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CIR 06/25 | Sanitary Regulation tolerances in Minor Amendment Applications

1. Purpose

This Circular serves to notify members of an important procedural update communicated to the Council of the Kamra tal-Periti by the Executive Chairperson of the Planning Authority. This update forms part of broader discussions on regulatory efficiency and the streamlining of policies and regulations currently being held between the Kamra tal-Periti (KTP) and the Planning Authority (PA), as well as between the National Building Council (NBC) and the PA.

 

This Circular is to be read alongside Directive DIR 05/25 on the reporting of measurements in compliance checks.

 

2. Procedural Update on Tolerances in Sanitary Regulations

The Planning Authority has adopted a new internal procedure concerning the application of the Development Planning (Health and Sanitary) Regulations (S.L. 552.22).

  • Under regulation 4, the Planning Authority may, at its discretion, permit dimensions that are lower than those stipulated, provided that compensatory measures are in place which achieve an equivalent sanitary outcome.
  • Examples of compensatory measures include the provision of a larger external aperture in lieu of a smaller aperture originally specified.
  • This internal procedure applies only in the processing of minor amendment applications – that is, applications filed by periti to amend a planning permit so as to reflect the as-built situation.
  • As part of this procedure:
    • Discrepancies of up to 2cm may be processed directly by planning officers.
    • Discrepancies greater than 2cm will be escalated and decided upon at Director grade or higher.

 

3. Important Clarifications

Periti are reminded of two key points:

  1. This tolerance procedure applies exclusively to the sanitary regulations contained within S.L. 552.22, and only within the specific context of minor amendment applications. It does not extend to other planning regulations, policies, or application types.
  2. Proposed drawings submitted with planning applications must continue to conform fully with the prescribed regulations. The discretion allowed under this internal procedure relates solely to the assessment of as-built minor amendment applications and does not in any way diminish the requirement for conformity at the original application stage.

 

Conclusion

Members are to take careful note of this update in their professional practice. The Kamra will continue to engage with the Planning Authority and the NBC to ensure that these procedures are applied consistently, transparently, and fairly across all cases, and that further progress is made in streamlining and improving the regulatory process.

 

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CIR 04/25 | Commencement of Works, References for Contractors, and Design of Lift Shafts

The Council of the Kamra tal-Periti would like to bring to your attention the following updates.

 

1. Commencement of Works

Following a successful testing period, the BCA has fully transitioned to the digital site management responsibility form, which is accessible through its dedicated portal. We are informed that the initial issue of partnerships not appearing in the drop-down lists has now been conclusively resolved.

A number of partnerships have, however, requested that a dedicated login and delegation system be created for them, similar to what is available on the PA’s planning portal. At present, partners within a partnership are required to create delegations through their personal logins. While this has no bearing on liability – since liability is derived from the form itself, which is published on eApps – the Kamra has opened discussions to explore the possibility of introducing partnership logins as well.

 

2. Reference Letters for Contractors

The Council has been informed that certain officials were rejecting reference declarations submitted by periti in support of contractors’ licence applications, on the grounds that some periti had crossed out skills they had not directly witnessed the contractor executing.

These rejections are contrary to the agreement reached with BCA senior management and the Licensing Committee last year. The matter was immediately raised with the BCA CEO, and we understand that it has now been resolved.

Periti are reminded to continue following the guidance set out in Circular CIR 07/24, and to report any instances of coercion or procedural irregularities in the processing of reference letters to the Council.

 

3. Design of Lift Shafts

The MCCAA, as Malta’s competent authority on lifts, has issued a circular addressed to periti in view of a recurring pattern of poor lift shaft design, which appears to have led to an over-reliance on requests for derogations. The MCCAA reminds periti that derogations are intended only for strictly exceptional circumstances where it is genuinely impossible to meet the standard refuge space requirements.

The Council strongly advises periti to incorporate lift design standards – including lift pits, headroom, noise and vibration insulation, and structural considerations – at the earliest design stages, preferably prior to the submission of a planning application.

The full MCCAA circular addressed to periti can be found below.

The Impact of Building Designs on Lift Installations

by MCCAA

 

 

 

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CIR 01/25 | Revised Road Works Permit

Several periti have brought to the attention of the Council a new form Transport Malta (TM) has recently issued for road works permits (RWPs). Such permits are required whenever works affecting road surfaces are necessary. A common scenario for such an application is for drainage connections of new builds and service ducts.

Periti are advised that although the form needs to be filled by a perit, this does not in any way imply that it should be the perit in charge of the building project who should perform this service.

Indeed, road works can only be carried out by a restricted number of contractors authorised by TM to do so, who normally have their own in-house or sub-contracted periti. These road contractors can be found on TM’s website here.

Given that the perit of the building project was engaged solely to perform services related to the building, s/he is under no obligation to accept to provide additional services that fall outside the scope of the project or the scope of their contractual agreement with their client/s, such as filing RWP applications.

It is recommended that such RWP applications are filed by periti employed or sub-contracted by the road contractors for this purpose given the specialised nature of the task.

Regardless of who files the application form, the Council recommends anyone intending to sign such forms to consult with their PII provider to ensure that their policy covers them, particularly in view of the declarations periti are being asked to sign in the form.

It is pertinent to note that TM failed to consult the Kamra on this new form.

 

Perit André Pizzuto
President

 

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CIR 09/24 | Declarations for Y-plates (5)

Following the issuance of four circulars addressing concerns related to Y-plate operator licences, it has come to the Council’s attention that some periti may still be signing declarations that are potentially fraudulent or non-compliant with planning regulations.

The Council is actively investigating these cases to identify any instances of malpractice. Members found to have acted in bad faith or through sheer negligence may face disciplinary action, including warrant suspensions of up to one year per instance, as per recently Council-approved sentencing guideline.

We remind all periti to exercise utmost caution and diligence in their professional duties, ensuring that all necessary checks are conducted before signing declarations. It is critical to uphold the highest standards of the profession and comply fully with planning and regulatory requirements.

The Council will continue to monitor this issue closely and will provide updates as necessary. Members are advised to refer to Circular 4/24 and subsequent communications for guidance on their obligations.

 

Perit André Pizzuto
President

 

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CIR 08/24 | Declarations for Y-plates (4)

In the latest development of the ongoing saga related to the Y-plate licence renewals, the Ombudsman, through the Commissioner for the Environment and Planning (CEP), has published its Opinion on a complaint filed by an operator “that highlights significant legal anomalies and administrative irregularities surrounding the issuance and renewal of LPTS (Y-Plate) Operator’s Licences in Malta over the past year”.

The CEP made the following statements:

  1. A planning permit for a public service garage is required regardless of the number of cars accommodated in a garaging facility;
  2. There are regulatory inconsistencies in the role of the perit as envisaged in the same legal notice;
  3. The role of periti under these regulations is limited solely to new applicants without an existing operator’s licence;
  4. The Kamra tal-Periti “is correct in issuing the corresponding Circular to Architects, instructing them to ensure that the garage possesses a valid public services garage PA permit.”

 

In concluding the Final Opinion, the CEP called on Transport Malta “to convene discussions with the Planning Authority, the [Kamra tal-Periti], and the Operators to facilitate the necessary amendments to S.L.499.68”.

 

Periti are thus advised to proceed as per circular CIR 04/24 until further notice.

 

Perit André Pizzuto
President

 

Read the full Final Opinion

 

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CIR 07/24 | Periti declarations in support of contractors’ licence applications

Many Periti will have been approached by contractors asking them to sign a declaration confirming their competences in support of their application to receive a licence to operate as contractors.

Schedule I of S.L.623.09 (Construction Industry Licensing Regulations) stipulates that all workers engaged in demolition, excavation or construction should possess specific qualifications in the respective activity “or hold any other qualifications or experience which the Committee considers to be equivalent or a suitable alternative to this qualification”.

While courses in demolition and construction do exist – leading to the masons’ licence – there is no formal qualification for excavation operatives as yet.

Thus, the BCA and Contractors Licensing Committee have approached the Kamra to discuss whether, as an interim measure, we would agree to introducing a system wherein periti would provide a reference confirming the skills of contractors.

It was clear to the Council that without our agreement to such a proposal, the entire industry would seize as very few contractors, if any, would be eligible for a licence without the alternative system being proposed.

The Kamra thus agreed to the concept in principle and proceeded to draft the wording for the eventual declarations published by the BCA.

 

The wording was crafted to ensure the following:

  1. The declaration made by periti are limited ONLY to the works execution they have direct experience on.
  2. Periti employed by or otherwise directly connected to contractors would not be coerced into signing declarations they do not feel comfortable with or which compromise their independence and integrity, and to ensure that they are not placed in a position of conflict of interest.

 

The statutory requirement is that contractors demonstrate the skills listed in Schedule I (and the forms) in at least three projects over a period of two years.

The Kamra was assured that this is an interim measure and will be replaced with formal training of workers as soon as practicably possible. We are also working on this through the National Building Council, which is a joint-venture between KTP and MDA.

The Council recommends that periti exercise their professional judgement in signing these forms, crossing out any parts they feel are not applicable to their direct experience be upheld. It goes without saying that you should refrain from signing such declarations if your personal experience of the contractor’s work is inadequate.

You are entitled to charge fees for the signing of such declarations.

In case of difficulty, please do not hesitate to contact the Council through our usual channels.

 

Perit André Pizzuto
President

 

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CIR 06/24 | Dangerous structures approvals

In the past few months, there were a number of very serious partial or near collapses that never became public. Periti had reported the situations to us in confidence to seek our assistance and advice, as well as moral support for the personal predicament they were facing through no fault of their own.

The failings were manifestly bureaucratic ones, with both the Planning Authority and the Building and Construction Authority unable to react and accommodate the urgency and speed that was required. Thankfully, the responsible ministers and the CEOs of both entities were receptive to our insistence that the discretionary powers granted to them in the law should be exercised and that the power vested in the responsible periti through the Code of Police Laws to direct the works unfettered by the said authorities should be upheld.

Thankfully, in all these cases, the speed and decisiveness shown by all involved ensured that the cases remained unreported by the press, as loss of life was prevented, and further structural failures were averted.

 

These experiences served also to sensitise those in authority to the need to eliminate unnecessary processes that prevent periti from upholding their main responsibility of safeguarding public safety.

 

Discussions were held with both the Planning Authority and the Building and Construction Authority in recent months to curtail the unnecessary paperwork and retain only what is strictly necessary to safeguard the public interest.

 

Planning Authority process

As a result of these discussions, in July the Planning Authority agreed to recognise that as per S.L.552.05, dangerous structure authorisations are NOT development permits and that therefore, they:

  1. Do not have an expiry date;
  2. Do not require a commencement notice to be filed.

A PA circular confirming the above is expected imminently.

 

Building and Construction Authority process

Similarly, the BCA has agreed, pursuant to S.L.623.06 regulation 25, to waive certain documentation from being filed by Periti on behalf of their clients. This was confirmed in a press release published by the BCA yesterday.

Through this streamlined procedure, periti are being empowered to recognise the urgency of repair works and to merely notify the BCA via a dedicated email address through which only the responsibility forms and insurance policy need to be filed. An automatic authorisation will be transmitted immediately to the perit, allowing works to commence immediately.

It is recommended that in such emergencies, only contractors in possession of annual CAR are engaged for emergency works, since the local insurance companies are still insisting on method statements to be filed for smaller or less experienced contractors.

Over the subsequent twelve hours, the perit should upload the authorisation, the responsibility form, and the insurance on eApps. While some may find this frustrating, unfortunately the IT system does not allow BCA’s mail servers to communicate directly with PA’s eApps. Nevertheless, such uploads should cause negligible inconvenience, particularly considering the significant efficiency improvements the current system is bringing about.

 

 

This is of course only a small step forward in the greater scheme of things. However, we have witnessed a marked change in the PA and BCA’s approach towards periti which augurs well for future reforms that are in the pipeline.

 

Perit André Pizzuto
President

 

 

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CIR 05/24 | Update on Tender for Property Valuations issued by CFR (2)

In 2022, the Council of the Kamra tal-Periti was alerted to a tender published by the former Commissioner for Revenue (CFR), now renamed Malta Tax & Customs Administration (MTCA), calling for periti to draw up property valuations at a capped rate of €25 excluding VAT.

The Council had immediately issued a directive instructing periti not to submit bids for this tender due to its “unacceptable terms, which undermine the scope of the due diligence and research necessary for the preparation of a valuation report, as well as underestimate the associated liabilities”.

Urgent meetings were held with the Commissioner for Revenue and Director of Property Tax to discuss the way forward. Given that the tender could not be amended following its publication, an agreement was reached such that following its closing date, the CFR would republish the tender with fresh terms in agreement with the Council of the Kamra, including considerably improved financial terms that reflect the dignity and respect we should all expect for our profession.

The above background history was explained in a circular published soon after. A meeting was also held with a number of periti who had already been giving similar services to the CFR for a number of years through an arrangement which the National Audit Office declared to be non-conformant with the public procurement regulations. They were also kept regularly informed of meetings and communications exchanged between the Council and the CFR, and were in agreement with our approach.

 

Regretfully, a number of periti –  indeed the same periti who were being kept continuously informed about the ongoing negotiations – chose to outmanoeuvre the Council to try to gain an advantage over ethical and responsible members of the profession who chose to diligently follow the directive and await the outcome of the negotiations the Council was conducting. This resulted in a wholly unnecessary two-year delay during which members of the profession could have benefitted from the improved terms eventually negotiated, which we are happy to announce below.

 

Indeed, rather than the measly and demeaning sum of €25 excl. VAT per report, as a result of our negotiations successful bidders will be earning €50 excl. VAT per report for all properties having a contract value of less than €1 million, and €150 excl. VAT per report for all properties having a contract value of €1 million or more.

The Council considers this a suitable compromise, considering also that the use of the term “valuation” has been dropped from the tender document in favour of the term “review”. This shift in terminology is felt to more appropriately reflect the actual exercise to be performed by periti who successfully bid for the new tender.

The tender published by the MTCA via the Department of Contracts is linked below:

CfT: CT2136/2024 – Framework Agreement for the Provision of Professional Services of Periti to provide reviews of Properties to the Malta Tax and Customs Administration (MTCA)

 

The Council looks forward to building further on the positive relationship established with the MTCA, and remains committed to representing the interests of the profession at all times to the best of its abilities.

 

Perit André Pizzuto
President

 

 

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CIR 04/24 | Declarations for Y-plates (3)

Reference is made to circulars CIR 03/2023 and CIR 04/2023 relative to the ongoing saga related to the housing of private cabs, commonly referred to as Y-plates, when not in use.

We are informed that Transport Malta (TM) is issuing letters informing the public that it shall no longer be requesting a development permit for a public service garage from applicants for an operator licence or its renewal. The purpose of the permit was indeed to confirm compliance with the law.

It is important for members of the profession to understand that a change in submission requirements for Y-plate operators does not in any way imply that the regulations have changed.

Indeed, when being asked to prepare declarations pursuant to sub-regulation 5 (4) (d), periti are to ensure the following:

 

  1. Verify that the garage is covered by a public service garage permit issued by the Planning Authority

 

While TM is the national authority regulating transport operators, land use is regulated by the Planning Authority (PA). Thus, unless authorised by the PA, no garage can be used for light passenger transport service vehicles, commonly referred to as cabs.

This is indeed confirmed in regulation 3 of S.L. 499.68 which defines garaging facility as “any premises which is (sic) off-street and in which the parking or garaging therein of motor vehicles is permitted by the planning authority permit.”

 

 

  1. Verify that there are no permit conditions PROHIBITING the use of the garage for public service vehicles

Most recent development permits carry the following standard condition:

 

1 n) The garage/parking space shall only be used for the parking of private cars and shall be kept available at all times for this purpose.

 

Older permits may have different wording but intend similar outcomes.

In such cases, the garage can only be used for purposes ancillary to the main use of the building, be it residential or commercial.

Periti are required to advise their clients that a change of use development application is required if such permit condition is attached to the property. Only after the commencement notice of such permit is filed can the afore-mentioned declaration be produced.

Among the many issues that this raises, is the PA policy on minimum parking requirements. The change of use of a private garage to a public service garage will inevitably also entail the payment of CPPS.

Please be aware that the TM’s minimum requirements for public service garages have changed from a minimum of 24 sqm accommodating a minimum of two vehicles, to a minimum of one vehicle with no explicit minimum floor area. It is understood, however, that the minimum parking requirements in DC15 are to be used to establish the minimum size of a garage in the case of a change of use.

 

 

 

Periti are thus to ensure that, when drafting afore-mentioned declarations, the cabs can be accommodated in the garage both physically AND legally.

 

The Council will continue to monitor the situation and will advise should there be any updates. Regretfully, despite a short meeting in March with the responsible Minister, we have not had any consultation meetings on this issue since October 2023.

 

Perit André Pizzuto
President

 

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