DIR 04/09 | Procedure for ‘Change of Architect’ and/or withdrawal from a commission

Directive Repealed

See DIR 04/22

Following the issue of MEPA Circular 03/09 and the subsequent issue of Chamber Directive DIR 03/09 dated 7 August and 10 August respective, representatives of the Chamber of Architects & Civil Engineers have met with the MEPA Chairman to discuss a number of issues associated with cases where a Client wishes to employ a second Perit to replace the one he/she had previously engaged and in cases where a Perit wishes to withdraw from a commission whether or not the Client has engaged a replacement.

Following the discussions held, it has been decided that with immediate effect, MEPA will revert back to the system as existed prior to the issue of its Cricular 03/09, dated 7th August 2009. Furthermore, and in order to improve the system and to avoid any misunderstanding, the following proceudres are to be adopted by all Periti:

  1. Termination by the Client prior to the Issue of a Development Permit
    The responsible Perit is to immediately inform MEPA of his withdrawal from the case and the subsequent relinquishing of all associated responsibilities, by means of a registered letter, with a copy to the Client and preferably also to the Chamber.
  2. Termination by the Client after the Issue of a Development Permit
    The responsible Perit is to immediately inform MEPA of the client’s instructions given to him/her and of his/her subsequent relinquishing of responsibility for any works beyond the indicated date, by means of a registered letter, together with copies of the said letter, preferably by registered mail to the Police Authorities of the locality where the development is taking place, the Local Council of the same locality, the Contractor, if applicable, to the Client and preferably also to the Chamber.
  3. Termination by the Perit originally engaged by the Client
    The Perit is to immediately inform the Client by means of a formal Withdrawal Notice sent by registered mail, declaring his resignation from the commission and relinquishing of associated responsibilities (save for works already carried out). If a permit a permit application is involved, the Perit is also to send a copy of the Withdrawal Notice to MEPA and if the permit has already been issued, further copies of the Withdrawal Notice are to be sent preferably by registered mail to the Police Authorities of the locality where the development is taking place, the Local Council of the same locality, the Contractor, if applicable, the Client and preferably also the Chamber.
  4. Taking over from another Perit
    Regardless of whether the commission of the original Perit engaged was terminated by the Client or by the said Perit himself/herself, the Perit engaged to take over, shall immediately advise the originally engaged Perit formally and in writing of his/her being requested to take over the commission. If a MEPA permit or application is involved, the second Perit shall approach the first Perit and request his endorsement on the appropriate ‘Change of Architect‘ form provided that it is either already endorsed by the Perit that is taking over, or the two hold a meeting and endorse the said form on the same occasion.

The Chamber of Architects and Civil Engineers is currently in consultation with MEPA in order to establish a mechanism through which MEPA, upon receiving the Notice of Withdrawal, will advise the Applicant/Client to terminate the works (if applicable) and appoint another Perit and furnish a ‘Change of Architect‘ form endorsed by both the incoming and the outgoing Perit within an established period of time in default of which the Application will be withdrawn or the Permit suspended.

Moreover, MEPA will be informing the Chamber of any instances where the Applicant/Client informs it that although he/she has requested the original Perit to sign the ‘Change of Architect‘ form the latter has refused, or is unwilling to do so and the Chamber will be referring all relevant cases for appropriate disciplinary action.

All Periti are to note that ‘Change of Architect’ forms should only be endorsed upon receipt of a formal request by another Perit and provided that either the form has been already endorsed by the Perit who is taking over or provided that a meeting is held between the two and endorsed by both on the same occasion. Moreover, all Periti are to inform their CLients of this accordingly. Periti are also to note that any pending issues between themselves and their Client, such as unpaid fees or similar, are not an admissible reason to withhold their handing over of a commission to a colleague and furnishing of the appropriate endorsed form.

Finally, the Chamber wishes to reiterate, as it has already done in previous directives, that it is a serious breach of the Code of Professional Conduct for a Perit to refuse to furnish his endorsement on a ‘Change of Architect’ form when requested to do so by a colleague who has been engaged to take over the works, provided that the said form has already been endorsed by the said colleague or that a meeting is held between the two to endorse the form on the same occasion. Moreover, it is also a serious breach of the Code of Professional Conduct for a Perit to take over a commission originally undertaken by a colleague without first informing the said colleague in a formal and appropriate fashion.

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CIR 02/09 | Procedure for when a Perit discontinues a commission and/or when another Perit is engaged to take over

Circular Repealed

See DIR 04/22

The Kamra tal-Periti would like to draw the attention of all Warrant Holders to the correct procedure to be adopted by Periti in cases when a commission undertaken on behalf of a Client is discontinued for any reason and/or when a Perit assumes responsibility for a commission originally undertaken by another Perit.

Warrant Holders are to note that these procedures apply equally to all cases across the board irrespective of whether the Client has decided not to retain the services of his original Perit any further or whether the Perit has decided to withdraw from the work for his own reasons. Moreover, the procedure also applies irrespective of whether there remain any outstanding issues between the original Perit and the Client or whether the Client decides to retain the services of another Perit or not.

Upon being informed by the Client that his services are no longer required or upon deciding not to pursue the commission any further, the Perit shall furnish the Client with a formal letter notifying his withdrawal and stating that he is no longer acting on behalf of said Client on the commission in question. A copy of the covering letter is also to be sent to the appropriate authorities (where applicable), and any stakeholders involved.

All Periti are to note that the withholding of the ‘Change of Architect’ form in such cases is considered to be a breach of Professional Conduct as is the resulting (or any other form of) obstruction of assumption of the work by any other Perit that the Client may subsequently wish to engage. Any pending issues such as outstanding fees or similar, that may exist between the Client and the original Perit are to be dealt with separately and do not constitute an acceptable reason for with holding the necessary documentation or for obstructing another Perit from resuming the work.

In cases where a Perit accepts a commission originally commenced by another Perit, correct procedures are also to be followed. Upon being engaged by the Client, the second Perit shall contact the first Perit and inform him formally in writing that he has been engaged by the Client to continue the works and shall also forward an endorsed ‘Change of Architect’ form (where applicable) unless this has already been furnished.

It is to be noted that the failure to inform a colleague of the intention to assume a commission originally commenced by the said colleague or the obstruction of the continuation of a commission by a colleague when on e discontinues the said commission or is no longer retained by the client, are considered to be a breach of professional conduct. The Kamra tal-Periti will take a serious view of any such incidents and any such cases brought to its attention will be dealt with accordingly.
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DIR 01/09 | Listing of details in the Yellow Pages publication

The Kamra tal-Periti has on various occasions in the past, and in accordance with directives given by the Council, drawn the attention of all practicing Periti to the correct procedure to be adopted for listing their practice in the Yellow Pages Directory and other similar listings.

The Kamra wishes to draw your attention again that any advertising has to strictly abide by the Code of Professional Conduct and thus only contact details (name, address, Warrant number, telephone, mobile and fax numbers, email address and website address) of the respective Perit or partnership are to be carried.

Agreement has been reached with the publishers of the Yellow Pages to expand the range of styles that can be carried in the publication and six types were agreed to. These are referred to by the publishes as normal and bold listings, extra lines and standard in-column text boxes. Samples of these types, using details of the Kamra as a specimen are shown below.

It is to be noted that no extra wording besides those indicated in the specimens shown, except for the Warrant number, will be allowed.

It is earnestly hoped that this arrangement is to the satisfaction of all and that all listing in the next publication of Yellow Pages will be in accordance with the contents of this directive. The Kamra has the assurance of Yellow Pages (Malta) Ltd that they will be abiding by this agreement and for this we thank them.

Do not hesitate to contact the undersigned for any further clarifications.

Perit Simone Vella Lenicker
Honorary Secretary

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