2. Development Planning (Health and Sanitary) Regulations 2016 Scope To revise and update Part V of Chapter 10 of the Code of Police Laws and GN110/34 To integrate standards adopted by practice Drafted by Ad-hoc policy Working Group with officers from public and private sectors involved in health and sanitary issues

3. Development Planning (Health and Sanitary) Regulations 2016 Contents of regulations 1. light and ventilation 2. water storage

4. Development Planning (Health and Sanitary) Regulations 2016 Administration 1. Monitored and enforced by the Planning Authority in conjunction with the Environmental Health Directorate 2. Power to inspect any building at any time 3. Decisions of the Planning Authority are subject to the provisions of the EPRT Act

5. Development Planning (Health and Sanitary) Regulations 2016 Applicability 1. to all existing structures built post 1967 2. to all new structures and to alterations to all existing structures 3. to both habitable and non-habitable spaces 4. to commercial development and dwellings 5. departures may be permitted if justified

6. Development Planning (Health and Sanitary) Regulations 2016 Water storage 1.all new development should be provided with a water reservoir to store and re- use rainwater run-off from the built up area and having a volume that is established in Technical Guidance Document F 2.every reservoir shall be connected to a pump to allow water extraction if so required

7. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – definitions (i)  “ Aperture” means an opening which allows natural light and ventilation into a habitable space.  “Clear height” means the distance measured from the finished floor level up to the underside of the ceiling level. This includes any beams, arches and/or drop ceilings, provided that these do not take up more than 30% of the ceiling area of the room and the clear height of this 30% area is not less than 2.0m  “Habitable space” means any space larger than 6m 2, excluding bathrooms, circulation space, walk-in wardrobes, domestic stores, engine rooms, lift shafts, garages, games rooms and commercial developments;  “commercial development” is any development related to retail, offices, food and drink, tourism, entertainment, industrial and warehousing, or a mix of these uses  “restricted site” means a site or a structure with a depth of 15.0m or less

8. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – definitions (ii)  “Back yard” means an unroofed area at the rear of the structure which shall be an integral part of the same site, to provide adequate light and cross-ventilation to structures with over 15.0m depth;  “Internal yard” means an unroofed area, not located at the rear of the structure, intended to provide adequate light and cross-ventilation to habitable space over 15.0m depth and shall be an integral part of the same site. The minimum width of an internal yard shall be 1.5m;  “Courtyard” means an unroofed area in existing buildings constructed up to 1967 and shall be an integral part of the same site;  “Shaft” means an unroofed area with sufficient area to provide cross-ventilation and, or space for the location of ducts and gulleys for storm and foul water;

9. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – road frontage and basements 1.Each dwelling unit must have a frontage on a road, valley or coast. 2.In the case of both habitable spaces and non-habitable spaces in basements, these are to be adequately illuminated and ventilated and include either of the following: an external aperture above pavement level; or an external aperture overlooking a 3m front unroofed area even if located below street level or at least a 3m deep unroofed area at the back of the structure; or For non-habitable spaces only, the basement is certified by an engineer that it is adequately ventilated for its intended use. The Authority may consider ventilation grids under pavements as a source of adequate ventilation.

10. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – non-habitable spaces Preference should always be given to natural light and ventilation for non-habitable spaces above ground level. Provided that, non-habitable spaces may be artificially illuminated and ventilated, subject to certification by a warranted engineer stating that the design can achieve acceptable levels of light and ventilation, in accordance with recognised building codes.

11. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – habitable spaces 1. All habitable spaces are to be adequately illuminated and ventilated with natural light and ventilation 2. Every dwelling, except corner dwellings, with a depth of more than 15.0m requires a back yard equivalent to at least 6m width, or to the entire plot width if such plot width is less than 6m 3. Toilets may be mechanically ventilated 4. Glazed automated retractable/fixed roofing over courtyards providing ventilation to habitable spaces may be considered provided that the design is certified by a warranted engineer

12. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – minimum size of aperture 1. Every habitable space shall be served with a minimum external aperture area of at least 1m 2 2. When a habitable space has a cumulative external aperture area of less than 1m 2, no overlying projection above such aperture/s shall be allowed 3. When a habitable space has an irregular shape and the external aperture does not provide direct natural light and ventilation to all the habitable space a projection above any such aperture shall not exceed 1m.

13. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – overall height (i) 1.In streets or open spaces which are 3m wide or less, the overall height of the façade should not exceed twice the width of the street or open space. 2.Width of the street shall be calculated as the clear horizontal distance between the building frontage and the building frontage of the nearest façade on the opposite side of the street. 3.Building height to street width ratios do not apply in the case of facades fronting the seafront or land ODZ

14. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – overall height (ii) 1.In streets or open spaces which are more than 3m wide, but less than 15.0m, the overall height of the façade should not exceed three times the width of the street or open space. 2.Additional floors above this overall height may be allowed provided setbacks from the building alignment are introduced and the established ratios are not reduced. 3.Exceptions may be considered depending on the site context.

15. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – overall height (iii) 1.In streets or open spaces which are wider than 15.0m, the overall height of the façade can exceed three times the width of the street, without the need for setbacks from the building alignment of the façade.

16. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – clear height 1. of a habitable space shall not be less than 2.6m 2. of a non-habitable space shall not be less than 2.4m, excluding engine rooms, lift shafts, domestic stores, walk-in wardrobes and bathrooms, which may have a clear height of less than 2.4m 3. any intermediate floors within the height of any space can be accommodated provided that the clear height of the intermediate floor shall not be less than 2.1m and 70% of the space shall remain as double volume.

17. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – backyards (i) 1. Every dwelling shall have a backyard with a depth in proportion to the height of the building 2. For structures which are not used as dwellings up to 6.4m height of façade overlooking the backyard shall have a minimum depth of 1.5m. 3. In both instances, there may be exceptions depending on the site configuration

18. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – backyards (ii) 1. A minimum backyard and internal yard dimension of 3m depth must be retained for a building height up to 10.1m. 2. For each overlying additional floor, a setback of 1.5m from the underlying floor shall apply for backyards and 0.9m for internal yards. 3. In instances where there is already an existing minimum back and, or an internal yard: for the backyard, a recess of 2.3m may apply for every additional 2 floors instead of having a 1.5m recess for any additional floor: for the internal yard, a setback of 1.4m for every additional 2 floors may be made instead of 0.9m for every floor.

19. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – backyards (iii) Height of façade overlooking the backyard and measured taken from the internal floor level Depth of BackyardDepth of Internal yardDepth of projection allowed in backyard Up to 10.1m 3.0m 1.0m > 10.1m to 14.1m 3.9m3.5m1.0m > 14.1m to 18.6m 4.8m4.0m1.3m > 18.6m to 21.6m 5.7m4.5m1.3m > 21.6m to 25.6m 6.6m5.0m1.6m > 25.6m to 28.6m 7.5m5.5m1.6m > 28.6m to 32.1m 8.4m6.0m1.6m > 32.1m 9.3m6.5m1.6m

20. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – backyards (iv) In the case of structures having a frontage on two streets: no backyard is required where each unit at the same level has a frontage on the two streets; a backyard for every unit is required if there are more than 1 unit at the same level between two streets. Depth of back yard may be reduced by 1/3 if each unit is permitted under one permission and dividing wall shall not exceed 2.2m

21. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – rooms in backyards 1. A structure in the backyard up to 3m external height may be permitted provided that the minimum dimensions (width and depth) for backyards are respected 2. In all cases, no access to the roof of the structure is permitted

22. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – projections No projections are permissible within internal yards or shafts, unless the said internal yards or shafts are larger than the minimum required, and the maximum extent of the projection must not exceed the surplus to the minimum required Projections within backyard as per table above

23. Development Planning (Health and Sanitary) Regulations 2016 Light and Ventilation – pre-1967 buildings Where a pre 1967 building includes a courtyard which courtyard does not serve as a backyard, any proposed additional floors can be constructed without necessarily having the additional floors recessed back from the courtyard alignment

24. Development Planning (Health and Sanitary) Regulations 2016 Transition Clause Regulations came into force on the 10 th June 2016 and apply applications validated after the 10 th of June. Applications validated prior to 10 th June 2016 and still not determined, applicant may choose to apply Cap 10 up to the 10 th of August 2016. Regulations to apply without prejudice to article 72 of the Act.