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PR 09/25 | KTP calls for national unity around deep and meaningful planning reforms

For decades the Council of the Kamra tal-Periti has been advocating for the need to reform Malta’s planning regime. The gradual, yet inexorable, decay of our built environment and quality of life over the past four decades has seen inevitably ever-increasing dissatisfaction and anger from the general public about the planning system and the construction industry in general. This, coupled with the several major construction incidents in recent years, makes the need for deep and meaningful reform not only more pressing, but inescapable.

The Kamra has been having several discussions with various Ministers, public entities, and NGOs on the need for reform over recent months. Indeed, it was recently entrusted to embark on a three-year project of completely overhauling Malta’s building and construction regulation framework through an agreement it signed with the Building and Construction Authority.

In the past weeks, it has also been engaged in regular and fruitful discussions with the Planning Authority about the need to collaborate on developing a National Architecture Policy which would analyse and address the strategic issues facing the practice of architecture in Malta. These discussions are at an advanced stage, and it trusted a detailed announcement on this matter will be made in the weeks ahead.

The Council of the Kamra was also concurrently engaged in discussions with the PA through the National Building Council on reforms to the planning appeal process – a reform that was long overdue. The inability to suspend planning permits during the appeal phase was a preposterous situation that needed to be addressed with urgency.

The Kamra’s position has been clear from the start: all permits should be suspended during the appeal phase which, however, should be shortened and made more efficient thereby striking a balance between the opposing interests in this debate. Indeed, the Kamra’s position has consistently been that the appeal timeframes should not exceed three months before the EPRT, and a further three months before the Court of Appeal, to which the standard statutory timelines for filing and responses were to be added.

In recent weeks, Council representatives were presented with draft text related to the EPRT Act to which it gave its feedback. The Council is satisfied that most of its recommendations were included in the final Bill. Nevertheless, a number of provisions found therein were not previously discussed.

A second Bill, however, was also concurrently published with the one governing the planning appeal process. This second Bill, Bill 143, proposes amendments to the Development Planning Act. It must be stated that the Kamra was never presented with this text and was only able to review it over the past three days.

Given the nature of the proposals in both Bills and the impact they may have on people’s lives, the Council felt it was prudent to review them thoroughly and dispassionately. An analysis report about each of the Bills has been drawn up outlining the Council’s detailed technical review, together with its comments and recommendations.

The reports seek to present a balanced, objective, and constructive assessment of what is actually being proposed. The reports include proposals for amendment or outright deletion of some of the articles in the Bills. They also, however, address incorrect misinterpretations of the content of the Bills that are being reported in the media.

Indeed, it is incorrect to state that only objections filed within the 30-day representation window will be considered. The actual text is exceedingly clear that objections can be changed and extended until the two-week deadline to respond to the case officer’s report. Moreover, objectors are given the right to file further submissions if any plans are changed at the request of the Planning Board.

There are, however, aspects of Bill 143 which the Council finds objectionable. This is particularly in relation to the change in planning document hierarchy and the provisions to modify plans.

While the Kamra recognises that Malta’s planning documents are poorly crafted and grossly outdated, piecemeal revisions and the absence of broad public participation in decisions affecting the well-being of this country and its citizens is not the correct approach.

The Council of the Kamra tal-Periti calls, yet again, for the initiation of a formal process for deep and meaningful planning reform, looking at rebuilding the entire planning system from first principles, informed by contemporary and sustainable planning paradigms.

The Kamra tal-Periti is willing to step up and lead the process, as it has already been entrusted to do with other reforms. The Council believes it is in a privileged position to take on this role, given the broad confidence and trust of opposing and varying interests it enjoys.

Finally, the Council welcomes the Prime Minister’s statements that the Government will be considering feedback about the Bills and trusts that the amendments put forward by the Kamra tal-Periti will be considered and adopted.

 

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PR 07/25 | KTP Council conducts site inspection as part of ongoing investigation into Paceville building collapse

This morning, the Council of the Kamra tal-Periti (KTP) continued its investigation into the building collapse in Paceville that occurred on Wednesday night.

Escorted by Deputy Director of the Civil Protection Department, Perit Graham Attard, Council members were shown the emergency stabilisation works carried out under his direction in the affected area. The Council then conducted a thorough inspection of the site, including the remains of Tania Flats, to help form a collective professional opinion on the cause of the collapse and determine whether professional negligence by a warrant holder was a contributing factor.

While the investigation into the circumstances leading to the collapse is ongoing, the Council noted that there was no evidence of excavation work having been conducted on-site at any point during the project. This was corroborated by the fact that the perit in charge of the project had not sought clearance for excavation works, nor had the Building and Construction Authority (BCA) granted any authorisation for such works. As a result, geological investigations were neither technically required under Eurocodes nor legally mandated.

The Kamra tal-Periti urges all stakeholders to exercise restraint and caution when making public statements about such incidents without first-hand knowledge of the facts.

 

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PR 06/25 | KTP commends the decisive action of periti that saved 32 lives

The Council of the Kamra tal-Periti has immediately initiated an investigation upon learning of the collapse of an apartment block in Paceville last night. While the investigation is still ongoing, a clear picture of what happened is beginning to emerge.

At the onset, the Council feels it is opportune to commend the two periti who raised the alarm with the authorities leading to the evacuation of the building. Without their timely action, at least 32 lives could have been lost.

The Council must also commend the public authorities, particularly the BCA, OHSA, Perit Nadia Curmi, and the police, for taking decisive action to avert what could have been a tragedy of proportions not witnessed in living memory.

Nevertheless, the role of a number of periti directly or indirectly involved in the incident is subject of an ongoing disciplinary investigation which will ascertain if there was any professional negligence or misconduct leading to the collapse of the building last night.

This incident, however, reinforces the Kamra tal-Periti’s considered opinion that the building and construction reform, which it was recently entrusted by the Government to lead, must not be solely limited to new buildings, but must also encompass all existing buildings.

This means that a review of the existing building stock and a strategy for retrofitting, maintenance, and repair must form part of the overall exercise that is currently being undertaken. The Kamra will indeed be putting such proposals to the stakeholders being consulted about the draft building and construction regulations.

 

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PR 05/25 | KTP demands IM be subject to the same laws and oversight as other developers

The Kamra tal-Periti has reviewed media reports and footage of the scaffolding collapse in Triq Mikiel Anton Vassalli, which occurred at a construction site managed by Infrastructure Malta (IM).

It is noted with grave concern that neither the Building and Construction Agency (BCA), the Occupational Health and Safety Authority (OHSA), nor Transport Malta (TM) have taken any action to safeguard the public or workers. Furthermore, none of these entities have issued any official statements regarding this serious incident.

It is pertinent to underscore that IM is merely an agency. Unlike the Planning Authority (PA), BCA, OHSA, or TM, IM does not possess any regulatory powers. Rather, it is an entity tasked by the government with implementing planned infrastructural projects. For all intents and purposes, IM acts as a developer and should therefore be subject to the same scrutiny and enforcement measures as any other developer under the aforementioned regulatory authorities.

If there are any laws, regulations, or policies that could be construed as granting IM exemptions from regulatory oversight, these must be urgently reviewed.

The health and safety of workers on IM’s construction sites, as well as the protection of neighbouring residents, third-parties, and the general public adjacent to or passing by its projects, are no less important than those on any other site and must be afforded equal protection under the law.

 

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PR 04/25 | KTP Council suspends periti involved in the Miriam Pace tragedy

The Council of the Kamra tal-Periti, given the national public interest surrounding this case, is hereby publishing its professional conduct decisions on Perit Roderick Camilleri and Perit Anthony Mangion pursuant to investigations that were opened following the collapse of a building in Triq Joseph Abela Scolaro in Ħamrun on 2nd March 2020 which led to the passing of nearby resident, Miriam Pace.

The Council’s findings are summarised below:

  • Perit Roderick Camilleri was found (i) to be in breach of Directive DIR 01/18, (ii) to be in breach of the Second Provision of the Code of Professional Conduct, (iii) to have failed to uphold professional standards and practices, and has decided to suspend his warrant for a period of twenty-eight months from the date of the publication of the decision in the Government Gazette.
  • Perit Anthony Mangion was found to have failed to comply with regulations with respect to professional standards and practices, and has decided to suspend his warrant for a period of fourteen months from the date of the publication of the decision in the Government Gazette.

 

Both decisions are subject to appeal and can only be brought into effect if and when they become res judicata.

 

 

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PR 03/25 | KTP Council opens investigations into Sliema and Bulebel incidents

The Council of the Kamra tal-Periti wishes to inform the public that two days ago it opened investigations into the widely-reported incidents that occurred in Sliema and Bulebel constructions sites. This is standard procedure for the Council, which has decided to disclose the opening of these investigations due to the public interest that has arisen around these particular cases.

The purpose of the investigations is to establish whether there were any professional short-comings by warrant holders involved in the projects.

It is pertinent to underscore that the opening of an investigation should not be construed to constitute findings of malpractice.

 

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PR 02/25 | A historic achievement for the Kamra and the profession

Earlier today Minister Jonathan Attard formally appointed the Kamra tal-Periti as its lead consultant in the drafting of the National Building and Construction Codes of Malta.

This is a historic milestone for the Kamra, after having campaigning incessantly for the implementation of its A Modern Building and Construction Regulation Framework for Malta first published in draft form in 2019, during the rapid succession of building collapses in various towns of Malta.

Through today’s agreement, the public sector and the industry stakeholders will be brought together to work towards a shared objective – that of implementing the recommendations regarding the building and construction codes outlined in the Sofia public inquiry report and adopting European standards and best practices over a period of three years.

The formation of the National Building Council, which brought together the two principal industry stakeholders, KTP and MDA, brought with it a spirit of ambition and determination to turn a page as quickly as possible on the negative perception the industry carries and shoulder responsibility for driving the necessary change forward.

The Kamra is honoured to have earned the trust of the Government and the industry stakeholders in taking the lead on such an important and delicate task. It is committed to living up to the expectations that are being placed on it.