The Maltese government has shown commitment to establishing an authority to regulate the building and construction industry, which will be accompanied by the promulgation of new building and construction regulations in line with the Kamra’s proposals published last May. This is outlined in the Letter of Commitment addressed to the Kamra tal-Periti last week.

The new agency is tasked with the design, implementation and dissemination of policies together with the consolidation and review of laws and regulations, in the form of a national building code, as well as with carrying out all the necessary preparations to set up the Building and Construction Authority.

“This is an important milestone in ensuring better regulation of the industry, and the Kamra tal-Periti looks forward to presenting its proposals outlined in A Modern Building and Construction Framework for Malta to the Agency, with a view towards implementing them in the near future,” the Kamra tal-Periti says.

Consolidation ahead

“We need to ensure that the building and construction industry is regulated uniformly and with a clear direction,” said Minister for Transport, Infrastructure and Capital Projects Ian Borg, according to a press statement by the government’s Department of Information (DOI).

“We started working last year when we published the white paper for the setting up of the Malta Construction and Building Authority (MCBA) and consulted with all interested parties. The setting up of this Agency was the next step before we finally set up the authority in the near future. We should also remember that a few weeks ago we carried out an important reform in the same industry, to continue working towards more safety, responsibility and transparency. I am now looking ahead to the setting up of the MCBA,” the minister added.

The Malta Construction and Building Authority is expected to eventually consolidate the various current entities, in particular, the Building Regulation Office (BRO), the Masons Board and the Building Regulation Board (BRB) under one authority. This authority is tasked not only to focus on buildings during the construction stage but will also monitor the performance of completed buildings once occupied, the DOI press statement adds.

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.

EDITORIAL NOTE: The present article has been updated with a quote from the infrastructure minister and with additional information from the DOI press release, as well as the “Consolidation ahead” crosshead has been added.

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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.

The post Kamra tal-Periti applauds public list of masons first appeared on The Malta Business Weekly.