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PR 01/23 | Kamra tal-Periti calls for real and effective deterrent for contractors

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On Saturday 11th February 2023, the Council of the Kamra tal-Periti opened an investigation to establish whether the incident that occurred in the site located in Psaila Street Birkirkara formerly housing the GO Exchange buildings gave rise to potential breaches by any of the periti involved in the project, including the perit in charge of the project and the site technical officer.

It 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.

 

Regardless of any professional shortcomings, no perit, whether acting as perit-in-charge or STO, can possibly control unscrupulous cowboys with questionable competence at the wheel of heavy machinery toppling over buildings into public spaces as witnessed in Psaila Street.

The fact is that the professional conduct of periti is heavily scrutinised, and rightly so. The Council of the Kamra takes its disciplinary role very seriously and will process this case employing the principles of fairness and due process to safeguard the periti being investigated as well as the public interest.

This contrasts sharply, however, with the scrutiny of contractors. Those involved will suffer no consequences for their actions as not only is there no comparable disciplinary procedure for contractors to that of the Kamra, but there is not even a licence to lose.

 

Without a deterrent of a real and effective punishment, the industry is overrun by anarchy, which is tempered solely by the goodwill of those periti, developers and contractors who feel a moral and ethical obligation to uphold standards against all odds.

 

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PR 04/22 | Andre Pizzuto re-elected president of the Kamra tal-Periti

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Following an AGM held on 5th December 2022, Perit Andre Pizzuto was re-elected president of the Kamra tal-Periti by a unanimous vote of the Council after having received 95% of the votes at the AGM. Perit Matias Camilleri de Marco was elected Vice President and Honorary Secretary and Perit Ivynne Grixti was elected as Honorary Treasurer.

During his address, Pizzuto stated that “Dark forces of resistance have stalled the progress our industry and profession so desperately need. It is a resistance stemming from fear, incompetence, selfishness, greed, speculation and ignorance.”

“The result of this resistance, as we have witnessed too many times this year already, is death. A quality of life that ranks among the lowest in the industrialised parts of the world. A built environment that has been wrecked by individualism and profit. Younger generations who cannot wait to leave the country. Exploitation of foreign workers. Traffic congestion, flooding, noise and air pollution, and excessive waste generation. A profession that has been humiliated and hollowed out.”

 

Pizzuto went on to state that it would be unfair, however, to claim that no change has happened in the past two years. He mentioned the passing of the Periti Act and the BCA Act as long overdue but critical milestones that “will redefine our profession and the industry for years to come”.

During his speech, he also announced that the powerful motion approved by the EGM held in May of this year setting a deadline for government to license contractors by October reached its intended results. Indeed, Minister Zrinzo Azzopardi presented to the Kamra the concepts behind the new licensing regime at the end of October which found the Council in full agreement. Furthermore, on Monday the Kamra received the draft regulations which are expected to come into force very shortly. Pizzuto commended Minister Zrinzo Azzopardi for showing resolve to make effective reforms at every meeting held with the Kamra, and to consult with the Council throughout.

 

Pizzuto also explained how he prioritised professional conduct on the Council’s agenda during his first two-year term. He announced that in 2021 the Council closed 29 prima-facie investigations and 3 formal conduct cases, while in 2022 it closed 15 prima-facie investigations and 17 formal conduct cases. On its current agenda, the Council has 7 ongoing prima-facie investigations, 5 ongoing formal conduct cases and nine appeals being heard before the Court of Appeals.

 

In relation to the issue of quality in architecture, Pizzuto explained the work that is about to start on the drawing up of an Architecture Framework which will establish processes and criteria to ensure quality in design underpinned by the UN Sustainability Goals, in collaboration with the Ministry of Finance and Employment. As a second phase, the Kamra and Minister Clyde Caruana have agreed to establish Design Review Panels to further improve the critical review of architectural projects to ensure better design outcomes.

 

Pizzuto concluded by stating that “there is still a lot of work to be done to modernise the industry to meet the qualitative standards that our European counterparts are accustomed to.” He augured that the next Council will reinstate the Premju Emanuele Luigi Galizia to ensure that the profession truly recognises those who, against all odds, succeed in producing a beautiful and well-built legacy for the future.

 

The full list of elected Council members is:

 

Perit Andre Pizzuto, President

Perit Matias Camilleri de Marco, Vice President and Honorary Secretary

Perit Ivynne Grixti, Honorary Treasurer

Perit Damian Vella Lenicker

Perit Duncan Muscat

Perti Nicholas Mallia

Perit Philip Farrugia

Perit Dr Rebecca Dalli Gonzi

Perit Sebastian Grima

Perit Toni Bezzina MP

 

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PR 03/22 | Court chastises Planning Authority for illegally authorising demolition of historical Sea Malta building

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On 20th March 2018, the Kamra tal-Periti, together with Din l-Art Ħelwa and Flimkien għall-Ambjent Aħjar, had sued the Planning Authority over the illegal authorisation granted to Enemalta plc to demolish the Sea Malta building at Xatt l-Għassara in Marsa.

The Sea Malta building, or what is left of it, is an important part of our architectural heritage – a fine modernist building that successive administrations sadly failed to adequately protect and schedule.

 

The court case had been filed after having first written to former Prime Minister Joseph Muscat on 6th December 2017 stating that “this building is now severely dismembered as a direct result of the Authority’s failure to recognise its error, to ignore repeated calls for the works to be stopped, and to blatantly ignore the findings of the investigation carried out by the Commissioner [for the Environment and Planning]. This behaviour can only be described as an utter disgrace, and a clear signal that the Authority believes itself to be above the law.”

The Kamra had called on the former Prime Minister for immediate action to be taken to ensure that abusive planning approvals for demolition of our built heritage are reversed, and that the necessary measures are taken to safeguard historical buildings from further destruction under the guise of permitted development. A request for an urgent meeting was also made. This letter and successive pleas for discussion remained unanswered.

 

On 29th December 2017, the Commissioner for the Environment and Planning within the Office of the Ombudsman had confirmed the Kamra’s position about the substantive and procedural failings of the Planning Authority in this case. Indeed, the PA’s Executive Council had explicitly voted to ignore the Ombudsman’s findings and allow the demolition of the Sea Malta building to proceed regardless.

 

Yesterday’s final judgement confirms the Kamra’s position on the systematic failings in the planning processes that make a pretence of being rigorous but fail to truly protect the country’s built environment and its historical architectural legacy.

Over recent months, we have witnessed various images going viral on social media illustrating the travesty surrounding the purported protection of architectural heritage, from prehistoric cart-ruts to rural chapels and prominent 19th Century buildings in St Julian’s. These images nakedly expose this pretence, which should no longer be ignored by decision-makers. As witnessed in the Sea Malta building case, given the opportunity, the PA’s Executive Council will vote for the demolition of cultural heritage rather than its protection.

 

The Kamra shall continue to advocate for the need for comprehensive planning reform to ensure that the Planning Authority begins to focus on upholding the public good rather than speculative interests.

 

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PR 02/22 | Licensing of Contractors

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The Kamra tal-Periti welcomes the announcement made by the Minister for Public Works and Planning, Dr Stefan Zrinzo Azzopardi, regarding the imminent publication of draft regulations on licensing of contractors for public consultation.

This announcement comes after months of meetings with Ministry officials following the Extraordinary General Meeting held on 26th May 2022 during which the profession had insisted that such regulations should be published by October.

The licensing of contractors is a critical step in the renewal of the construction industry, and is essential for our country to meet the necessary qualitative and environmental standards demanded by the public, responsible stakeholders, European Directives, and the market.

 

The Kamra has been campaigning for licensing of contractors since 2007, and had secured a Letter of Commitment signed by the Minister responsible for the sector at the time in the wake of the spate of building collapses in 2019.

Although over three years have elapsed since the Letter of Commitment, the Kamra has doggedly persisted about the need to license contractors and shall continue to do so until a proper licensing regime is in place.

 

Following the Minister’s announcement, the Kamra was invited to attend a further meeting in the coming days to review the final draft regulations. The Kamra shall continue to offer its technical support to the Government to ensure that the implementation of this important regulatory development is not only undertaken competently and smoothly, but without any further delays.

 

 

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The Shift News and Ethics

The Shift News has today published a news article on its web portal which heavily editorialises and distorts a reply sent to its editor, Caroline Muscat.

 

The full email is being published below for the record.

 

 

Dear Caroline,

 

In reply to your specific question, the first provision in the Code of Professional Conduct stipulates that “[a] member [of the profession] must not hold, assume or consciously accept a position in which his interest is in conflict with his professional duty”. This is common in deontological codes in most professions locally and abroad. The emphasis is on avoiding conflicts between professional duty and personal interests.

 

Such a conflict would arise when a professional could stand to gain personally from delivering a particular service in such a way that it undermines the client’s interests. It follows, therefore, that a perit delivering a professional service to himself cannot have a conflict of interest precisely because the interests are aligned.

 

It is pertinent to note that we are not aware of any European or North American states where an architect is prohibited from working on his own projects. You may wish to peruse a number of projects linked below where this was done successfully:

 

https://en.wikipedia.org/wiki/Palazzina_Vincenti

https://www.dezeen.com/2022/01/29/architect-designers-homes-interiors-lookbooks/

https://www.ft.com/content/cfe85654-5d31-11e9-9dde-7aedca0a081a

 

 

Professional duty is not, however, limited to safeguarding the client’s interests. It also encompasses exercising the profession diligently, in line with established codes of ethics, codes of practice, standards and the law.

 

Regards,

 

Andre

 

This is indeed not the first time this news outlet has misrepresented the Kamra or a member of the profession. On 13th June 2022, Shift News published a story claiming that “[s]ources close to the agency told The Shift that despite the intense unofficial lobbying, particularly by NGOs and elements of the Chamber of Architects not to re-appoint Portelli’s architect as chair of the regulator…“. This is a categorically false statement. Despite a Right of Reply request being sent, Ms Muscat decided not to publish it.

More recently, The Shift News falsely reported that Perit Yanica Zammit was the architect in charge of the FTS school in Msida. On this occasion, after apparently insisted attempts by the maligned perit, the right of reply was eventually published.

 

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PR 01/22 | The 74th General Meeting of the European Council of Civil Engineers convenes in Malta to discuss the challenges of Climate Change

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The 74th General Meeting of the European Council of Civil Engineers convened in Malta this morning. This was the first time this prestigious European federation convened in person since the COVID-19 pandemic began in early 2020. The event was organised with the support of the Ministry for Public Works and Planning.

 

 

 

Opening the general meeting, the ECCE President Engineer Andreas Brandner stated that the COVID and the war in Ukraine have caused serious disruptions to the production and shipping of materials across Europe resulting in significant inflation.

 

Brandner also remarked that the effects of the failure to maintain and upgrade critical European infrastructure, including water, transport and sewage systems, to cut public expenditure is becoming increasingly apparent. The measures that many European governments are now adopting, driven mainly by lobby groups, are resulting in an exorbitant waste of public funds. The ECCE president called for a more holistic approach in this regard.

 

 

Andre Pizzuto, President of the Kamra tal-Periti and host of the four-day event, spoke of the critical role of built environment professionals, and in particular civil engineers in addressing the climate emergency. Pizzuto remarked that “during these past two years, as members of society became more sharply aware of the vulnerability of humanity on this earth, the impetus to address the impending climate emergency gained renewed urgency.”

 

Pizzuto referred to research publications pointing to the fact that “Malta’s energy demand over the next thirty years is projected to grow significantly, as its population continues to also grow at a fast pace. By the end of this decade, buildings will account for over 50% of the energy demand. A further 30% will be consumed for transportation.”

 

“The dominance of cars in Malta, with 6 cars for every 5 inhabitants, further exacerbates the unsustainable energy demand in our country,” he warned.

 

The KTP President called on the European Commission and national governments across Europe to strengthen the engineering profession by affording it the recognition it merits and providing the necessary legislative and regulatory infrastructure for engineers to meet the challenges posed by the climate emergency in a safe and sustainable manner.

 

“Nobody in their right mind would have considered liberalising and lowering standards in the regulation of health professionals during the peak of the health crisis we have just been through. Then why does the Commission think it is appropriate to continue advancing the notion that dropping standards in engineering is appropriate in the midst of this environmental emergency?” he asked.

 

 

In his opening address, Minister for Public Works and Planning, Stefan Zrinzo Azzopardi said that the Government, mindful of the challenges affecting the construction sector, mainly where human resource management is concerned, will be introducing new laws aimed at improving regulations in the field including those on the licensing of contractors and improving the skills of all workers in the sector. Once adopted, these laws will boost the quality and standards of the construction industry. The Minister added that it is also vital that a safe development process is also energy efficient and considers the needs of the public, particularly the end consumers. He stated that it is time for the Civil Engineers’ profession to take a more leading role in the planning and design processes. They need also to contribute towards helping the country to reach its net-zero target and climate action programmes. Minister Zrinzo Azzopardi stated that a healthy community in a resilient economy will look at these disruptions as an opportunity for change, a change for the better.

 

 

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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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Courts Registrar extends call for Periti to serve on Land Arbitration Board until 15th May 2022

The Court Services Agency has asked the Kamra to extend the deadline for periti with at least seven years’ practice to submit their nominations to serve on the Land Arbitration Board.

The term of office is of five years and may be renewed for further periods.

 

The Kamra tal-Periti is hereby notifying all interested members of the profession to submit their nomination through the registration form below.

The new extended deadline for the submission of nominations is 15th May, 2022 at 5pm.

Periti who have already submitted their nomination, need not reapply.

    Please prove you are human by selecting the tree.

     

     

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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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