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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CIR 03/24 | BCA Forms Resolution

Following Directive DIR 02/2024, a series of meetings were held with the Ministry of Justice and Construction Reform and the Building and Construction Authority to discuss the need to reduce bureaucracy and eliminate unnecessary forms, so periti can focus on what is truly important for their professional role: high quality design and general site supervision.

Following our final meeting held yesterday afternoon, on behalf of the Council I am pleased to inform you that the form “Declaration to the BCA regarding Third Party Property Condition Reports and Excavation Affected Complexes” has been repealed, and that the situation that existed prior to the introduction of the form has been reinstated. Needless to say, the obligations of developers and periti with respect to condition reports as laid out in S.L.623.06 still apply.

Regarding the other form “Certificate of Insurance”, it has been clarified that this will be replacing the insurance policy document and statutory statement. Thus, going forward periti will only be required to file this certificate declaration, which will be automatically prepared and supplied by the insurers to policy holders.

BCA has also informed us that they are in the final stages of reaching an agreement with local insurers to provide insurance policy renewal notifications directly to the BCA.

Finally, the BCA has accepted to shortly reinstate an exemption form for dangerous structures similar to Form 25c, which had been unexplainedly withdrawn by previous BCA management in 2021/2022. The purpose of such a form is to ensure that in emergency situations related to collapse or imminent danger of collapse, the BCA clearance will be expedited. Updates on a new Form 25c are expected to be announced soon.

We thank the Ministry and BCA for their sensitivity on this issue, and trust that the relationship that has been built in recent weeks will result in further positive improvements in the industry, in the interest of public safety and that of the profession.

As a result of this agreement, the Council hereby notifies all members of the profession that DIR 02/2024 is hereby repealed.

 

Perit André Pizzuto
President

 

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CIR 01/24 | DNO Processing Streamlined

The Council is pleased to announce a significant update in the processing of notifications filed under Development Notification Order (DNO) (S.L.552.08), which took effect on Monday, 15 January 2024 following a series of productive discussions with the Planning Authority (PA).

Echoing the sentiments expressed in the email I had sent out on 23rd October 2023, our stance has consistently been clear and firm: DNOs are permitted developments by law. The responsibility of the PA in this context is not to issue permissions but to confirm that the proposed works are included under the specific classes of permitted development.

After careful consideration, the PA has aligned with our perspective, revising its internal policy. This revision entails a strict limitation of external consultations solely in those circumstances permitted by the regulations, except for class 16. This shift in policy is among the significant steps toward simplifying the planning process, removing unnecessary administrative complexities, and thereby enhancing the clarity and efficacy of our professional practices.

Acknowledging this update as a step forward, the Council remains vigilant in monitoring its implementation and is prepared to address any emerging issues. Furthermore, we continue our efforts in advocating for more sensible processes that ensure both quality and efficiency in our work. We encourage all members to acquaint themselves with this recent policy change and to actively report any discrepancies or challenges encountered in its application.

Your continued support and active participation have been pivotal in achieving this milestone. Rest assured, the Council is steadfast in its commitment to advancing the interests of our profession, ensuring that our practices are not only effective but also fully compliant.

Perit André Pizzuto
President

 

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CIR 04/23 | Declarations for Y-plates (2)

The Council is disappointed to note that despite Transport Malta’s promise to consult with it prior to issuing a new legal notice, LN 246 of 2023 was released without any such consultation.

The planning policies to date make no distinction between the number of vehicles owned or garaged by an individual. The standard condition in most permits for residential garages states:

“Any garages/parking spaces shall only be used for the parking of private cars and shall be kept available at all times for this purpose.”

The definition of garaging facility in the legal notice issued is:

“Any premises which is (sic) off-street and in which the parking or garaging therein of motor vehicles is permitted by the relevant planning authority permit.”

The Council therefore urges members of the profession to ensure that any declaration pursuant to light passenger transport services and vehicle hire services is underpinned by the required development permit for public service garages even if there are 5 or fewer cars being parked within the “garaging facility”.

 

Perit André Pizzuto
President

 

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CIR 03/23 | Declarations for Y-plates

The Council of the Kamra tal-Periti has met with Transport Malta senior management to discuss the requirements for periti declarations relative to garages utilised to store chauffeur-driven cars.

Transport Malta was receptive to the concerns expressed by the Kamra and informed its representatives that it shall be publishing a new legal notice that will be replacing
L.N. 111 of 2023. TM promised to consult the Kamra prior to bringing it into force.

TM also advised that we notify all periti to keep all declarations relative Y-plates on hold pending the new legal notice.

 

Perit André Pizzuto
President

 

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CIR 02/23 | Rural Lease Valuations

The Council of the Kamra tal-Periti has been alerted to a legal notice directing periti to produce fictitious values for agricultural land that have no underpinning in the market.

It appears that the purpose of this exercise is to artificially contain the value of farmland, and direct periti away from reporting a fair market value in line with international and national valuation standards.

In view of the above, the Council is advising periti not to file valuation reports in accordance with such legal notice until further notice as such reports may give rise to potential professional negligence, besides exposing periti to litigation by aggrieved parties due to the apparent unconstitutionality of such subsidiary legislation.

 

Perit André Pizzuto
President

 

 

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CIR 09/22 | Update on Tender for Property Valuations issued by CFR

Further to Directive DIR 08/2022, the Council met with the Commissioner for Revenue, Mr Joseph Caruana, and the Director of Property Tax, Ms Josette Galdes on 12th August 2022. During this meeting the Council outlined its serious misgivings about the tender, particularly relative to the capping of €25 per valuation report and €25 per Court sitting. The Council also pointed out that there is no mention of remuneration for disbursements, such as acquiring planning permits from the PA, and that such remuneration fees would inevitably affect the quality of the valuations being provided.

 

During the meeting the CFR stated that it understood the nature of the Kamra’s objection, and expressed its openness to introducing differential rates, distinguishing between the valuation of garages and hotel resorts, which would have otherwise all been compensated for at the capped rate of €25.

It was agreed that the CFR would consult with the Department of Contracts (DoC) to establish whether the tender as published could be amended. However, the CFR was not willing to withdraw and republish the tender should this not be possible.

 

On 16th August 2022, the CFR informed the Council that the DoC was unable to amend the tender.

 

Given the above, the Council is notifying members of the profession that the only resolution to the matter is allowing the current tender to run its course without any bids, so it may be republished after appropriate consultation is made with the Kamra in accordance with article 4 of Subsidiary Legislation 390.01.

 

Moreover, the Council shall retain Directive DIR 08/2022 in place. Members of the profession are reminded that disciplinary action will be taken against periti who do not abide by the Directive.

 

Perit André Pizzuto
President

 

 

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CIR 07/22 | BCA Clearances

Following the EGM held on Thursday 26th May 2022, the Minister for Public Works and Planning was informed of the approved motion and has agreed to instruct the BCA to suspend the coming into force of the Guidelines it had circulated at the Informative Session last Monday.

Periti are thus required to follow the procedures outlined in the BCA Guidance Note dated 17th March 2022, namely:

  1. To not file anything to the BCA when there are no works;
  2. To submit regulation 4 declarations when works fall outside the scope of S.L. 623.06
    (LN 136 of 2019, as amended); i.e., no third-party structures are affected.
  3. To submit regulation 26 declarations when works are of a minor scale and/or the potential risk of the works is limited to minor, superficial damages;
  4. To submit written requests for regulation 25 waivers signed by the beneficiaries of such waivers when appropriate, namely:
    1. Contractors:
      1. Appointing an STO
      2. Partial or full method statement
    2. Developers:
      1. Condition Reports

 

Perit André Pizzuto
President

 

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CIR 06/22 | BCA guidelines for the processing of applications

Further to the BCA “Informative Session” (sic) held yesterday, the Council of the Kamra tal-Periti hereby notifies members of the profession that contrary to statements made by BCA management, the Council was never consulted about the Guidelines published and circulated on the day, even less so agreed to their contents.

Indeed, the Council disagrees with the processes contained within this new document, which it read for the first time yesterday evening, on several grounds. In particular, the Council notes the fact that the guideline further exacerbates the BCA’s misinterpretation of the provisions of S.L.623.06 (L.N. 136 of 2019, as amended).

The Council shall be elaborating further during the Extraordinary General Meeting to be held on 26th May 2022 at 4pm at the Catholic Institute, Floriana.

 

Perit André Pizzuto
President

 

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CIR 05/22 | Water Services Corporation Online Portal – Update

Following the publication of Circular CIR 02/22, the Council has had a meeting with the Water Services Corporation to discuss to iron out the liability and security issues present in its online portal.

With satisfaction, we wish to inform members of the profession that the portal was redesigned and is now live.

CIR 02/22 is thus hereby repealed.

Periti may wish to proceed with the submission of WSC clearance requests using the newly redesigned portal.

We take this opportunity to thank the WSC management and technical staff for their swift action.

 

Perit André Pizzuto
President

 

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