PR 01/24 | MDA & KTP launch National Building Council
This afternoon, the Kamra tal-Periti and the Malta Development Association announced the establishment of the National Building Council at Villa Bighi.
Perit Andre Pizzuto, President of the Kamra tal-Periti, explained that talks between the two organisations have been going on for over a year, as he outlined Kamra tal-Periti’s main motivations behind this initiative.
The reputational damage the industry has suffered in recent years was of major concern to the Kamra. He stated that as the major leaders of the industry, the Kamra and MDA were dutybound to address it.
Pizzuto spoke of the need to raise quality across the board, and for this to happen the industry must agree on universal standards applicable to all ensuring that this objective is achieved. He stated that it was thus not only inevitable, but necessary for the MDA and KTP to come together to form this National Building Council. He underscored that despite campaigning incessantly for over five years for regulatory reform, KTP members have come to the conclusion that the only way to make any meaningful progress is self-regulation.
Perit Pizzuto concluded that this initiative is a test for both the MDA and the KTP to practise what they preach, deliver tangible measures, and be held accountable.
Michael Stivala, President of the Malta Development Association, described this initiative as historic, and proceeded to outline the main priorities for the National Building Council, including quality of building and materials, safety standards for workers and neighbours, upskilling, education and training for all stakeholders, and sustainable buildings.
Stivala spoke of the importance that the MDA and KTP work more closely to develop common agendas that result in better aesthetics and enhanced infrastructural capacity of the country.
The MDA president also spoke of the cost of unnecessary bureaucracy that is estimated to inflate the value of each apartment by over €15,000, posing affordability challenges without providing any significant value.
At the conclusion of their speeches, the two presidents signed the cooperation agreement which officialises the formation of the National Building Council.
PR 09/23 | Government fails to honour agreement with Kamra tal-Periti on budget allocation
During its Annual General Meeting held recently, the President of the Kamra tal-Periti outlined the successes and challenges the Kamra has had during 2023.
Among its successes, Andre Pizzuto highlighted three in particular:
- The coming into force of the new Periti Act, and the publication for the first time in the profession’s history of two separate lists of warranted architects and warranted civil engineers.
- The coming into force of new regulations for the licensing of contractors, which the Kamra strived for since 2007.
- The high profile the Kamra has been attained at an international level with direct representation on the Architects’ Council of Europe, European Council of Civil Engineers, and Engineers Europe.
Pizzuto expressed satisfaction at the Council’s efficiency in processing professional conduct cases during 2023. Indeed, improvements have been registered in almost all phases of the process (see fig.1), despite the fact that their handling is still being done on a voluntary basis with no budget allocation from the government.
Figure 1 – Status of professional conduct complaints at year end
Pizzuto also expressed his satisfaction that after long negotiations that started in May 2021, the government has finally transferred the amount of €15,000 for the Kamra to use as a deposit to initiate the development of an IT system to handle the new roles assigned to it by law.
Nevertheless, Pizzuto expressed his deep disappointment that despite reassurances given to the Council in July 2023, shortly after the announcement of the public inquiry into Jean Paul Sofia’s demise, that an annual budget of €150,000 to cover part of the Kamra’s statutory expenses would be allocated as from last October, these promises were not honoured.
This disappointment is exacerbated by the fact that while no budget allocation for the Kamra tal-Periti was deemed necessary by the government, the Real Estate Licensing Board was allocated €150,000, and Property Malta was allocated a further €300,000.
The lack of a budget allocation by the government for the Kamra – particularly at a time when the construction industry is in crisis and in desperate need of investment in upskilling, establishment of standards, and effective enforcement (including the Kamra’s disciplinary processes) – is considered by the Council to be politically short-sighted and negligent.
The Kamra trusts that the government will reconsider its position and provide it with the necessary funding so it may fulfil its statutory obligations to safeguard the public interest.
At the end of the general meeting, the new Council for 2024 was appointed as follows:
| President | Perit Andre Pizzuto |
| Vice President | Perit Matias Camilleri de Marco |
| Honorary Treasurer | Perit Ivynne Grixti |
| Honorary Secretary | Perit Nicholas Mallia |
| Communications & International Secretary | Perit Joeaby Vassallo |
| Secretary General | Perit Matthew J. Mercieca |
| Business Development Secretary | Perit Philip Farrugia |
| Education Secretary | Perit Prof. Rebecca Dalli Gonzi |
| Culture Secretary | Perit Sebastian Grima |
| Liaison Officer | Perit Anthony Bezzina |
PR 08/23 | Extension of validity period of development permits
In recent weeks, the Council of the Kamra tal-Periti has analysed the contents of S.L.552.33 published through L.N. 263 of 2023 to better understand the underlying reasons for its coming into force as well as its likely implications.
The Council noted that this was not the first time a similar legal notice was published. Indeed, shortly after the first few COVID-19 cases in Malta, a similar legal notice (S.L.552.30) was published extending all permits whose expiry fell between 27th March 2020 and 31st December 2022 by three years.
The more recent regulations extend all permits whose expiry falls between 10th November 2023 and 31st December 2024 also by three years.
The Kamra recognises that for the foreseeable months ahead, the industry will undergo a restructuring process as it adapts to new and expected regulations including the licensing of contractors, the new builders’ licence, new building regulations, the implementation of new regulations on energy performance in buildings and construction and demolition waste, taxonomy and ESG compliance, among many.
It is expected that these reforms will result in delays as the industry adjusts. These adjustments will also directly impact on the profession itself which will require a degree of training.
The Kamra, thus, welcomes the fact that the government has acknowledged this reality by extending the validity of permits.
Concurrently, however, the Kamra notes that the way in which the extensions were promulgated created a number of anomalies. Indeed, all permits whose expiry fell between 10th November 2020 and 31st December 2021 benefited from a total extension of six years, while those whose permits expired between 1st January 2023 and 9th November 2023 did not benefit from any extension. All others were granted an extension of three years. This is illustrated graphically below.
It is pertinent to note that while the Kamra was consulted regarding the first set of regulations published in 2020, regrettably, no such consultation took place with the latest set of regulations.
The Kamra calls on the government to address the anomaly illustrated in the above graph and attached table as soon as practicably possible.
PR 07/23 | Andre Pizzuto elected to the Executive Board of the Architects’ Council of Europe
André Pizzuto, President of the Kamra tal-Periti, was elected to the Executive Board of the Architects’ Council Europe (ACE). This prestigious appointment happened during the ACE General Assembly held on the 23rd and 24th November 2023 in Brussels.
The Architects’ Council of Europe (ACE) is the representative organisation for the architectural profession at European level. It consists of 51 Member Organisations, which are the regulatory and professional representative bodies in all European Union (EU) Member States, Accession Countries, the UK, Switzerland and Norway, and 5 Observers Members – Serbia, Turkey, Ukraine, Montenegro, RH of Macedonia). Through them, the ACE represents the interests of over half a million architects from 35 countries in Europe.
ACE is currently engaged in negotiations with its British and Canadian counterparts on the mutual recognition of architects as part of the wider free-trade agreement between the EU and UK, and EU and Canada.
It is also strongly engaged in negotiations with the European Commission on various EU directives, including the Energy Performance in Buildings, Services (Internal Market), Public Procurement, Proportionality Test, and Mutual Recognition of Professional Qualifications Directives.
ACE is also a leading partner of the Commission on the development and implementation of the New European Bauhaus programme, which seeks to elevate the quality of the built environment across the EU to achieve higher sustainability outcomes.
Bio Note:
André Pizzuto graduated in engineering and architecture at the University of Malta in 2002, and was granted a professional warrant to practise as an architect and civil engineer in Malta in 2004. He successfully read for a master’s degree in Planning Policy & Practice at London South Bank University in 2011. In 2016, he was conferred an MBA in Real Estate and Construction Management at the University College of Estate Management, Reading, and a Postgraduate Diploma in Project Management at the Royal Institute of Chartered Surveyors. Pizzuto is the Managing Director of Design Principle, an architecture firm he set up in 2004 based in Valletta. He was also Executive Head of the Property Services Department at the Housing Authority of Malta between 2011 and 2013.
He has been elected as Council Member of the Kamra tal-Periti since December 2014, occupying the post of Vice-President and Treasurer between January 2019 and December 2020. He has occupied the post of President since December 2020. He is also a Council delegate on Building Regulation in Malta since 2017 and represented the Chamber on the Building Industry Consultative Council (BICC) on matters related to building regulation and on the Architects’ Council of Europe. In 2017, he was also appointed Chairperson of the Chamber’s Building Regulation Working Group tasked with the formulation and development of a position paper on a comprehensive building regulation regime for Malta which was published in May 2019.
PR 06/23 | Kamra tal-Periti finalises its investigation into GO Exchange incident
Reference is made to the Kamra’s press release of 15th February 2023 wherein it was stated that it was opening an investigation into the incident that occurred in the site located in Psaila Street Birkirkara formerly housing the GO Exchange buildings to establish whether there any potential breaches by any of the periti involved in the project has occurred.
The Council had stated at the time that “[i]t is pertinent to underscore that the opening of an investigation does not imply any wrongdoing and consists in a fact-finding exercise to establish whether any professional malpractice did indeed occur. If the Council determines that there is a potential breach, the perit or periti involved will be afforded the right to exculpate themselves as provided for in the Periti Act.”
The Kamra tal-Periti is now in a position to announce the conclusions of its investigation:
- The demolition method statement did not instruct the contractor to execute the works as illustrated in the videos widely reported in the media;
- The contractor failed to follow the demolition method statement;
- The contractor failed to adhere with the instruction given on site by the STO on Thursday 9th February 2023 in agreement with the perit-in-charge to clear the site from demolition debris to allow the setting up of a mobile crane within the confines of the site before any further demolition works were carried out. This instruction was issued since discussions were underway between the perit-in-charge, the STO and the contractor on modifications to the method statement requiring the use of a mobile crane;
- The contractor appears to have decided to hastily proceed with the demolition works over the weekend as he sought fit in defiance of the instructions given by the STO instead of granting the time to the periti involved in the project to finalise the amended method statement;
- Moreover, the site manager failed to enforce the provisions of S.L.623.08.
The Council has thus determined that its investigation against the periti involved in this project would be closed since no breaches of the Periti Act were established. It is regretted that the Building and Construction Authority did not cooperate with the Kamra’s investigations.
PR 05/23 | Kamra tal-Periti welcomes licensing of contractors – calls for talks on improvements
The Kamra tal-Periti welcomes the fact that after campaigning for sixteen years, at long last the BCA has started receiving applications for the licensing of contractors. This is an important milestone for the modernisation and renewal of the industry.
The success of this licensing regime, however, is dependent on how willing the BCA shall be in disciplining contractors. Without a dogged determination from the BCA to take the necessary steps to bring professionalism to construction sites, these regulations will prove to have been an exercise in futility.
The Kamra tal-Periti notes however that there is scope for improvement in the regulations as published last week. The absence of compulsory Contractors’ All Risk (CAR), Employers’ Liability, and Liability Period insurance cover is a serious lacuna in the regulations, as also highlighted by the MDA.
While the Kamra recognises that regulation 5 (3) of L.N. 166 of 2023 stipulates that a licensed contractor is required to ensure works are covered by insurance, this causes an unnecessary burden on the BCA’s enforcement personnel and on clients to verify that insurance was indeed taken out.
The Kamra submits that it is far more practical to ensure that adequate insurance cover is a pre-requisite for the issuance of a licence, as is the case under the Periti Act which mandates that all periti must be covered by insurance prior to being issued a certificate to practise from the Kamra. The presentation of a licence card should be sufficient proof of coverage for clients.
The Kamra calls for urgent discussions with the Government and the MDA to address this lacuna, having taken note of the Malta Insurers Association’s unwillingness to provide such cover, by exploring alternatives to local underwriters.
Moreover, the Kamra calls for a timetable to broaden the licensing regime to include building services and finishing works in the medium-term to ensure that standards are raised across the industry.
PR 04/23 | Court of Appeal confirms Kamra tal-Periti’s decision to suspend perit’s warrant
The milestone judgement reaffirmed a number of critical points of law, including:
- The Council of the Kamra tal-Periti’s legal remit and procedures to oversee disciplinary proceedings as envisaged in the Periti Act, Cap 390, and the Chamber’s regulations thereto are in line with the European Convention on Human Rights and the Maltese Constitution. Disciplinary proceeding conducted by a professional body such as the Kamra tal-Periti composed of peers carrying out investigations and taking disciplinary decisions are indeed in line with Article 6 of the ECHR.
- The directives published by the Kamra are legitimate instruments as they are intended to guide periti to act diligently in line with the art and the profession, consistent with the dignity of the profession.
The judgement also confirmed the rigorous approach employed by the Council in reviewing complaints made by members of the public and in upholding public safety on construction sites.
Since the beginning of the year, the Council has closed eleven cases on a prima facie basis and five formal conduct hearings. It is currently carrying out forty-two prima facie investigations and holding six disciplinary proceedings. A further thirty-three allegations of misconduct are currently pending.
This judgement is only the second such appeal judgement in the Kamra’s history and provides invaluable guidance for the Council to learn from as it seeks to perfect its processes and its decisions to ensure the highest integrity and credibility.
The Council will continue to strive to act diligently and in good faith as it has been doing particularly in recent years to ensure that allegations of misconduct are handled expeditiously and in full observance of the constitutional rights of the parties involved.
PR 03/23 | When in a hole…
Reference is made to this afternoon’s article carried in the MaltaToday online titled “Planning minister refuses to apologise to Kamra tal-Periti over scheme rollout blunder”.
At the onset, the Kamra tal-Periti wishes to point out that it never requested an apology for itself or the members of its Council, but for all periti who wasted a week of their professional time, their dignity trampled on, as well as to their clients whose hopes were needlessly raised through the extensive PR. Funds that could have been diverted towards more restoration projects.
Nevertheless, it is pertinent to point out that in none of the “consultation” meetings held with the Planning Authority nor with the Minister was the Irrestawra Darek scheme ever brought up.
The first Council members heard of the scheme was on 19th May at 3.30pm; the day the scheme conditions were communicated to all periti via email.
Our immediate reaction was of shock and dismay as we noted that the date and time chosen seemed to intentionally clash with the seminar organised by the Kamra regarding the Santa Luċija judgement to which the PA was invited. We raised our concerns with both the Minister and the Executive Chairperson about this, and asked for the opening to be shifted by a day or at least moved to 2pm. The Minister’s response was that he was only willing to shift the opening to 12pm. However, we never got direct confirmation of this shift until Monday, when an email sent out to all periti confirmed the change in time – causing a general scramble across the profession and in the organisation of the seminar.
Given that the scheme conditions had been formalised, there was clearly no scope for integrating the recommendations about the 2019 edition the Kamra had given former Ministers for Planning Ian Borg and Aaron Farrugia, as well as former PA Board Chairperson Perit Vince Cassar, and former Executive Chairpersons Johann Buttiġieġ and Martin Saliba, among others.
It is indeed unfortunate that none of the aforementioned provided a proper handover to the current Minister and Planning Authority administration. It would have certainly averted the debacle in this year’s edition.
Had the handover been effected, or the Kamra consulted, the Minister would have been made aware of our objection to the first-come first-served basis as well as other negative elements of the scheme. The first to benefit from the Kamra’s recommendations, as always, would be the Minister and the affected authority.
Despite the above, we welcome the fact that Minister Zrinzo Azzopardi is finally considering reopening the scheme after taking our recommendations into consideration.
PR 02/23 | The Irrestawra Darek Farce
The launch of the Irrestawra Darek scheme earlier today signalled the epitome of the Planning Authority’s disregard for the profession.
The scheme, which was heralded which much pomp and fanfare, opened at 12 noon today. To the consternation of periti and their clients, the online application platform collapsed within seconds under heavy traffic of users all trying to race each other at getting their applications through. After two hours of refreshing the error pages, the application form disappeared from the website indicating that the scheme may have been shut down by the Planning Authority altogether.
The scheme wasted a full week of work of several architecture studios, with the risk that disappointed customers may blame their architects for their unsuccessful attempts at applying, rather than the preposterous application system adopted by the PA, and not pay them for their services.
This is indeed not the first time this scheme has failed for similar reasons, although never was this scheme managed as badly as today. The Planning Authority launched this scheme without heeding any of the recommendations the Kamra tal-Periti had given it in past editions, including the removal of the first-come-first-served basis, and keeping the scheme permanently open.
This time, however, the Kamra cannot be satisfied with sending polite and articulated recommendations which remain ignored. Indeed, the Kamra is making the following demands pursuant to today’s debacle:
- The Planning Authority issue an apology to all periti for the disdain shown to the profession through the logistics behind the scheme. A similar apology should be issued to the clients who missed out on the scheme.
- An immediate repeal of the first-come-first-served basis, and the reopening of the scheme until the end of June 2023 to allow everyone who did not win the browser refresh lottery to have an opportunity to benefit from the scheme.
- The drawing of lots from all eligible applicants after June 2023 to determine who will succeed in getting the funds.
- The immediate reopening of the scheme without an end-date and the placing of applicants in a waiting list until funds are made available again.