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.

The post Kamra tal-Periti calls for extraordinary general meeting first appeared on The Malta Business Weekly.