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 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 developer insists that the apartments and duplexes will offer clients “affordable luxury in a secure, car-free and clean environment, close to all that matters. They come with the added value of some of the most exciting investments and retail options so lacking in the south,” according to the press statement.

“The entire project is to be built all at once,” said Andrew Gatt, Sales and Marketing Manager at The Shoreline Residence Ltd. “The shopping mall is set to open to the public in Q1/2022, handover of the first finished units to clients is scheduled for Q3/2022. Meanwhile, the Shoreline is currently evaluating the construction tender as construction works are planned to start by the end of this year.”

In terms of environmental responsibility, Maltese company En-sure Ltd is carrying out site monitoring following international standards, using sampling protocols in accordance with approved method statements.

Block A will be composed of 18 two-and three-bedroom units with panoramas, while Block H will present a foreshore row of terraced units on three levels with private lifts that offer views on the Mediterranean Sea.

There will be approximately 370 luxury apartments, served with a two-storey, double-height shopping mall covering 25,500 square meters, with space for underground parking, overlooking the Smart City Laguna, recreation areas and other amenities. “The Shoreline is considered as one of the largest private construction projects in Malta to date,” the developer says.

As these residences enjoy a Special Designated Area Status (SDA), they can be purchased by both EU and non-EU nationals with the same acquisition rights as Maltese citizens, and without the need to obtain Acquisition of Immovable Property (AIP) permits, as the press statement sent to BM says.

Polidano Group started works on The Shoreline Residence’s multi-purpose project at Ricasoli near SmartCity Malta in mid-May. Malta-based Polidano won a tender for the complete excavation of the site of the residential and retail project.

The post The Shoreline project announces two residential blocks 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.

Parliamentary Secretary for Planning and the Property Market Chris Agius said that this land transfer represents another favourable investment for the Maltese environment. He also explained, according to the press release, that this project represents one of the many works that the Lands Authority carried out to return the public land to the people of Malta.

“This is a step about the future because our country’s identity is formed by the memory of our historical experiences across the centuries, and our blending with other people and countries,” said Minister for Education and Employment Evarist Bartolo. “This place for researchers will also provide an experience which is open to the public.”

In addition, Mr Bartolo stressed the importance of promoting languages to permit the introduction of new workers who will able to carry out research in the archives, according to the press release.

“The government is committed to continuing constantly raising our country’s standard of living. It was, therefore, my greatest pleasure when, a month ago, together with the Prime Minister and my colleagues, I had the pleasure of announcing the Malta National Park, which will be implemented on 450,000 square metres of public land for the benefit of the people with 50,000 square metres among these available,” said Minister for Transport, Infrastructure and Capital Projects Ian Borg.

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The Shoreline received the definitive approval of its development application by the Planning Authority (PA) in March. What the developers describe as a “landmark project” on the east coast of Malta should see excavation works winding up by end-October 2019.

The first phase is divided into two parts; the preparatory work for excavations and the direct digging for construction purposes. The earmarked site will be excavated down to five levels to accommodate one double-height retail area, and three levels of garage spaces for over 1,000 cars.

Residential and retail

After the excavation finishes the main contractor will be selected for the construction of The Shoreline — 370 luxury apartments, a two-storey, double-height shopping mall covering 25,500 sqm with underground parking and recreational areas overlooking the Smart City Laguna.

“Our vision is to create a great place to establish roots, raise a family, and appreciate the great views — in one phrase: to enjoy the superb location close to all that matters. When one considers all tangible and intangible aspects of these properties, one realises that The Shoreline is truly offering affordable luxury in a safe, car-free and unpolluted environment,” said Andrew Gatt, Sales and Marketing Manager of The Shoreline Residence Ltd.

The Shoreline appointed En-Sure as environmental site monitors. En-sure carries out such site monitoring in accordance with international standards, using sampling protocols in accordance with approved method statements, the press statement says.

“We recognize the importance of environmental responsibility, which includes on-going environmental monitoring according to a comprehensive suite of parameters that comprise air quality, noise and vibration, among others. The good news is that some 90% of the 230,000 cubic meters of rock to be excavated will be used again as recycled material,” said Ben Muscat, Chairman of The Shoreline Residence Ltd.

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