Code of Police Laws (Cap. 10)
Code of Police Laws (Cap. 10), article 104
104. (1) The owner of any house from which the matter going
into the privy, sink, or other drains for slop water, is carried into the
public sewer or a cesspool through conduits formed or laid under
another house, is bound, where practicable in the opinion of the
sanitary authority, to free such other house from such easement by
making other conduits for the carrying of the said matter directly
into such sewer or cesspool, and where the houses belong to
different owners the total expense shall be apportioned between the
owners as the court shall, in each case, determine.
Duties of owner or
occupier of upper
part of house, of
lower part of
house,
(2) The owner or occupier of the upper part of a house is bound
to permit the formation, from the lower part of the house up to the
roof of such house, of such ventilators as may be necessary
according to the provisions of article 97, and the owner or occupier
of the lower part is bound to permit the formation, in such part of
the house, of communication pipes or conduits from the upper part
to the public sewer.
of neighbouring
house.
(3) The owner or occupier of a house is also bound to permit
the ventilators of a neighbouring house to be fixed to the walls of
the former house, in order that such ventilators may be of such
height as the sanitary authority may deem necessary.
Conduits, etc., to
be formed or fixed
so as to cause least
inconvenience.
(4) In all cases, the conduits, pipes, or ventilators shall be
formed or fixed in such a manner as to cause the least possible
inconvenience to the occupier of the house, or part of the house, in
or to which they are formed or fixed, and the least possible
prejudice to such house or part thereof.
Where indemnity
is payable.
(5) Where the said conduits, pipes, or ventilators do not
diminish the value of the house or of the part of the house in or to
which they are formed or fixed, no indemnity shall be payable
except such as may be due in respect of any repairs which may be
necessary in consequence of the formation or fixing of such
conduits, pipes or ventilators:
Provided that the mere creation of any easement under this
article shall not give rise to any claim for indemnity.
Claim for
indemnity not to be
a ground for
suspension of
works.
(6) The owner or occupier may in no case demand the
suspension of works above mentioned, on the ground of any
indemnity to which he may be entitled.
Owner of house to
allow Director of
Public Works to fix
ventilators to
public sewer, to or
within external
wall of house.
Amended by:
XVII.1893.12;
I.1959.8.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.