Feature - page 29

The Office of Fair Trading (OFT) has recently issued a Code of Conduct for the Retail Sector. It is hoped that the code will be a practical guide for businesses and consumers alike in relation to any disputes arising from the purchase of goods locally.

While most retailers in Gibraltar adhere to the core principles already, it has been established in order to level the playing field and make the retail experience on the Rock more consistent. The OFT has also listened to shoppers in forming part of the code, especially concerning the areas which attract the most complaints.

The OFT is committed to preventing business practices which cause harm to consumer interests. It will therefore investigate any unreasonable departure by a retailer from the best practice guidance set out in the code and this may, where appropriate, lead to further action.

Whereas the code is aimed at businesses, the OFT also encourages consumers to become acquainted with the code as in order to be more empowered. Practically, this means more information about their rights and the industry best-practices they should expect when parting with hard-earned Pounds. 

Some of the main topics covered by the code are:

• pricing; 

• shop notices; 

• faulty goods;

• credit notes and vouchers;

• goods on sale;

• the sale of toys;

• deposits

• guarantees

Some of the most practical parts of the codes are as follows:

• all goods on display, whether inside a shop, in display cabinets or shop windows, should have their prices clearly displayed in Pounds Sterling

• retail policies should be communicated to consumers and be clearly displayed in the premise

• any goods sold must conform with the contract of sale and must be: 

• as described

• fit for the purpose sold

• of satisfactory quality

• if goods are faulty within six months from purchase, there is a presumption they were faulty at delivery and it is for the trader to prove otherwise

• goods that become faulty within 30 days from purchase or delivery can be rejected by the consumer who can claim for a full refund of the total cost of the goods

• refunds due must be effected within 14 days

• a signed document with appropriate recorded data should be issued to consumers that hand in faulty goods for repair

• where refunds are due to consumers, a credit note or voucher should not be offered in lieu of a refund unless the consumer prefers this;

• toys should bear the CE or UKCA safety marking on them or their packaging

• information relating to sales or promotions should not mislead, deceive or take advantage of consumers

• when a deposit is taken, a receipt must be issued with terms and conditions and relevant information pertaining to it

• any guarantees should come with written terms and information on jurisdictional applicability should be provided

The full text of the code of conduct is accessible from oft.gov.gi/documents/codes-of-conduct
Anyone interested in receiving further information on the codes or any other consumer related matter can contact the OFT’s Consumer Protection Team on 20071700 or consumer.protection@gibraltar.gov.gi
You can also follow the OFT on social media.

Being safe is easy, we just need to take a swift look around to see that most people find it easier to do what everyone else is doing. Short term maybe.  Long term? I don’t think so.  Short term gratification never supercedes long term satisfaction. However, fear is a powerful motivator and it takes courage to stand up to it and let it crumble.

When people feel afraid, they wedge themselves into a comfort zone.

When fear sets in people wonder who or what can they turn to. Spouse? Family? Children? Alcohol? Anger? 

When fear takes hold, we turn to something that seems to offer safety. But, instead of finding a comfort zone this is the time we need to turn inward and seek out our own power, our sovereignty, our inner light. And find others who are doing the same.

The boat becomes a symbol of safety, security and comfort. We all have one and for sure, it plays a part in the process of life by providing a safe place to lick our wounds, recalibrate, recharge and get ready to set off again. But not when it becomes a refuge from taking responsibility for your role in life and living out the purpose you were put here for. Then it becomes a grave! What is your boat? 

If you want to know what your boat is just listen to your inner voice of worry. Your boat is your comfort zone where you feel safe but it is not actually protecting you from anything. Fear is what keeps us in the comfort zone but fear of what?  Fear of speaking your truth and living the best version of yourself. Fear of failure? Fear of ridicule? Fear of what others might think? Fear of not being enough. Fear of your own inner light? Your power?

Anyone can stay in a comfort zone and, sadly, most people do but what we tend to forget is that when we have the courage to believe in ourselves and step out of the comfort zone the Universe conspires in our favour and moves us forwards in ways we could never imagine.  Or, as Paolo Coelho said, “And when you want something, all the Universe conspires in helping you to achieve it.” 

When you are called to leave the boat, your perceived sense of safety is threatened. It is scary and we can talk ourselves into all sorts of reasons to stay in the comfort zone. Fear versus love and we all understand the power of fear these days more than ever.  But remember your boat is what is keeping you from shining your light and becoming the best version of yourself you can possibly be. 

During this current period of immense transformation such as the world has never experienced before, it seems more important than ever, that as individuals, and in groups, we decide to ‘step out of our boats and walk on the water’ as it says in the bible.  I find the metaphorical nature of the bible stories to be a very beautiful and accessible means of helping me understand and navigate everyday life. 

Step out of your fear and into your power.  Identify what you will most definitely regret if you stay in the boat. The thoughts and dreams that keep coming back to you are your callings. Are you prepared to hide from them rather than be the one who is prepared to be different? Be prepared to speak your truth, risk losing some people (that need losing) and finding others who are also prepared to speak their truth and pursue their dreams is essential at this time. We need to let go of people, places and things in order to create the space for the new to enter. And remember the power of five – that we become the average of the five people that we spend most time with. So, take a few minutes to identify just who those five are.  They include those you interact with on any medium, in person or otherwise, and also maybe a teacher you are studying etc.  The key thing is to be the one in the middle in terms of your aspirations. You have two to aspire to and two who aspire to you. Be honest with yourself about your five as they will literally keep you in the boat or help you to step out of it 

Don’t ever be afraid to go out on a limb, to be different. It is tough, no one ever said it was going to be easy but, hanging on in there in the boat, the comfort zone, with people who do not have the courage to step into their power is a much more dangerous place to be than out dealing with the storms of life alongside those who know that standing together in their light is the way to come through those storms. Whether you are a follower or a leader doesn’t matter, what matters is that we each take responsibility for striving to be that best version of ourselves that we can be and supporting others to do the same.  Be in someone else’s power of five and keep it growing and evolving. Allow your fear to transmute into love and remember that Love is Letting Go of Fear (Jampolsky 1979).    

Fear paralyses our vision and as Helen Keller said, ‘having sight but no vision’ is a fate far worse than being born blind. 

As we are liberated from our own fear our presence so liberates others. So, ask yourself, who are you to not shine your light and thus inspire others to do the same?

Kate Mchardy MA(Hons) PGCE MSPH Spiritual coach, teacher and healer. katemch@gmail.com / Tel: +44 7712889534. Facebook: The University of Light Group / Readings at The University of Light (@tarotangelspiritreadings). 

ARIES (Mar 21 – Apr 20)

Education is high on your agenda this month, Aries. It is likely to be a course you have already started and taken a break from or a course that you have been thinking about for some time. Either way, go for it!

TAURUS Apr 21 – May 21) 

Great rewards come to those who stand firm and are prepared to stand out from the crowd, Taurus. It is likely that you’ll be tested in this way but you have the self- confidence and self- respect to do so …. and you’ll be rewarded indeed,

GEMINI (May 22 – Jun 22) 

As we move into Spring and new life appears all around us, we feel the energies of the planet changing also.  The planet is moving forward into a more spiritually based epoch with materialism losing its grip. Ponder on this awhile, Gemini, and see where it takes you. 

CANCER (Jun 23 – Jul 22)

Your success is assured this month, Cancer, as long as you are prepared to take a fairly big risk! Your mental and emotional response to the outcome will  serve as a blueprint for you in the future. So do not doubt yourself and you’ll grow in faith exponentially. 

LEO (Jul 23 – Aug 23) 

An old friend turns up out of the blue, Leo and takes you by surprise. Trips down memory lane can be both healing and enlightening and this one will be both. It’ll also answer a question which has long made you curious.  

VIRGO (Aug 24 – Sep 23)

An old chestnut that you thought you had dealt with pops up again this month, Virgo. So frustrating but it happens.  The good news is that it means that you are making great progress and just need to let go of the last residues of the things that hold you back. 

LIBRA (Sep 24 – Oct 23) 

Make sure that you have put the finishing touches to your plan, so far, Libra.   It is worth taking a final raincheck before plunging in. You have past experiences to learn from and use to refine your plans and you have now to create the bright future you desire.

SCORPIO (Oct 24 – Nov 22) 

You have been banging your head against a brick wall recently trying to figure out the answer to something, haven’t you Scorpio?  Now, stand back and allow the Universe to step in and you’ll find the answer lands right in front of you.  The Universe always knows best!

SAGITTARIUS (Nov 23 – Dec 21) 

A short trip is in order this month, Sagittarius. You know that you have been yearning to do this for a while so give yourself permission and just do it.  If a friend cannot make it this time, then you bite the bullet and go on your own.

CAPRICORN (Dec 22 – Jan 20) 

It is easy for you to feel overwhelmed at this time, Capricorn and slightly difficult to be clear on your best path forward. But the truth is that you can start anywhere to heal the fear and confusion. Do not underestimate the power of intention and kind words.  

AQUARIUS (Jan 21 – Feb 19) 

This is a good month for you to take some time out to recharge and recalibrate, Aquarius. Make the time for yourself to do this as not only will you benefit but so will everyone else you come into contact with. 

PISCES (Feb 20 – Mar 20) 

You’ll be called upon to stay strong for someone else this month, Pisces. So, listen to your gut instinct and quietly but firmly speak your truth. It is not always easy to do this but so often this is the way.

Hopes for peace in Ukraine have been shattered mercilessly. Sadly the world watches with bated breath as a country of 45 million is slowly and systematically reduced to rubble. Nobody wants another war and yet this one is unfolding in front of our eyes and we cannot wish it away. What we might have taken for granted barely a few weeks ago has dissipated in clouds of belching smoke. Some of that smoke dangerously close to a nuclear power station reputedly six times larger than Chernobyl.  Our sense of peace and security has been roughly shaken and no one really knows what the outcome of this military occupation of Ukraine by its powerful neighbour will be.

What we do know and can see is a humanitarian crisis unfolding as thousands of ordinary folk are ousted from their homes by shelling and missile attacks. They are now refugees struggling to find new homes elsewhere. Outside the country in which they were born and at the mercy of humanitarian aid, potentially millions of displaced Ukrainians will face poverty hunger and cold as well as the great sadness of being made homeless by a ruthless war which was not of their making.  

Did NATO military strategists factor in these dire consequences when they were helping Ukraine, taking into account the country’s aspirations of joining the Alliance and how that might affect future relations with their Soviet neighbour?  I doubt that anyone foresaw Putin mounting an invasion of Ukraine. As the world wide sanctions start to bite, the ordinary people of Russia who have had no say and carry no blame for the invasion of their neighbour, will suffer needlessly but much less than the Ukrainians who have been invaded, and it remains to be seen whether the plight of the lower Russian classes will move the Kremlin elite anywhere near a negotiated settlement for a peaceful future in the region. The war seems to have stalled as peace talks continue but no one really knows when and how a settlement might end the conflict.

There is a maxim which says ‘the first victim of war is truth’ and there is little chance of discovering what that might be in the midst of the propaganda and political grandstanding emanating from all sides East and West. No war before this one has ever been conducted ‘online’ with the instant communication now available at our fingertips and the probability of countless keyboard warriors waging their own misinformation wars is quite high. Where will this lead when we already know that in war nobody wins? Throwing questions up in the air throws up more questions and the as news changes by the hour so does our perception of it too. As I revise this text (I write on 18th March) I have a feeling that only a negotiated settlement between Russia and Ukraine will bring lasting peace. Continued fighting will only bring more death and destruction to a beautiful country and I am sure that no one wants that. 

Looking back at history now might help us understand the past but it doesn’t prepare us for the present or the future because since the dawn of man we have been fighting each other for dominance. In the natural world this territorial streak in animals somehow manages to keep the animal kingdom in balance because no species is strategising to wipe out all opposition and control all the food supplies. When man learned to trade he unlocked the door to greed and as ‘progress’ dictates that as we must move forward, the speed at which we move is relative to how our trading partners are dependent on what we have to sell and how much of it they can afford.

 It’s a precarious balance at best and historically conflicts play out in a way out that invariably sees the poor working for the rich and the rich getting richer until there is a revolution and the balance of power changes. As the people start a new journey which always promises freedom and progress at first, there follows a period relative peace and prosperity, however that too will be tainted by greed and the hunger for power. The circle of life is not a happy one and as stewards of this planet we have not yet learnt how to look after it in a cohesive and structured way that might benefit all of us and not just some of the privileged nations. 

This is where we are today and we don’t like it but we have to steady ourselves and bear it. The question is what is Russia’s end game in this war and can the West help to find a way to broker a peace agreement that will stabilise the region? Will sanctions alone stop this conflict – as the Russian invaders will have also factored sanctions into their plan? Sanctions and counter sanctions will bite back and unsettle progress at a time when we might have just started to understand ourselves a little bit better. Global cooperation has been possible recently as seen in the last three years through the efforts to fight and overcome the Covid pandemic. Let us hope that the same spirit of cooperation still pervades and brings with it a renewed chance for world peace which we sorely need in order to survive in a free world.

To improve the quality of life, you do not need to do a significant overhaul

.You can make some tweaks. Take a few steps. Your days can be more meaningful with some habit changes.

The significant part of improving your life is that it can start today.

Self-improvement doesn’t have to be all or nothing. It is possible to make some slight changes to how you are living your life.

The key is consistency, determination, a willingness to change, and a desire to try new things.

If you want to make a quick impact on your life, there are some simple yet powerful things you can do today to turn your life around.

The point of making changes is to live a more prosperous and happier life. 

Anna Meylakh is an Executive Coach of Coaching Buro. These are Anna’s suggestions on how to feel great:

1. Start your day with a positive thought. Getting into the habit of thinking a positive thought the moment you open your eyes in the morning will immediately put you in a good mood. Embrace this new day. There is always something to be grateful for or excited about.

2. Make your bed first thing in the morning. This simple routine doesn’t require much effort or time, but it will make you feel like you have already achieved something and set you in a productive mode for the day.

3. Do a 5 min breathing meditation. You don’t need any apps or external guidance. The traditional Buddhist meditation is simply sitting with your spine straight and eyes closed and focusing on your breath in and out. Set a timer. Meditation is scientifically proven to calm our minds, improve memory and boost mood.

4. Say your affirmations. Say 6 things to yourself that you need to hear the most, always in present tense. For example, ‘I am healthy, I am strong, I am smart, I am loved, I am prosperous, etc.’ You can say these affirmations silently or out loud. Some like to do it in front of the mirror to make it feel even more reassuring.

Michelle Ensuque is the Director of Meliusse Coaching.  She states

‘Take care of the little things and the big things will take care of themselves.’ I grew up with that phrase and it is so true. I seemed to have a great capacity to dig deep when there was a crisis but the little things that stacked on top of each other could really get to me.  Here is what I have learned to do over the years:

Set reminders. My brain used to be able to retain any bit of information needed, even telephone numbers at the drop of a hat.  Now, I’m lucky if I can remember my own number, never mind anyone else’s.  But what if it’s remembering special events like someone’s birthday, a school event or a bill you have to pay or an auto renewal you need to cancel?  The fast-paced life in which we live, juggling work, family and domestics, means it’s easy to forget these things. Instead of berating yourself for forgetting, set a reminder on your phone with alerts to help you remember them. 

Prompt yourself in setting a goal.  Create a screensaver on your phone or other device to help you achieve something. Seeing it every time you use your device, and bringing your goal to conscious awareness means you are much more likely to achieve it.

Start and end the day with a positive thought. As human beings we are always trying to protect ourselves and are thus looking for the negative in any situation, but it can drag us down if there is no positive balance. If we can start and end our day with a positive thought, and take time consider what we have achieved, the mind starts to look for more and more positive things, which results in us dwelling on the negative less.

Decide the priorities. Sometimes it can feel like everything needs to be done, but does it?  What if we stepped back and asked ourselves, ‘OK, I don’t have time to do all of these tasks, so which ones really need to be done?’ It might actually feel like there is some space left in the day to do something else far more fulfilling with instead.

Treat yourself like you would your best friend. Imagine you have a problem and you keep churning this problem round and round inside your head, not getting anywhere. If your best friend was experiencing the same issue, what questions would you ask them to help find a solution? Now ask yourself those same questions.  Known as Solomon’s Paradox (the ability to give someone else advice rather than ourselves) you will often be amazed at the response your brain gives you in its role as wise counsel. 

Become curious and experiment. How many of us are really curious about our world? When we were children, we did it automatically, as a way to learn, but as adults, we seem to be less curious and more introspective. We tend to live our lives (personal and professional) to a set of expectations, often imposed by ourselves, based on our experiences and what we hear, see and feel around us. What if we decided to ask ourselves, ‘I wonder what might happen if I did this or that?’ If we stopped to be curious about other people’s lives, what might we learn that would enrich our own? It can be the simplest thing, but the reward might be far greater than you imagine. 

Anna Meylakh, Executive Coach of Coaching Buro 

Michelle Ensuque: Director of Meliusse Coaching

Gibraltar has an ever-strengthening property market with more and more individuals taking a bite at the property development cherry – something which was once considered to be only Government or wealthy investors’ territory. 

This interest is more than likely due to the high real estate prices we are experiencing in Gibraltar; individuals finding themselves unable to afford even the first step onto the property ladder, and, as a result, becoming more commonplace for individuals to take on development and renovation projects themselves. Gibraltar’s old town is a perfect example of this, albeit not the only area of Gibraltar experiencing such development. It is also increasingly popular for property owners to re-model their current properties to maximise the value of their property before selling, allowing them to upgrade to a larger or better located home for their needs.  

In both instances, structural work is highly likely to be undertaken and there are many important steps to follow when doing so. 

Permits 

There appears to be a wide misconception amongst the general public that permission from the Development and Planning Committee (DPC) is the be all or end all.  In fact, different building works require different planning applications and different permits.  

Building Control is part of The Department of Town Planning and Building Control but works independently of the Town Planning Section in undertaking this function.

Both sections work under different Acts:

Planning: Town Planning Act 2018

Building Control:
Public Health Act 1954 Sections 44 to 55.

The primary function of the Building Control service is to protect people’s health and safety in the built environment and issue the requisite Certificate of Fitness for completed compliant works in accordance with The Public Health Act Section 55.

Before undertaking any house renovation or development works, owners need to obtain the necessary and relevant planning permits.  These are:

•
Building Control (for any internal layout alterations which would include the replacing of Fire Doors with non-compliant ones and structural works);

•
Town Planning AND Building Control (for any works involving the external works of the property / change of use / structural and alterations of the internal layout of the premises, which would include the replacing of Fire Doors);

Notwithstanding the above requirements the Management Company is required to be advised of the proposed works as it may be required by the terms of the lease.

Once works applied for, permissions issued and are satisfactorily completed, a Certificate of Fitness is issued.

Many properties contain restrictions within the lease stating that consent from the management company is required if making alterations to the property. This means that despite a planning or building application being approved by DPC / Building Control, the management company could reject or prevent works being undertaken as doing such works could be a breach of the lease.  

The onus is always on the owner/developer to obtain the required permits and to ensure the building is safe, however Building Control ensures that the new build is structurally sound and compliant with relevant Parts of the Building Rules in order to be occupiable.

The following require an application to be submitted:

Internal alterations

• Removal of original Fire Doors

• Alterations to the Fire Alarm System

• Alterations to the Electrical installation

•
Removal / alteration of partitions – alteration to flats / house layout / commercial units / offices

•
Removal / alteration of load bearing walls – alterations to flats / house layout / commercial units / offices

•
Installation of air conditioning units and associated works

In the event that the owner proceeds with such works without the management company consent, problems could potentially arise when looking to sell the property.  Where there is a management company, the management company has to approve the sale of the property.  In the event that works have been undertaken without the authorisation of the management company, such approval may not be granted meaning that the sale of the property would not be approved.  It is therefore strongly recommended that the owner always seeks approval from their management company. 

Certificate of Fitness 

The Certificate of Fitness is a crucial document issued by Building Control when structural changes have been completed on a property. If there has not been a certificate issued when the owner comes to sell, the property may be considered “non-compliant”. Correcting this can cause significant delays and substantial cost to the sale of the property.

Non-compliant properties 

There are frequent cases where we have dealt with non-compliant properties, mostly being properties which have undergone building works without the proper permits.  Common examples of these are where walls have been knocked down to maximise space e.g. maybe the partition walls between the kitchen, living room and hall wall have been removed to make an apartment open plan, or even just one wall or corridor has been removed to, say, increase the size of a bedroom. 

If, when doing so, the proper permits are not obtained, the property may be non-compliant. When selling the property, the owners will need to produce a certificate of fitness and, should the necessary permits not have been granted, Building Control will be unable to issue such certificate. In this instance: 

•
Best case scenario: a substantial delay whilst the owner retrospectively applies for planning permission, however, this will only be granted if the property complies with all building and safety regulations.  Once retrospective permission is obtained and the property inspected a certificate of fitness would then be issued. 

•
Worst case scenario: if the property is found to be non-compliant, the property owner will be required to undertake further building works, to make the property compliant, such as replacing the walls that have been removed, or replacing fire doors if these had been removed. 

In some instances, the purchaser may agree to take on the responsibility to apply for retrospective planning permission or to undertake the works required him/herself and often a lower purchase price is agreed in order to cover this expense.   

Banks and Borrowing 

Another major blocker is that banks will generally not lend on a property unless there is a certificate of fitness in place.  In some cases, if there is no certificate of fitness, banks may agree to lend on the condition that the purchaser provides an undertaking to the bank that he/she will undertake the building works required.  The bank usually requests that this is done within 3 months of completion of the purchase of the property. Depending on the extent of building works and complexities involved, the time in which a certificate of fitness is obtained could be 3 months. 

It is therefore very important that owners seek the proper permits before undertaking the initial building works to ensure that upon completion of works the certificate of fitness will be issued and that any additional costs or delays are avoided when it comes to selling. 

Celebrates Topping Out Ceremony Despite Stormy Weather

The Marina Club Gibraltar, the latest waterfront residential development by Fairhomes, celebrated its successful structural completion on Friday the 25th of March with what is known as a “Topping Out Ceremony”.

A Topping Out Ceremony is a tradition in which the last structural beam is placed on a development, an important milestone for any construction, and symbolises positive endeavours, good luck for future occupants and continued growth.

The Marina Club is already a roaring success, with all units now sold out, and forms part of a wider expansion of the facilities within Marina Bay and Ocean Village, including additional Superyacht Berths which are designed to attract even more of the world’s most breath-taking vessels to Gibraltar’s vibrant marina community.

In attendance was His Excellency the Governor, Vice Admiral Sir David Steel, and the Honourable Chief Minister Fabian Picardo QC MP.

Despite the stormy weather and the heavy red sand “Calima” the day before, the ceremony drew a crowd of around 100 guests. Cava and a variety of canapes were on the menu, with a delightful cake depicting the Marina Club five separate three-storey buildings, painted in pastel colours, complete with swimming pools and Jacuzzis.

Hernan Amadeo D’Adamo, Marina Club PMO Director said: “We can proudly affirm we constitute the only full spectrum property development company in Gibraltar.

The construction expertise of our Project Management Organisation’s professional team of 8 engineers and architects ensured that this large project family of local designers, marine operators, contractors, and international specialists worked effectively and safely together to successfully complete this challenging project stage, developing local marine construction capabilities putting a strong focus on the local environment, residents, and local businesses.”

Hernan continued: “Finally, my thanks again to all who have been and are involved in the creation of this new development and we hope that once the massive advantages, of this more environmentally friendly approach, of building over the sea are appreciated, then Gibraltar will in the future, build over the sea, for the benefit of Gibraltar.”

The exciting Marina Club project consists of 144 waterfront rental apartments, comprising over 10,000 square metres of residential space in five detached three-storey buildings, finding itself just a two-minute walk away from World Trade Center Gibraltar, the most globally connected office building in the region.

The project is only a ten-minute walk to the Gibraltar International Airport and the frontier with Spain and is planned to be completed by the end of May 2023.