nature, methodology and extent of the
proposed works;
(vi) the structures or building elements that are to be
removed or altered;
(vii) the access to the site from the nearest such
street, on the site location plan, where the site
does not directly abut onto a street that is
accessible to vehicular traffic; and
provided further that such communication shall be
made in writing to the Authority in an envelope clearly
marked with the wording "DANGEROUS
STRUCTURE"; and
( b ) the Authority is satised that:
(i) the danger exists and is serious enough to
warrant immediate remedial works;
(ii) the works as proposed are fully justified to
remove such danger;
(iii) the works are limited only to the removal of such
danger;
2 g S.L.356.20 DEVELOPMENT (REMOVAL OF DANGER)
(iv) all appropriate safeguards are taken to minimise
any adverse impact of the proposed works;
S.L.356.07 (v) the danger cannot be removed by temporary
shoring of the building or dangerous structure as
provided in the Development Notification Order;
and
(vi) the proposed remedial works do not affect the
integrity of a historic, listed or scheduled
building.
Decision of the 
Authority.
3. (1) The Authority shall communicte its decision, to grant
or refuse such authorisation, within two working days of receipt of
the notification, provided that the requirements of article 2 have
been fully complied with.
(2) Where the requirements of article 2 have not been fully
complied with, the period of two working days shall commence to
run from such time as such conditions are fully complied with and
notified to the Authority.
Authorisation of 
the Authority.
4. Any authorisation granted by the Authority in accordance
with article 2 shall:
(1) be limited to the minimum emergency works required
to remove the source of danger until any required
permission for more lasting interventions is obtained;
(2) be notified by the Authority in writing, and shall only
have effect in accordance with the terms stipulated in
such notification;
(3) only be issued on the basis of detailed site inspection
by an architecture and civil engineering professional
( perit ) appointed by the Authority;
(4) be without prejudice to any requirement for
development permission or for any other authorisation
required by the Authority, and shall not dispense from
the requirement of any other permission, including any
permit for trenching operations, any permit from the
sanitary authorities, any other permit or licence from
any Government department or agency, and any
consent from third parties, that may be required by
law;
(5) be without prejudice to the eventual decision taken in
respect of an application, notification or request
submitted for the purposes of subregulation (4); and
(6) not preclude the Authority or other entity from taking
enforcement action or other action according to law, in
respect of any illegality existing on site.
Nullity of 
authorisation of the 
Authority.
5. Any authorisation issued by the Authority in accordance
with article 2 shall be null and void if it is subsequently discovered
that:
(1) one or more of the qualifying conditions for
authorisation did not exist at the time that the original
request to the Authority was made; or
DEVELOPMENT (REMOVAL OF DANGER) g S.L.356.20 3
(2) the Authority’s assessment of the case was influenced
by insufficient or incorrect information, or by
unjustified limitation of access to the site or to parts
thereof; or
(3) the works are not being earned out in strict compliance
with the terms of the authorisation.
