Code of Police Laws (Cap. 10)

Code of Police Laws (Cap. 10), article 104

Official PDF on legislation.mt

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.

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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.