This Extraordinary General Meeting was the second in three weeks, the first meeting was held on 21 June. Both of these meetings stressed the importance of safety and avoidance of damage to third-party property.

Substantial progress has been made since the last EGM, states Perit Simone Vella Lenicker, President of the Kamra tal-Periti. Concerns addressed in the last EGM are now included in the current Legal Notice 136, regarding the Avoidance of Damage to Third Party Property. The Kamra’s insistence that registration, licensing and classification were needed for safety and quality on construction site brought about the setting up of a register of contractors, which was announced Minister for Transport, Infrastructure and Capital Projects Ian Borg and parliamentary secretary Chris Aguis together with the Kamra tal-Periti and the Malta Developers Association. The register will be followed up later this year by the establishment of a system of licensing and classification.

The Kamra tal-Periti has drafted proposals for a new Legal Notice which are expected to address the current decline being experienced by the industry following the introduction of the new regulations on 25 June, particularly on sites where demolition and excavation works cannot proceed without the appointment of a Site Technical Officer, says the press release sent to BM. Discussions are currently underway with the government on these proposals.

The proposed system will start off with three Registers: Building Construction, Excavation and Demolition Contractors, stated Perit André Pizzuto, Vice President of the Kamra tal-Periti. These are further classified on the basis of risk, namely High, Medium and Low Risk. The perit [Maltese word for architect] in charge of a new project would commission or carry out a risk assessment and indicate the type of contractors required to carry out the planned works, according to the press release.

The Site Technical Officer introduced in the Legal Notice is still maintained, however, the minimum qualifications held by such person would depend on the risk category in which the contractor is registered.

During the EGM it was agreed that a number of points with regard to Legal Notice 136 of 2019 need to be addressed without further delay. These mainly include: the role, responsibilities and competencies of the Site Technical Officer; a clear distinction between the works specifications that must be prepared by a perit, and the method statement which must be prepared by the contractor in order to state how the specifications are to be implemented and achieved; a clearer distinction between temporary and permanent works; and also the removal of various inconsistencies between the Maltese and English versions of the Legal Notice. The Kamra tal-Periti will be requesting further meetings with government to address such issues, says the press release.

Support from international associations

The Kamra tal-Periti has received letters of support for its position from the international community of architects, in which they were praised for their work on ensuring that historically established lines of responsibility on construction sites, in accordance with international practice in all developed countries, are maintained and strengthened.

“The Union commends the profession as it advocates clear and rigorous guidelines describing the responsibilities of the various stakeholders on construction sites in the interests of safety and quality of the built environment,” says Thomas Vonier, President of the International Union of Architects (UIA)

The Union of Mediterranean Architects (UMAR) held their 25th General Assembly in Rome and recognised “the Maltese profession in its efforts to retain its independence and impartiality, and for promoting clear and strong guidelines delineating responsibilities of the various stakeholders on construction sites in the interests of safety and quality of the built environment,” according to Wassim Naghi, President of the UMAR. “The General Assembly also supports the Kamra tal-Periti in its strong calls requesting government to immediately allocate sufficient and adequate resources to the local Regulator in order to allow it to carry out its statutory functions in a timely and efficient manner in the interest of public health and safety on and around construction sites,” notes Mr Naghi.

Turbulent times

After the walls of three buildings collapsed in the past two months in Malta near construction sites, forcing the government to temporarily halt demolition and excavation works, the Kamra called for an extraordinary general meeting.

Prior to the EGM the Kamra published its preliminary position, and after the EGM the Kamra pledged commitment to improving the public safety of citizens and urged the government to enter discussions with the association.

The Kamra also welcomed the recent listing of licensed masons published on the website of the Building Regulation Office (BRO). 

The Kamra sent a letter to the minister, asking to clarify a number of points. At the same time, the Kamra also asked for a meeting prior to the publication of the legal notice.

Kamra tal-Periti met the government to discuss the new regulations that were brought into force, during which the association outlined its issues with the current regulations, and the positions voted upon in the extraordinary general meeting on 21 June.

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“The Kamra also expressed its deep concern for public safety due to conflicts between the Civil Code and the new regulations, and the confusion surrounding the apportionment of responsibilities,” the press statement says. “The Kamra tal-Periti also insisted on the urgency for the setting up of a system of registration of contractors so members of the public, and periti [Maltese word for ] themselves, can begin to regain confidence in the industry,” the statement added.

The association and the government also agreed to hold further meetings to discuss amendments to the new regulations that will be proposed by the Kamra together with its team of legal consultants for Government’s consideration. “The Kamra tal-Periti reiterates its commitment to assist the government in fulfilling its intention to bring about a positive reform of the industry in the interest of public safety,” the press statement notes.

The Kamra tal-Periti press statement raises concerns over Regulation 26 states that “[w]hen before the start of the works, the perit in charge of the project certifies, after giving clear reasons, that the structural interventions will not affect third party property, the provisions of regulations 4, 5, 6, 7 and 8 do not apply”.

According to the association, this regulation “implies that if a perit [architect] certifies that no damage will occur to third-parties during works, the entire set of regulations can be circumvented. If damages do occur, the perit [architect] issuing such certification would carry personal criminal and civil responsibility for anything that happens, even when the contractor is at fault.”

The association says that this has put members of the profession under immense pressure to sign such declarations as contractors and developers are incurring extremely high costs due to the effective suspension of works. “The Kamra has received multiple reports from members of the profession who received personal threats as well as threats of crippling and vexatious lawsuits if they do not sign such declarations,” the press statement adds.

After the walls of three buildings collapsed in the past two months in Malta near construction sites, forcing the government to temporarily halt demolition and excavation works, the Kamra called for an extraordinary general meeting. Prior to the EGM the Kamra published its preliminary position, and after the EGM the Kamra pledged commitment to improving the public safety of citizens and urged the government to enter discussions with the association. The Kamra also welcomed the recent listing of licensed masons published on the website of the Building Regulation Office (BRO). The Kamra sent a letter to the minister, asking to clarify a number of points. At the same time, the Kamra also asked for a meeting prior to the publication of the legal notice.

The post Kamra tal-Periti meets gov’t as discussions start first appeared on The Malta Business Weekly.

“The Kamra tal-Periti has not been provided with a copy of said regulations, and the only information we have so far is the following: (a) The Ministerial Statement by the Minister for Transport, Infrastructure and Capital Projects which one can find here; and (b) The Ministerial Statement read in Parliament by the Minister, together with the subsequent questions and answers, which one can follow here (minute 32.20 onwards),” the press statement says.

The Council of the Kamra tal-Periti says that “there is a lack of clarity between the principles made in the statement and certain statements made in Parliament,” while also notes that in the absence of having a copy of the Legal Notice in hand, “it is premature for the council to comment further at this stage,” according to the press statement sent to BM.

The Kamra sent a letter to the minister, asking to clarify a number of points. At the same time, the Kamra also asked for a meeting prior to the publication of the legal notice.

“Periti [Maltese word for architects] have been requested to inform their clients that the Legal Notice is expected to come into force today and that any obligations arising therefrom will be applicable to any ongoing demolition, excavation and construction works as per Ministerial Statement,” the press release adds.

After the walls of three buildings collapsed in the past two months in Malta near construction sites, forcing the government to temporarily halt demolition and excavation works, the Kamra called for an extraordinary general meeting. Prior to the EGM the Kamra published its preliminary position, and after the EGM the Kamra pledged commitment to improving the public safety of citizens and urged the government to enter discussions with the association. The Kamra also welcomed the recent listing of licensed masons published on the website of the Building Regulation Office (BRO).

The post Kamra tal-Periti sends letter to minister to clarify new regulations first appeared on The Malta Business Weekly.

The Code of Police Laws stipulates that it is not lawful to exercise masonry without a licence, which requires to give assurance to the architect in charge of the project and confirms that such a person is qualified to carry out such operations as having received the appropriate training.

“If any mason, through unskilfulness, imprudence or carelessness, shall, in the construction of any work entrusted to him, and appertaining to his trade, cause any injury to any person or property, it shall be lawful for the Court of Magistrates to interdict such mason from the exercise of his trade for any time to be stated in the sentence, ordering, at the same time, the withdrawal of the licence,” The Code of Police states, according to the Kamra press release. Therefore, the responsibilities arising out of the code are clear and no lesser legal instrument can be used to infer otherwise, the association says.

In addition, the publication of the list is welcome and it is expected that the BRO will not permit works to continue on any site where masons are found not to be on the list, the Kamra underscores.

Moreover, the Civil Code places the onus for the structural integrity jointly on the architect and the contractor. The Building Regulation Act also places the obligation on the BRO to issue licences and registration of masons, fire consultants, other consultants in the building industry, building contractors and tradespeople, the press statement says, the Kamra reminds.

The Kamra tal-Periti held an Extraordinary General Meeting (EGM) on Friday, June 21, to discuss the state of the Maltese construction industry, after the review of the Avoidance of Damage to Third Party Property Regulations draft and the interruption of all demolition and excavation activities on 13 June 2019. The Kamra says this very EGM was the largest in the history of its existence. This meeting was attended by approximately 400 architects, declaring the urgent intervention of the government in order to collaborate with the Kamra and to ensure the safety of people as a first priority.

In fact, after the EGM and following discussions, the Kamra tal-Periti reiterates its willingness to support the Maltese government in setting up systems for the registration and licensing of contractors in accordance with the BRO’s obligations as set out in the Building Regulation Act, according to the press release.

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The EGM stressed that no effort should be spared to ensure that the safety of people in their homes, and their quality of life, are the topmost priority of all involved in the construction industry, including the respective regulators.

The EGM also reiterated the profession’s full commitment to ensure public safety and urged the government to enter into discussions with the Kamra, as the sole and legal representative of the profession, rather than depend on advisors or entities which may not be adequately familiar with the technical and engineering aspects of the construction process.

The EGM was called after the walls of three buildings collapsed in the past two months in Malta near construction sites, forcing the government to temporarily halt demolition and excavation works. After consulting architects, the chamber also issued a preliminary position prior to the EGM.

“The time is long overdue for the government to properly address in a holistic manner, the problems besetting the construction industry, and not through a piecemeal approach,” the Kamra stresses after the EGM. “Hastily drafted and ill-thought revisions to a Legal Notice will not serve to ensure public safety, but rather serves only to confuse the various roles and responsibilities on construction sites. In particular, the EGM emphasised that under Malta’s Civil Code there are only two figures responsible for construction work, namely the Perit and the Contractor,” the statement notes.

“Consequently, the role of a site manager, as conceived in the Legal Notice, could only be assumed to be within the contractor’s setup, since the Contractor was obliged at law to understand and follow the instructions issued by the perit [Maltese word for architect], and be sufficiently knowledgeable to understand the significance of such instructions,” the press statement adds.

Taking responsibility

During the EGM, architects reaffirmed their commitment to take full responsibility for the tasks that were within their remit. They, however, demanded that the Maltese government “stops dragging its feet, and immediately takes the necessary steps to ensure that the framework which allows periti [architects] to ensure public safety is in place and effective.”

After the EGM, the association representing Maltese architects has come forward with the following demands:

• adoption of the amendments to the Periti Act, that the Kamra tal-Periti has been insisting on for the last 12 years, be approved, in full consultation with the Kamra;
• that the government enters into immediate discussions with the Kamra, on the Building and Construction Regulation Framework it has proposed, and to agree on its implementation within a reasonable timeframe;
• that, even before the setting up of the Building and Construction Authority, a proposal which the Kamra has supported since its inception, the government immediately provides the Building Regulation Office with all the necessary financial, human, and technical resources it requires to deal with its workload;
• and finally, that the government implements the obligations of the regulator as far as concerns the certification of all building products, both produced locally or imported, as required by the Laws of Malta since 2011.

Furthermore, the chamber says that any Legal Notice should, rather than contain technical detail that is better placed in building regulations, include provisions that empower the architect to suspend works, and lodge a report with the Building Regulations Office, without having to relinquish their commission, if the contractor or developer refuse to comply with the architect’s instructions on matters relating to structural integrity, the press statement adds.

Finally, the architects demand a clear separation between planning application and permitting processes, and the processes by which building and construction are notified, regulated and monitored. “Nearly five years have been wasted as a result of the misguided advice given to the government that the two processes should be brought together under the remit of the Planning Authority,” the press statement by the Kamra underscores.

The Maltese government halted all demolition and excavation works in the country on 13 June 2019, as an emergency action in view of the recent spate of structural collapses which occurred adjacent to construction sites. The Council of the Kamra tal-Periti considered this measure necessary, due to the potential risks to public safety. Therefore, Maltese Prime Minister Joseph Muscat announced that new regulations would be published regarding excavation and demolition works, in order to address a number of issues.

The post Architects urge gov’t to enter discussions in light of public safety first appeared on The Malta Business Weekly.

The Maltese government halted all demolition and excavation works in the country on 13 June 2019, as an emergency action in view of the recent spate of structural collapses which occurred adjacent to construction sites. The Council of the Kamra tal-Periti considered this measure necessary, due to the potential risks to public safety. Therefore, Maltese Prime Minister Joseph Muscat announced that new regulations would be published regarding excavation and demolition works, in order to address a number of issues.

Draft amendments to the Avoidance of Damage to Third Party Property Regulations were published on Monday 17 June 2019, concerning the following aspects: definition of site responsibilities, increase in insurance cover and requirement for its renewal, the process for the submission of the method statement and condition report — including regarding the need and frequency of geological and geotechnical surveys — exemptions and penalties.  

The Council of the Kamra tal-Periti together with its team of technical experts has reviewed the proposed draft and has issued a preliminary position to all the architects. The chamber has also reported as an Executive Summary the following Kamra’s initial reactions, as follows:

1. The rush to implement these piecemeal changes to the regulatory regime that governs the building industry is ill-thought. Our regulations and legislative instruments need a complete overhaul, as the Kamra has repeatedly stated since 2007. Attempting to amend the current regulations without having considered their impact on other pieces of legislation as well as on current practices and capacity of the industry is a recipe for further confusion and lack of clarity, rather than addressing the issues of safety which these changes purport to address. Even if the purported aim is to address the dangerous process of demolitions and excavations adjacent to existing properties, the Legal Notice proposes to address all other construction activities, but, at the same time, fails to address the other dangerous process of loading party walls, and their foundations, designed to carry two or three storeys, by many more floors.
2. The amendments claim to clarify the roles of the figures engaged on a site. However, there are glaring incongruencies with roles defined in other legislation, and rather than clarifying, the proposals introduce new roles without defining appropriate competences while ignoring the existence of figures already defined in other legislation, such as licenced masons. It also ignores the blatant lacuna regarding the legal obligation for registration of contractors, who are liable, as per Civil Law, jointly with the perit [Maltese word for architect], for the structural integrity of buildings.
3. The proposed processes for the submission of method statements, geotechnical investigation reports and geotechnical design reports are cumbersome and more intent on establishing who does them, who submits them, when and to whom, than on establishing the criteria for their preparation. The Kamra is of the opinion that this is a result of the lack of research to understand how such instruments are used internationally, and trying to adapt them to the local situation, with no regard for scale or complexity of projects.
4. The proposed draft seems to imply that the measures proposed therein are to apply retroactively to ongoing projects. This will have implications on the capacity of the industry to respond in a meaningful manner.

However, the proposed Legal Notice in its current form is not acceptable. The full version of the Kamra’s analysis on the draft will be published at the end of the consultation process following the EGM.

The post Kamra tal-Periti issues preliminary position prior to EGM first appeared on The Malta Business Weekly.

“The purpose of the meeting is to update its members on the developments that have occurred over the past few weeks, the progress made on its public consultation document A Modern Building and Construction Regulation Framework for Malta following its publication in May, closing talks held over recent months with government about the updated Periti Act, and to consult on the draft regulations to be published on Monday by government following the temporary suspension of demolition and excavation works,” the press statement says.

At the same time, the Kamra tal-Periti says it is in talks with various industry stakeholders about its reform proposals. The consultation meeting with the Malta Developers Association (MDA) originally scheduled for the end of the month has been moved to an earlier date of 18 June. “The Kamra tal-Periti and the MDA have reached an understanding that in this critical juncture for the industry, it is important to converge towards a common position for the good of the country. Further meetings are also scheduled to take place with the Chamber of Engineers, the Chamber of Commerce, and the BICC,” the press statement says.

The Kamra tal-Periti tags these times as a “crucial moment” for the industry, urging players to come together and seek convergence, while the “the Kamra will continue to take a leading role in ensuring that this takes place”.

In the light of the happenings of the past few weeks, the Kamra says that “the issues we are facing are complex, and the fast pace of the industry is stretching resources beyond capacity, yet none of this justifies the relaxation of standards and lack of diligence,” according to a press statement.

Malta’s Prime Minister Joseph Muscat announced on 13 June that all excavation and demolition works must stop until new construction site regulations come into force by the end of the month. Fines for those ignoring the halt are expected to jump from €2,000 to €50,000. This comes after the walls of standing buildings collapsed nearby construction sites during excavation and demolition works.

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