,

PR 10/18 | Feedback on White Paper – Renting as a Housing Alternative

Verzjoni bil-Malti

The Council of the Kamra tal-Periti congratulates the Hon. Parliamentary Secretary Roderick Galdes and his research team on the quality and thoroughness of the consultation process carried out regarding the White Paper titled: Renting as a Housing Alternative. This commendable effort should be set as a benchmark and a best-practice example for public consultation processes undertaken by other public entities in the future.

The White Paper is a well-researched and well-founded document. It properly identifies the problems with the rental market in Malta, and sets out a strategy to tackle these problems whilst keeping a balance between the interests of landlords and tenants. The impact of the current rental/housing crisis is clearly and frankly outlined. The White Paper argues that the causes for the rental crisis lie both in the “burgeoning economy” but also in changing household composition.

The White Paper quotes an increase in “family breakdowns” and “single individuals”, as one of the primary causes. However, the analysis of the quoted statistics shows that this trend, although significant, is of the same order of magnitude as the number of applicants under the IIP, and many orders of magnitude lower than the impact of the rapid expansion of the foreign labour market.

Nevertheless, the range of proposals outlined in the White Paper appear to have been carefully crafted to address current issues, without heavily intervening in market forces. This is commendable since heavy market intervention has proven unsuccessful in the past, in Malta and elsewhere. It remains to be seen whether the proposals will be sufficient to correct the current crisis.

The Council of the Kamra tal-Periti put forward various suggestions and observations on a number of matters in reaction to the White Paper, including on the following:

  • Rent subsidies, which the Kamra suggests should be converted to a housing allowance, similar to the British housing benefit, while however keeping in mind the risk that increasing liquidity in the rental market coupled with sustained population growth would result in further inflationary pressures;
  • The right of the landlord to withdraw from contracts in certain cases, which may give rise to abuse, since the objectives of the proposed regulation may be completely circumvented;
  • Pre-1995 leases, which are not addressed in the White Paper;
  • Affordable housing, which the White Paper terms as “the ultimate solution to the rental problem”, and the proposal for a “third sector” of housing provision, using innovative housing foundations or associations, or Public-Private Partnerships;
  • The introduction of Real Estate Investment Trusts (REITs), which the Kamra believes to be long overdue;
  • Reliance on private supply, which the White Paper declares to have “failed”, and which in the Kamra’s opinion is a result of the complete absence of the role of urban planning in addressing the housing crisis, and the absence of measures to create affordable housing through the planning gain instrument;
  • Social housing, which is sometimes confused with “affordable housing”, is a solution which the Kamra sees as a temporary solution for those citizens who require it until they are able to move on to better prospects, and the suggestion that schemes for people to buy out their allocated “social” housing should be discontinued, since this effectively diminishes Government’s social housing stock, and, as has happened in the past, effectively allows people to profit off public resources;
  • The introduction of habitability and quality standards, which the Kamra agrees should be introduced without delay since the current crisis is not only due to high rental prices, but also the poor quality of the part of the supply;
  • The importance of placing greater emphasis on the curbing of discriminatory practices against minorities and socially disadvantaged members of society, including low-income earners;
  • The compulsory registration of contracts of lease, which the Kamra supports completely; and
  • The proposed establishment of a Rent Agency, and the Kamra’s opinion that rather than establishing a new agency, the Housing Authority should be thoroughly reformed such that the regulation of the housing sector becomes its primary function.

 

The Kamra tal-Periti considers the White Paper as a positive document which, on the basis of detailed research, proposes a number of regulatory mechanisms to address the current housing crisis. The proposed mechanisms now have to be fine-tuned and embraced by the political leadership.

 

Read the full Consultation Feedback here

 

 

Print version
/by

KTP submits its Consultation Reply on the Kottonera Strategy document

The Kamra tal-Periti has submitted its feedback on the Kottonera Strategy document issued by the Cottonera Rehabilitation Committee as part of the public consultation process.

The Council of the Kamra tal-Periti welcomed the proposed Cottonera Strategy Document, which appears to have been prepared through a bottom-up approach which involved the residents, the Local Councils and the various entities which operate with the towns in the region. It is clear that this approach has led Government to have a good understanding of the problems faced by these localities, as well as to understand the various solutions which have been proposed by those who inhabit, or regularly visit, the area.

The Kamra has made four principal proposals in its consultation reply:

  1. Expansion of restoration grants in the Cottonera area
  2. The use of design competitions for the various public projects being proposed in the document to promote excellence in design
  3. The setting up of a Centre for Architecture and the Built Environment in the Cottonera area. Malta is indeed one of the few European countries not to have such a centre.
  4. Nine urban project proposals.
Read the full Consultation Reply

Click here for to read all the public consultation replies and press releases issued by the Kamra in the past few years.

 

/by

DIR 03/18 | Restoration Method Statements

Over the past few months, a number of periti have reported that after having submitted a Restoration Method Statement (RMS) to the Planning Authority, they were requested to submit “a new document, on office letterhead consisting of ONE page ONLY and stating ONLY the following…”. The rest of the request went on to dictate what should be stated in such one-pager.

This is not only unacceptable, but completely unprofessional, apart from undermining the standing of warranted Periti, particularly those specialised in conservation and restoration methodology, to have the content of their reports dictated to them. The RMS is an important tool in ensuring that restoration works are carried out with care and in a professional manner, and there is absolutely no reason for the Planning Authority to make this request, especially when one considers that in most cases the reports are being submitted in accordance with the Terms of Reference issued by the Authority itself (https://www.pa.org.mt/file.aspx?f=23154).

On the other hand, it is to be also noted that the Planning Authority has commented that not all RMS submissions are up to standard, oftentimes containing various mistakes and irrelevant information. It is therefore important that periti ensure that the quality of their submissions is maintained at all times.

The Council of the Kamra tal-Periti has raised its concerns on this matter with the Executive Chairperson of the Planning Authority, who agreed that this practice is unacceptable, while indicating that the Executive Council and the Director of Planning were not aware of this practice. They confirmed they would be issuing instructions to the officers concerned to desist from making further similar requests.

The Council of the Kamra tal-Periti would like to take this opportunity to thank the Executive Chairperson for his immediate action.

The Council has been requested to forward examples of such requests made over the last few months, and periti are therefore invited to forward the relevant application numbers without delay.

Finally, the Council is hereby issuing a Directive to all periti to ignore any further similar requests from the Planning Authority, and to report them immediately to the Council on info@kamratalperiti.org for further action.

 

Print Version
/by

Courts Registrar issues new call for Experts for 2019

The Registrar of the Courts of Justice of Malta has issued a call for Court Experts in terms of Art. 89 of Chapter 12 of the Laws of Malta.

The Kamra tal-Periti is hereby notifying all interested members of the profession to submit their nomination for 2019 through the registration form below.

Deadline for the submission of nominations was 30th November, 2018.

 

/by

International Architectural Competition “SCIENCE CENTRE”

The Ministry of Education, Science and Sport (Slovenia, EU), in cooperation with the Chamber of Architecture and Spatial Planning of Slovenia (ZAPS), has announced an international architectural competition for the “SCIENCE CENTRE”.

The central subject of the competition is the architectural design of the “Science Centre” building, the urban design of placement of the “Science Centre” building within the competition area, the survey solution for the entire OPPN 81 area and further in the process the acquirement of the designer of the project documentation for the “Science Centre”. The programme of the “Science Centre” will put the building at the crossroads of science, technology and culture by closely intertwining with economy, research activity and education. The “Science Centre” shall represent the interdisciplinary demonstration object and enable a test and presentation of new technological solutions or innovations, it shall be technologically advanced and innovative, a building, which will enable the placement of the latest technology and systems after the construction as well, and it shall be designed as an evolving building throughout a longer period of its life cycle.

 

Competition Page
/by

DIR 02/18 | Drawings, Design Documents and Intellectual Property

All warrant holders are hereby reminded about the scope of, and the implications raised by, the Kamra’s Directive 01/2015 relating to “Drawings, Design Documents and Intellectual Property of a Perit”.

In the light of the ever-increasing number of queries received by the Kamra tal-Periti from Periti and Clients alike, seeking to clarify the position as to their rights over the design-related documents created by a Perit, the Kamra tal-Periti recommends that such matters should be specifically dealt with, and agreed upon by the Perit and the Client, in the agreement / letter of engagement that should be entered into, in advance of the provision of the services in question.

In line with the guidance that is offered by Directive 01/2015, Periti should take the opportunity, when entering into the aforesaid agreements / letters of engagement with their Clients, to clarify all matters concerning intellectual property (IP) rights which they enjoy over design-related documents which they create, in accordance with local and European legislation, including the Perit’s right to retain ownership of the intellectual property (copyright), the Client’s rights and limitations in regard to the use of design-related documents, the format in which the design-related documents are presented to the Client, etc.

The Kamra tal-Periti is of the opinion that if the above-mentioned recommended measures of good practice are put in place, this would allow Periti to avoid situations of conflict, or of ambiguity, arising with their Clients on matters concerning the ownership and/or use of design-related documents by the parties involved.

Below is the original text of Directive 01/2015 with some additional clarifications.

 

Drawings, illustrations and/or other design documents are considered to be the Intellectual Property (IP) of the Perit that prepared them, and there exists no obligation to provide these to a third party save for the purposes of statutory requirements, if any, and provision of a printed copy to the Client.

The legal basis for Periti to retain ownership of IP (copyright in this case) is the result of Article 11 of the Maltese Copyright Act (Chapter 415 of the Laws of Malta) which stipulates that, subject to an agreement to the contrary between the author of the work and the third party individual commissioning same (the Client in this case), the first ownership of copyright vests in the author thereof (i.e. the Perit). The works in question and which Periti may be deemed to create and to author at law are “artistic works”, which term is defined by Article 2 of the Copyright Act to include “drawings”, “plans” and “works of architecture in the form of buildings or models”.

While Clients reimburse Periti for professional services rendered as agreed between the parties, the Client is entitled solely to the use of designs, drawings and other design-related documents created by the Perit, and acquires no other rights over them.

 

Although not obliged to do so, Periti may choose to provide a copy of the relevant documents to the Client in locked digital format, but there exists no obligation to provide same in an editable digital format unless this is specifically established in the Agreement between the Perit and the Client. Periti should be aware that providing a work in an editable format would allow the work to be easily adapted, arranged, altered and/or reproduced, all of which actions are intrinsic to, and associated with, the exclusive rights that a copyright owner enjoys according to copyright legislation (Article 7 of the Copyright Act), and, hence, Clients of Periti should not have an expectation to receive the work in editable format unless there was an express agreement between the parties for this.

 

In the event that a Perit does decide (voluntarily and without obligation) to provide a Client or any other relevant third party with a copy of such documents in editable format, then s/he is within his/her rights to demand whatever remuneration they consider appropriate, over and above any other remuneration received in respect of professional services rendered, save where this is precluded by Agreement as outlined in the previous paragraph.

 

In the case of surveys of existing property, however, where the measurements are taken and the relevant drawings of the building or property in its existing state are prepared by the Perit, in this case alone, the Client has the right to request provision of such drawings in editable format from the Perit, given that such survey includes no additional input of creative design work or similar by the Perit, and is merely a record of the existing state of affairs.

 

The Kamra tal-Periti recommends that Periti pre-empt demands for the provision of design information in their letters of engagement / agreements with prospective Clients.

 

 

Prof Alex Torpiano
President

 

Print version
/by

Call for Entries: European Heritage Awards / Europa Nostra Awards 2019

The European Heritage Awards / Europa Nostra Awards are Europe’s highest honour in the heritage field. The Awards recognise the best conservation projects, the most impressive research; the most dedicated heritage professionals and volunteers; and the finest awareness raising, training and educational programmes.

Architects, craftsmen, cultural heritage experts, professionals and volunteers, public and private institutions, and local communities: this is your chance to win the top heritage award in Europe!

Up to 30 remarkable heritage achievements from all over Europe will be awarded. Of those, 7 laureates will receive a Grand Prix and €10,000 each; one will be granted the Public Choice Award, chosen through an online poll conducted by Europa Nostra, the leading European heritage network.

All the winners will be celebrated at the European Heritage Awards Ceremony in June 2019.

The EU Prize for Cultural Heritage / Europa Nostra Awards (as of 2019 the European Heritage Awards / Europa Nostra Awards) was launched by the European Commission in 2002 and has been run by Europa Nostra ever since. The Awards have brought major benefits to the winners, such as greater (inter)national exposure, increased visitor numbers and follow-on funding. The Awards scheme is supported by the Creative Europe programme of the European Union.

Submit your project and share your success across Europe!

Apply now

Deadline: 15 November 2018 (date of receipt)

/by

rise in the city: call for architecture mentors

rise in the city is a unique international architecture competition for students and recent graduates worldwide. The challenge is to design affordable and sustainable housing solutions for Africa’s growing population.

We invite all innovative problem solvers in the built environment to design a low-income housing prototype in an effort to curb Lesotho’s housing problem in an environment challenged by:  increased urban migration, climate change and scarcity of resources.

How it works

Lesotho is a lower middle income country completely surrounded by South Africa. For this competition, its capital city, Maseru is being split into 100 virtual blocks. Virtual residency is being offered for 3 entities per block:

Phase One
100 Leading architecture and design firms are invited to take up virtual residence of one of the blocks for free.

In return, they mentor and critique the student competition entry who will also take up virtual residency of the same block. AND offer an architectural experience to the sponsor of their block.  This architectural experience can be a networking lunch with the senior design team or a tour of a building they have designed if one is located close to their office.

Phase Two
100 companies keen to gain a one-on-one networking opportunity, choose a Maseru block to sponsor for only $1,200 and get to enjoy the experience with the resident architecture firm in their block.

Phase Three
100 students and recent architecture graduates are invited to enter the architecture competition and design an affordable  residential house for low income families in an urban setting for Maseru.

A high profile jury will shortlist the best 10 entries that will be exhibited at various events internationally. There will be one International winner and one winner from Lesotho who will be announced at the end of January 2019.

100% of proceeds goes directly towards the project – a design & build training program for Lesotho unemployed youth who are constructing a residential center and entrepreneurship hub for vulnerable adolescents. If enough additional funding is raised from the competition, we will then build the prototype, in collaboration with the Ministry of Local Government, so that people in Lesotho can see the design, get inspired and adapt to build houses that are equally as sustainable and made from locally sourced materials.

By getting involved with rise in the city, either by mentoring a student competition entry, sponsoring one of the city blocks or entering the competition, you will help give the people of Lesotho the opportunity to better their lives for themselves.

Read more
/by

Warranting Board Elections to be held on Friday 5th October

The Warranting Board is holding elections elected directly by the profession’s membership on Friday 5th October. The nominees are:

Bezzina Anthony MP0486069M‘Volga Flts’ Flt 2, Triq is-Siġġiewi, Qrendi
Bonnici Roderick0277984M147, Triq Edgar Bernard, Gżira

The elections, which are managed by the Electoral Commission, will be held on Friday 5th October between 11am and 3pm without interruption at the Ministry for Transport, Infrastructure & Capital Projects, Project House, Floriana.

Warrant holders are requested to present their ID card, or any other official identification document bearing a passport photograph, at the polling station. You must select only one of the three candidates on the voting document by marking an [X] in the box next to the chosen candidate’s name.

The counting process will commence immediately upon the closure of the ballot box at 3pm.

The composition of the Warranting Board is regulated by Art 6 of the Periti Act, Cap. 390, as follows:

  • A chairman to be appointed by the Minister from among persons who are or have been qualified to be appointed judges in Malta;
  • Two members appointed by the Minister from among warrant holders, who have held their warrant for at least eight years;
  • Two members appointed by the Kamra from among warrant holders who have held their warrant for at least eight years; and
  • Two members who shall be elected by secret ballot by warrant holders from among themselves.
 The term of the board members expires after two years, except for the chairman whose term ends after three years.
/by