DIR 12/19 | Legal Notice 136 of 2019 & Legal Notice 180 of 2019

Legal Notice 136 of 2019 regarding Avoidance of Damage to Third Party Property Regulations, 2019, came into force on the 25th June 2019. This was later amended through Legal Notice 180 of 2019, which came into force on the 29th July 2019.

In the period between the publication of both Legal Notices, the Council of the Kamra tal-Periti worked incessantly to ensure that the interests of the profession are safeguarded, and that public safety is placed at the forefront.

Although the Legal Notice still does not reflect all the changes requested by the Kamra, significant progress has been made, as outlined in detail in Circular 11/19. The Council is of the opinion that all the progress outlined in said Circular, and particularly Government’s recorded commitment to deliver on all the outstanding points through the Letter of Commitment, address many of the concerns raised by the profession.

 

Letter of Commitment

 

The above is considered sufficient for the Council to issue the following Directives:

  1. Periti are to immediately inform their clients of the coming into force of Legal Notice 136 of 2019 if they have not already done so, and to advise their clients also of the coming into force of Legal Notice 180 of 2019, and to advise them to bring themselves and the works in line before any works can continue.
  2. If periti become aware that works are ongoing without the provisions of the Legal Notice being in place, they are to immediately notify in writing the Building Regulation Office and the Commissioner of Police, keeping the Kamra tal-Periti in copy.
  3. The Building Regulation Office (BRO) will be publishing a list of competent persons as per Schedule 3 as amended (see LN 180 of 2019) who register their interest to provide the service of STO. The register is intended to provide the general public with a list of periti and others who are authorised to provide this service. Further details will be announced shortly.
  4. Periti are advised that the forms required to be submitted to the BRO through the PA eApps portal are in the process of being amended, in consultation with the Kamra, in order to bring them in line with the amendments enacted through Legal Notice 180 of 2019, and with other considerations made by the Kamra. Periti are advised to await further direction before proceeding to upload any forms.
  5. Periti engaged under Design and Build Contracts should seek legal advice regarding the potential implications of the Legal Notices on their responsibilities and indemnity. The Kamra will be seeking additional legal advice on the position of such periti in the coming weeks.
  6. Periti in full or part time employment with Contractors or Developers are advised to seek legal advice on their position. Their position directly within the Contractor’s setup places additional responsibilities on them in terms of the Legal Notice, and these need to be clarified. The Kamra tal-Periti will be addressing this situation separately, as already discussed with a number of such periti.
  7. Periti employed in the Public Service should seek guidance from the Union Periti u Inginiera fis-Servizz Pubbliku. The Kamra tal-Periti has already met with the Union prior to the issuance of Legal Notice 136 of 2019 and will be scheduling another meeting with such Union in the coming weeks.
  8. Directive 03/2019 and Directive 04/2019 remain in force.
  9. Directive 06/19 is hereby repealed.

 

The repeal of Directive 06/19 should not be interpreted as an automatic obligation on periti who are in full or part time employment with Contractors or Developers to take on this role. Any undue pressure on such periti to assume this role is to be reported to the Kamra tal-Periti.

This Directive is to be read in conjunction with Circular 11/19. In particular, it is noted that the concurrent undertaking of the role of perit in charge and STO by the same perit or partnership of periti on the same project is considered to give rise to issues of conflict of interest, and thus to a potential breach of the Code of Professional Conduct. Periti are invited to communicate with the Kamra tal-Periti for further guidance in relation to specific situations. Any undue pressure by Contractors or Developers for periti to take on the role of STO is to be reported to the Kamra tal-Periti.

 

 

 

Perit Simone Vella Lenicker

President

 

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DIR 06/19 | Legal Notice 136 of 2019

Directive Repealed

See DIR 12/19

Legal Notice 136 of 2019 regarding Avoidance of Damage to Third Party Property Regulations, 2019, came into force on the 25th June 2019.

As outlined in Circular 05/2019, the Legal Notice as published does not address the concerns raised by the profession at its EGM of the 21st June 2019.

Furthermore, it does little to guarantee public safety primarily because it further confuses the responsibilities on site. This, coupled with the fact that the requirement for registration and licencing of contractors has not been brought into force, results in a situation where effectively the Site Technical Officer (STO) is being made to bear the shortcomings of Government to regulate the sector.

The myriad of implications that this Legal Notice raises are widespread and very delicate. As a result of the rushed coming into force of this Legal Notice, without any lead time for studying and understanding, the serious ramifications of its provisions cannot be quantified. This includes implications regarding Professional Indemnity Insurance with respect to compliance with the Legal Notice. It also makes no provision for existing contractual obligations between periti and their clients, and between contractors and developers qua owners. The implications of what happens if these existing contracts are in conflict with the Legal Notice may be serious, and may also possibly lead to litigation.

The main legal function of the Kamra tal-Periti is to safeguard “the wellbeing and the progress of the profession”, and is constituted “for the advancement of the profession, the defence of its rights and for keeping high its prestige,” while its mission statement is to “support members of the profession in achieving excellence in their practice of architecture and engineering in the interest of the community.”

Thus:

  • In its capacity to ensure that all members of the profession are safeguarded in discharging their services to their clients, and in view of the provisions of the Legal Notice which no member of the profession has had adequate time to assess and fully understand the implications thereof; and
  • In light of the approval of Motion 6 by the last Extraordinary General Meeting of the Kamra tal-Periti, which empowered the Council to “issue any Directives as it deems necessary in relation to the matters discussed during this Extraordinary General Meeting, and to consider a breach of said Directives by Warrant Holders to constitute a breach of the Code of Professional Conduct”;

 

Now, therefore, the Council of the Kamra tal-Periti is hereby issuing the following Directives:

  1. Periti are to immediately inform their clients of the coming into force of the Legal Notice, and to advise them to bring themselves and the works in line before any works can continue.
  2. Periti are notified that upon the coming into force of the new regulations, any applicable works, including demolition, excavation and construction, which are not in line with all its provisions are effectively suspended. This includes works which were previously exempt under Legal Notice 72 of 2013. In view of this, periti are to issue notifications of suspension of works to their clients and to the contractors immediately. If periti become aware that works are ongoing without the provisions of the Legal Notice being in place, they are to immediately notify in writing the Building Regulation Office and the Commissioner of Police, keeping the Kamra tal-Periti in copy.
  3. Until further notice, no perit is to assume the position of STO as provided in the Regulations, unless they are currently contractually bound to do so.
  4. Periti who were contractually bound to take on the role of STO as described in the Legal Notice prior to the coming into force of the Legal Notice, and as long as this is clearly stipulated in their contract of employment / engagement, and they are fully cognisant of any additional legal implications being placed on them by the Legal Notice, are to immediately advise the Kamra of their position.
  5. Periti who are approached to submit the Site Management Responsibility Form as outlined in the PA Notice issued on the 25th June 2019, are to immediately inform the Kamra tal-Periti of said request, and to refrain from uploading it until they receive further direction from the Kamra tal-Periti.

In addition, the Kamra tal-Periti recommends that:

  1. Periti engaged under Design and Build Contracts should seek legal advice regarding the potential implications of the Legal Notice on their responsibilities and indemnity; and
  2. Periti employed in the Public Service should seek guidance from the Union Periti u Inginiera fis-Servizz Pubbliku. The Kamra tal-Periti has already met with the Union prior to the issuance of the Legal Notice and will be scheduling another meeting with such Union in the coming days.

Directives 03/2019 and 04/2019 remain in force.

 

Perit Simone Vella Lenicker

President

 

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DIR 04/19 | Publication of List of Licensed Masons

The Kamra tal-Periti notes the belated publication of a list of current licensed masons by the Building Regulation Office (BRO) on its website. This is in response to the Kamra’s repeated requests over several years. The publication of this list on the evening of Friday 21st June 2019 is therefore a step forward; however the usefulness of the published list is very limited since the relative ID numbers, which would allow identification of the person holding the licence, and the validity period of the licence have not been published at the same time. This is in breach of the Services Directive (Article 22).

Nevertheless, it is now expected that the BRO will not permit works to continue on any site where the appointed mason is not on the list.

The Code of Police Laws stipulates that “It shall not be lawful to exercise the trade of mason without a licence …”. This licence, which must be renewed annually, is required to give assurance to the owner of the site, the perit in charge of the project, and society at large that such person is indeed qualified to carry out this trade and has received the appropriate training. The Code of Police Laws also states that “If any mason, through unskilfulness, imprudence or carelessness, shall, in the construction of any work entrusted to him, and appertaining to his trade, cause any injury to any person or property, it shall be lawful for the Court of Magistrates to interdict such mason from the exercise of his trade for any time to be stated in the sentence, ordering, at the same time, the withdrawal of the licence.” The responsibilities arising out of the Code are very clear, and no lesser legal instrument can be used to infer otherwise.

It is also to be noted that various Court sentences have determined that the “owner” qua “employer” or “developer” is obliged to ensure that the persons engaged on a construction project are duly qualified to exercise such role.

 

Directive regarding ongoing works

In view of the publication of this list, periti are advised to:

  1. Inform their clients that the list of licensed masons has been published and that, in view of their obligation to ensure that persons engaged on a construction site are duly qualified, they should check that the person listed as a “mason” on the Commencement Notice submitted to the Planning Authority is in fact included on the list – periti may, if they so wish, offer to undertake this check themselves on behalf of their clients;
  2. If it is found that a person claiming to be a mason is engaged on an ongoing project and is not on the list, then the perit is to immediately order the suspension of the Works, verbally and in writing, and to notify the owner / employer / client of the situation in writing – no works are to be carried out under the direction of the perit until such time as a duly licensed mason is appointed;
  3. If the perit notes that works are continuing following the order to suspend the Works, then said perit is to immediately notify in writing the Building Regulation Office and the Commissioner of Police, keeping the Kamra tal-Periti in copy.

 

It is to be noted that the Kamra tal-Periti has received reports that the list may not be fully updated. It is therefore recommended that, if a mason’s name is not on the list, the client is to contact the BRO for further guidance, following which the appropriate action may be taken as outlined above.

Periti are reminded of the protection afforded to them through Directive 03/19 regarding their right to refuse to sign a Change of Architect Form when the interest of public safety is being safeguarded by the Perit.

The Kamra tal-Periti fully endorses the notion that there should be no compromises on public safety.

 

ADDITIONAL REMARKS:

A. Future works

In the case of building works for which a Commencement Notice has not yet been submitted as at the date of this Directive, the Kamra tal-Periti will be insisting with the BRO that it should not permit any works to commence on a site where the person indicated as the appointed mason in the Commencement Notice is not duly licensed. The onus to verify whether a mason is licensed, and therefore competent, lies with the owner / employer / developer, and with the regulator, in this case the BRO.

 

B. The list published by BRO

The Kamra tal-Periti will be writing to the BRO to request that the published list contain, as a minimum, the ID Card Number and address of the licensed mason, as well as the validity period of such licence, to enable owners to verify that the licence number matches the person identified in the list. This will avoid the current practice of persons claiming to be masons and listing the number of someone else.

This requirement is in line with Article 22 of the Services Directive which states that:

  1. Member States shall ensure that providers make the following information available to the recipient:
  • The name of the provider, his legal status and form, the geographic address at which he is established and details enabling him to be contacted rapidly and communicated with directly and, as the case may be, by electronic means;
  • Where the provider is registered in a trade or other similar public register, the name of that register and the provider’s registration number, or equivalent means of identification in that register; …
  1. Member States shall ensure that the information referred to in paragragh 1, according to the provider’s preference:
  • Is supplied by the provider on his own initiative;
  • Is easily accessible to the recipient at the place where the service is provided or the contract concluded;
  • Can be easily accessed by the recipient electronically by means of an address supplied by the provider;
  • Appears in any information documents supplied to the recipient by the provider which set out a detailed description of the service he provides.

 

C. Licensing and registration of contractors

It is also pertinent to note that the Civil Code places the onus for structural integrity jointly on the perit and the contractor. The Building Regulation Act also places the obligation on the BRO to issue “licences and registration of masons, fire consultants, other consultants in the building industry, building contractors and tradespersons.”

Following the approval by the Extraordinary General Meeting, the Kamra tal-Periti is demanding that the registration and licensing of building contractors and tradespersons is implemented by the date of coming into force of the amendments to Legal Notice 72 of 2013.

 

Perit Simone Vella Lenicker

President

 

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DIR 03/19 | Change of Perit in cases of Public Safety

Directive Repealed

See DIR 04/22

Following the Extraordinary General Meeting of the Kamra tal-Periti held on Friday 21st June 2019, wherein it was unanimously agreed that public safety must be given priority over any other concern, the Kamra tal-Periti is hereby giving notice to all members of the profession of a directive that was also unanimously approved during said EGM.

Periti are hereby authorised to refuse to sign a Change of Architect Form in cases where they have submitted a report to the Building Regulation Office stating that the Developer qua owner/employer or the Contractor/mason have refused to follow their instructions on matters related to structural integrity. In line with the EGM’s decision, the Council of the Kamra tal-Periti will consider any actions by another Perit to take over the works concerned as constituting “supplanting” in terms of Provision 4 of the Code of Professional Conduct.

Periti are reminded that the Council of the Kamra tal-Periti is empowered to take appropriate action in terms of the Periti Act in case of breach of this Directive.

 

Perit Simone Vella Lenicker

President

 

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DIR 02/19 | Marsamxett Balcony Grant Scheme

Reference is made to the Expression of Interest (EOI) issued by the Planning Authority regarding the Marsamxett Balcony Scheme. Said EOI indicates that only those fees of periti who registered with the Authority will be reimbursed as part of the grant scheme, and this only up to €500.00.

The Kamra tal-Periti was not consulted on this EOI, and has the following observations:

  • This call is unprecedented, since it was never a requirement for periti to register directly with the Authority in order to be on some “list”. All periti, by virtue of their warrant, are eligible to submit applications on behalf of their clients, and do not require any form of endorsement or registration by the Authority.
  • The call guarantees that fees due to the periti who register with the Authority will be reimbursed directly by the Authority, up to the afore-mentioned cap. This means that unless periti are registered with the Authority, reimbursement to the applicant cannot be guaranteed; this cannot be accepted, not least because 80% of the funds come from EU sources. It also means that periti who are not on the list are disadvantaged since their clients cannot claim reimbursement of their fees.
  • The Authority has also taken it upon itself to decide what appears to be the appropriate fees for the services required, by establishing a cap on the amount that would be covered by the fund. In most cases, this will barely cover the fees required to undertake a survey of the property.

The Kamra tal-Periti has communicated with the Planning Authority regarding the above, and was informed that the creation of this register was deemed to  be required because a number of potential applicants were not able to engage periti to submit applications on their behalf, either because of lack of finance or because the periti they approached were not in a position to undertake the services required. The Authority also informed that the Kamra that the amount of fees covered by the grant was determined by the PPCD (Planning and Priorities Co-ordination Division). Despite the Kamra’s objections to the EOI, the Authority has not withdrawn said EOI, and the list of periti who registered is now available online.

Periti are reminded of their obligation at law to enter into a written agreement with their clients regarding the amount of fees due, clearly outlining the services to be carried out and the terms of payment (refer to the Kamra‘s Directive on this matter). Periti are also reminded that they are not obliged to receive payment for their services only after the grant is awarded, but at any time during the provision of the services that they deem fit, and that such dates are to be clearly stipulated in the agreement with the client.

 

Perit Simone Vella Lenicker
President

 

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DIR 01/19 | Advertising

Paragraph 3 of the Code of Professional Conduct published in 1968 stipulated that “A member must not advertise or offer his professional services to any person or body by means of circulars or otherwise, or make paid announcements in the Press except that: (a) He may apply to prospective employers for a salaried appointment; (b) He may advertise a professional appointment, open or wanted; (c) He may insert in the Press three notices of one change of address.”

Paragraph 4 also stipulated that “A member may allow signed illustrations and descriptions of his work to be published in the press, but he shall not give monetary consideration for such insertions.”

The Kamra tal-Periti consistently interpreted the above to constitute a complete ban on any form of paid advertising, while allowing periti to publish their work as long as this is not remunerated.

Through Legal Notice 116 of 2010, Government removed Paragraph 3 from the Code of Professional Conduct. The Council notes that it is a widely accepted practice across Europe for architects and engineers to advertise their services, notwithstanding this is subject to certain conditions.

Article 24(2) of the SIM Directive – 2006/123/EC reads: “Member States shall ensure that commercial communications by the regulated professions comply with professional rules, in conformity with Community law, which relate, in particular, to the independence, dignity and integrity of the profession, as well as to professional secrecy, in a manner consistent with the specific nature of each profession. Professional rules on commercial communications must be non-discriminatory, justified by an overriding reason relating to the public interest and proportionate.”

In light of the above, the Deontological Code published in 2016 by the Architects’ Council of Europe (ACE) stipulates that “No provider of architectural services shall either communicate or promote or represent themselves or their professional services in a false or deceptive manner; nor shall they allow others to do so, whether or not acting on their behalf.”

During the Annual General Meeting of the Kamra tal-Periti held on the 10th January 2019, the members present approved the following principles, which are being issued to all Warranted Periti as a Directive:

  1. The above-mentioned principles stipulated in the Architects’ Council of Europe Deontological Code are hereby being adopted by the Kamra tal-Periti, and therefore no Warranted Perit or Warranted Partnership of Periti shall either communicate or promote or represent themselves or their professional services in a false or deceptive manner, nor shall they allow others to do so, whether or not acting on their behalf.
  2. The Council of the Kamra tal-Periti shall be setting up a Working Group which will present a set of guidelines on advertising and marketing of professional services to the Council for its approval and dissemination to the profession.
  3. Until the formal publication of guidelines officially approved by the Council, periti are hereby notified that references to fees or fee structures for the provision of services in any form or advertising, publicity material, or marketing of their services or business, is not permitted.

 

The Council of the Kamra tal-Periti, as empowered by the General Meeting of 10 January 2019, will investigate any alleged breaches in line with the afore-mentioned principles, and, eventually, with the published approved guidelines. Any actions by periti which are found to be in breach of the above will be considered as conduct which is discreditable to the profession, as provided for in the Periti Act.

 

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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.

 

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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

 

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DIR 01/18 | Fees

Over the past couple of years, the Council of the Kamra tal-Periti has received an ever increasing number of complaints from members of the public regarding fees charged by periti. In most cases, the situation arises because the periti involved do not inform their clients of the fees that will be charged for the services rendered.

Although the Council of the Kamra tal-Periti does not enter into disputes relating to fees charged by periti, in view of the fact that clients have other means of redress for such issues, the Council would nevertheless like to draw your attention to Regulation 20 of Tariff K of the Code of Organisation and Civil Procedure, which states that:

20(a)  The foregoing provisions of this Tariff shall not prohibit a Perit and his client, from agreeing on a fee, or the basis on which the fee is to be determined which is different from that established by this Tariff, and in any case the agreed fee or basis for determining it, not being a basis prohibited by law, shall apply, subject to the provisions of the following sub-paragraphs:

          Provided that in any case, a Perit shall inform his client of the applicable fee or the basis on which the fee is to be determined before the service is provided.

20(b)  For the purposes of this paragraph, an agreement concerning fess shall be in writing.

 

It is therefore, not only in your interest, but it is also your obligation to ensure that any agreement on fees is made in writing, and that the services covered by such fee are clearly outlined.

Please be guided accordingly.

 

Alex Torpiano
President

 

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DIR 01/15 | Drawings, Design Documents and Intellectual Property of a Perit

It has come to the Kamra’s attention that Periti are frequently facing demands by their Client/s to provide a copy of drawings or other design documents in digital editable format.

Drawings, illustrations and/or other design documents are the intellectual property 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 and provision of a printed copy to the Client.

Although the Clients reimburse Periti for their professional services, with respect to designs, drawings and other design-related documents created by the Periti, the Client is entitled solely to their use 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 (such as Pdf) but there exists no obligation to provide same in an editable digital format (such as dwg files) unless this is specifically established in the Agreement between the Perit and the Client, which Agreement must be in accordance with Article 20 of Tariff K.

In the event that a Perit does decide (voluntarily and without obligation) to provide a Client or any other relevant third party with copy of such documents in editable format, then he is within his rights in demanding whatever remuneration he considers 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.

Christopher Mintoff
President

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