PR 03/21 | KTP welcomes the passing of the Periti Act and BCA Act by Parliament
The Kamra tal-Periti is deeply satisfied that after an interminable struggle lasting fourteen years and spanning five administrations, the law regulating the profession of periti has been unanimously approved in Parliament yesterday evening.
The new Periti Act will allow for a long-overdue modernisation of the profession and the strengthening of the Kamra’s role in regulating the profession.
One of the main the changes the new Act will bring about is the introduction of Certificates to Practise issued annually by the Kamra to warrant holders providing services to the public and therefore carrying liability for their services. The issuance of Certificates to Practise will be conditional to warrant holders possessing professional indemnity insurance or another form of adequate protective cover and minimum continuous professional development training. The possessors of the Certificate to Practise, whether in the private or public sector, will also be issued with an official professional stamp as a mark of recognition for their clients, and public and private institutions receiving official documentation from periti. This reform will serve to raise the bar and professionalism of warrant holders to the benefit of the wider public and the profession itself.
Another key change is the introduction of two lists within the warrant of Periti – the Perit Arkitett and Periti Inġiniera Ċivili. Apart from addressing infringement procedures opened by the European Commission against Malta about the previous Periti Act, this innovation creates a distinction between the professional qualification routes for architects and civil engineers and marks the beginning of a transition from generalists to specialists in various fields of practice. This distinction is expected to greatly benefit the quality of our built environment and the quality of construction.
Of great importance to the Kamra, of course, is the consolidation of the Kamra’s role as the regulator and sole representative body of periti in Malta. It also introduces the Periti Professional Conduct Board, a new body to which professional conduct cases can be delegated by the Council of the Kamra to improve its efficiency and guarantee a speedier due process for all parties concerned.
This Act was passed during the Kamra’s centenary year. It was indeed just over a hundred years ago, as the country was exiting another pandemic, that the Kamra was set up following a spate of building collapses. The Kamra has evolved over the past one hundred years but remains a widely trusted and respected institution that not only looks after the interests of the profession but also seeks to protect the common good in all its efforts.
With the passing of this Act, the Kamra is now in a position to gradually begin rolling out long-overdue reforms within the profession that depended on the new Periti Act. These reforms will bring the profession firmly into the 21st Century. It will also help begin to address the serious problems within the construction industry and our built environment.
The Kamra tal-Periti also strongly welcomes the concurrent passing of the Building and Construction Authority Act. While the Periti Act and the Kamra tal-Periti will serve to underpin the reform of the building and construction industry, this new authority will serve as its foundation.
Most of the concerns raised by the Kamra in recent weeks about the Bill have been addressed in Parliament through amendments brought forward by Government and Opposition.
There is still a significant amount of work to be done to align Malta’s building and construction industry with that of our European partners. However, the Kamra remains resolved to support Government in the drafting of regulations and their implementation to ensure that the public’s health and safety and quality of life are not only protected but enhanced.
PR 02/21 | Kamra tal-Periti and Vivendo Group Establish Collaboration Alliance
The Kamra tal-Periti is delighted to announce the signing of a Partnership Agreement with Vivendo Group.
The signing of this agreement forms part of a new strategic direction embarked upon by the Kamra to increase value to its members in the Architectural Profession. The Kamra is teaming up with a selected number of leading partners in the building and construction industry with a view to provide value and resources such that the Kamra may play a more effective role with its members and interested stakeholders.
This collaboration between Vivendo and Kamra tal-Periti is a consolidation of the last few years of strong commitment between the two parties. In this respect, the Vivendo brand will sit side by side with that of the Kamra in each initiative tackled jointly. By providing invaluable resources that are channelled towards the improvement of the built environment in Malta, Vivendo is placing itself at the forefront of supporting the Kamra. By working with Malta’s architects, Vivendo creates spaces that look great and feel great focusing primarily on the furnishing and finishing of office spaces, hotels and gyms.
Vivendo will benefit from direct exposure with the community of Periti operating in Malta. Similarly, the Kamra and Vivendo will co-organise two specialised training sessions per year for Periti and their staff on innovative trends, products, and materials.
To this end, as part of this agreement, Kamra members will have exclusive access to training and educational webinars, in collaboration with Vivendo’s key partners, including Vitra, Technogym, Rockfon and Frezza, who are at the forefront of international design trends and solutions in the building and interior design industry.
Speaking at the signing on behalf of Vivendo, Christine Gingell, B2B Development Manager said that the Group is a firm believer in close relations and communications with the architecture profession and this agreement addressed this philosophy. “We look forward to working closely with the Kamra tal-Periti and we are confident that the exposure will result in mutual benefits for the company as well as for the Periti. The architects’ community has always been at the core of our business. With the support of our key brand partners, we will continue to support the architects and the industry with sustainable solutions in executing their design concepts”.
KTP President, Andre Pizzuto commented that the Kamra was delighted to form this new alliance with Vivendo. “We are confident that this agreement paves the way for a new approach at the Kamra by which we are able to team up with market players which share our ethos and vision for higher standards and professionalism in the local Construction Industry and in the process enhancing quality of life for the Maltese people both through a finer built environment for Malta.”
PR 01/21 | KTP welcomes adoption of its proposals during parliamentary speech introducing Construction Bill
The Kamra tal-Periti recognises yesterday’s introduction in Parliament of the Bill to establish the Building and Construction Authority as the achievement of a long-awaited milestone. It commends Parliamentary Secretary Chris Agius for this important step and pledges its full cooperation towards a successful implementation.
The Kamra is encouraged by the fact that the Bill was clearly influenced by its proposal document and the presentation given to the Prime Minister’s Technical Committee last March, as evidenced by the adoption, at least in principle, of several of its recommendations.
Indeed, Hon. Agius echoed in his speech almost every principle contained in the Kamra’s proposal document: A Modern Building and Construction Regulation Framework for Malta. This was a highly rewarding moment for the Kamra as well as the Profession, which had endorsed the Kamra’s framework at three consecutive General Meetings.
The Kamra shall be proposing additions to the Bill to emphasise the need for separation in the Act between building regulations, which govern design standards falling within the remit of architects and engineers, and construction regulations, which govern construction safety, methodology, and processes falling under the responsibility of contractors.
This pertinent differentiation is an integral part of the ten fundamental principles set out in the Kamra’s framework document and was agreed to by Government in its Letter of Commitment of 2nd August 2019. The Kamra looks forward to collaborating with Government in the coming days in order to address this with a view to ensuring that our country can be supported with the best possible legislation in the years ahead: this in the interest of public safety.
It must be stressed, however, that the passing of this Bill represents the first of a number of milestones in the long journey the industry faces in modernising and reaching European standards.
The success of this journey will depend on the quality of the regulations and subsidiary legislation that will follow this Act. The Kamra augurs that the focus of these regulations and subsidiary legislation will be placed on accident prevention in the interest of public safety, rather than simply listing stakeholders’ responsibilities to ascribe blame in the aftermath of an incident. To this end, the Profession eagerly anticipates the introduction of competent systems based on international best practices which envisage building control processes aimed at preventing accidents by means of rigorous in-built checks-and-balances, as well as the licensing of unregulated stakeholders.
The ten important principles contained within A Modern Building and Construction Regulation Framework for Malta:
- The separation of planning permit and building permit processes;
- Clear well-organised regulatory processes designed to promote public safety, and quality, in the interest of the consumer, rather than being focused on ascribing blame post-accident;
- Clear distinction between the regulations governing building (the permanent works) and those governing construction processes and temporary works.
- The BCA is to take on the consolidated role of the assessment of buildings, building authorisations, enforcement, and monitoring of the construction processes, with the 22 public entities hitherto entrusted with the different areas of interest, becoming key stakeholders in the drafting of regulations and guidance documents
- Major projects and public buildings to be subjected to an independent review, particularly in terms of structural design and fire engineering through the introduction of a new professional figure (Engineering Auditor).
- Contractors to be solely responsible for the process of construction, including temporary works, and would therefore have full possession of construction sites for the duration of the works. They would obviously need to have specific skills, and should therefore be classified and licensed according to such skills.
- The enforcement of construction regulations to be delegated to private service providers, licensed by the BCA, referred to as Building and Construction Inspectors (BCIs).
- Contractors to be required to certify that the executed works comply with the design instructions, and with the requirements of the Construction Products Directive.
- The construction phase will be concluded by the issuance by the BCA of a Compliance Certificate, which, inter alia, authorises that the building can be brought into use.
- Post-occupancy checks and audits to be undertaken as pre-determined by the BCA to ensure the continued compliance of the structure with building regulations.
PR 11/20 | Perit André Pizzuto elected President of the Kamra tal-Periti
The Kamra tal-Periti held its Annual General Meeting on the 10th December 2020, the day after the Periti Act was moved to second reading in Parliament. Outgoing President, Perit Simone Vella Lenicker, welcomed this important milestone during the Kamra’s first virtual AGM, and highlighted the strong ties between this legislation and the challenges faced by the profession and the building industry. She also reported ongoing divergence on pertinent aspects of the Bill on two crucial aspects relating to (1) the alignment of the liability period with European averages and with insurance products available on the market, and (2) the appointment of the Board of Professional Conduct. The Kamra was satisfied that the Bill had generally reflected the direction laid down in previous General Meetings and now augurs that it can achieve full agreement with the lawmakers on these outstanding matters in the interest of the profession and the industry.
The General Meeting approved two motions reiterating its position on the Periti Act and the Building and Construction Regulations Framework, and entrusting the Council of the Kamra to ensure that decisions approved during previous Meetings are implemented. The first motion related to the pending divergences highlighted above. The second related to the Building and Construction Regulation Framework and the AGM once again entrusted the Council to ensure that Government honours its written commitments made in August 2019 regarding the implementation of the necessary legislative and administrative changes.
Perit André Pizzuto was endorsed as President through a unanimous vote. He has contributed to the Kamra for the past 6 years, spearheading the publication of A Modern Building and Construction Regulation Framework for Malta, as well as the setting up of the Emanuele Luigi Galizia Awards. In his address, he spoke of three main aspects that will characterise his term, namely: the strengthening of the Kamra as an organisation capable of generating resources and delivering services to its members; renewed efforts to restructure the industry and its legal framework; and eagerness to modernise the profession so it can rise to the challenges posed by climate change, digitalisation of design and information modelling, and emerging construction technologies.
Dr Amber Wismayer was elected as Vice President. She has held the role of Honorary Secretary of the Kamra since 2013, a role she will retain until end-2021.
The AGM elected two new Council members, Perit Matias Camilleri De Marco and Perit Adrian Mangion, and confirmed two incumbents Perit Dr Jeanette Muñoz Abela and Perit Anthony Bezzina.
The appointment of Kevin J. Borg as Managing Director of the Kamra tal-Periti was also announced during the General Meeting. He has been tasked with the implementation of a detailed and holistic three-year Business Plan which was approved by the Council earlier this year.
CIR 18/20 | UK withdrawal from the European Union
Communication relayed from the Architects’ Council of Europe
The United Kingdom left the European Union on 31 January 2020.
A Transition Period was agreed, running from 31 January 2020 to 31 December 2020 – during which time, the UK and the EU are negotiating the terms of a Free Trade Agreement which should cover, amongst other things, provisions for mobility and the provision of professional services.
While Directive 2005/36/EC on the Mutual Recognition of Professional Qualifications (MRPQ) will no longer apply from 1 January 2021, the arrangements currently set out in this Directive continue to apply until the end of the Transition Period – including provisions for automatic recognition, recognition under the general system and temporary or occasional provision of services.
From 1 January 2021
The UK Government has said that
- EEA/Swiss Architects already registered with ARB will continue to be recognised;
- EEA/Swiss Architects practising under temporary and occasional status will be able to continue to do so until the expiry of such status, with no option to renew;
- EEA/Swiss Architects who have submitted applications to ARB to have their professional qualification recognised before exit day but have not yet received a decision will have their application considered/concluded under the Directive procedure as far as possible (within the deadlines set out in the UK Architects Act 1997).
The EU Commission has also stated that decisions on the recognition of UK qualifications in EU Member States before 1 January 2021 are not affected[1].
Therefore, UK architects thinking of registering in one of the 27 EU Member States – and EU27 architects thinking of registering in the UK – are advised to initiate the procedure before 31 December and ideally as soon as possible if they wish to benefit from current arrangements. All those seeking to register in the EU27 or the UK are advised to check national application requirements in the host state and ensure that all relevant documents and certificates are available prior to making an application.
Applications submitted after 1 January 2021
- The UK has indicated that it will retain a system of recognition for EEA and Swiss qualifications at exit day that is similar to the current system.
- ARB, the UK regulator of architects will continue to recognise EEA/Swiss qualifications that are currently automatically recognised and referred to in point 5.7.1 of Annex V to Directive 2005/36/EC as it has effect on the day the UK exits the EU, provided the applicant has access to the profession in their home state. EEA/Swiss citizenship will not be a requirement for this system of recognition.
- EEA/Swiss qualifications previously falling in the scope of the General System, and acquired rights nationals, will be required to apply under the third country route to recognition. This includes undertaking ARB’s Prescribed Examinations at Part 1 and Part 2, and the completion of an ARB-prescribed UK Part 3 qualification.
- Individuals with UK qualifications seeking recognition to offer services in the EEA or Switzerland should check national policies in the host State.
Implications for the recognition, in the UK, of holders of EEA/Swiss qualifications
- For EEA/Swiss professionals (including UK nationals holding EEA/Swiss qualifications) who are already established and have received a recognition decision in the UK, this recognition decision will not be affected and will remain valid.
- EEA/Swiss professionals (including UK nationals holding EEA/Swiss qualifications) who have not started an application for a recognition decision in the UK before 1 January 2021 will be subject to future arrangements, as detailed above.
- EEA/Swiss professionals (including UK nationals holding EEA/ Swiss qualifications) who have applied for a recognition decision and are awaiting a decision on 1 January 2021 will, as far as possible, be able to conclude their applications in line with the provisions of the MRPQ Directive.
- EEA/Swiss Architects practising under temporary and occasional status will be able to continue to do so until the expiry of such status, with no option to renew.
Implications for the recognition, in EU27, of holders of UK qualifications
- The European Commission’s “Notice to Stakeholders” of 21 June 2018 states that “the withdrawal of the UK does not affect decisions on the recognition of professional qualifications obtained in the UK taken before the withdrawal date on the basis of Directive 2005/36/EC) by an EU-27 Member State.
- The EC’s Notice to Stakeholders also states that as of the withdrawal date, “UK nationals will be third country nationals and hence Directive 2005/36/EC no longer applies to them”. It follows that:
– Recognition of professional qualifications of UK nationals in an EU-27 Member State will be governed by national policies and rules of that Member State irrespective of whether the qualifications of the UK national were obtained in the UK, in another third country or in an EU-27 MS;
– The temporary or occasional provision of services by UK nationals in an EU-27 MS, even if they are already legally established in an EU-27 MS will be governed by the national policies and rules of that MS.
For further information please consult
- the Architects’ Registration Board (ARB): http://www.arb.org.uk/
- for ARB information on EU Exit: http://arb.org.uk/eu-exit/
- to contact ARB for advice: info@arb.org.uk
- the website of the European Commission on free movement of professionals https://ec.europa.eu/growth/single-market/services/free-movement-professionals/qualifications-recognition_en
Architects’ Council of Europe
[1] For recognition procedures that are on-going on withdrawal date, the “Joint report from the negotiators of the EU and the UK Government on progress during phase 1 of negotiations under Article 50 TEU on the UK’s orderly withdrawal from the EU: establishes that, in respect of persons covered in that report, these recognition procedures will be completed under Union law (para. 32).
CIR 17/20 | World Architecture Day 2020 – Towards a Better Urban Future
Dear Perit,
Today, the Kamra tal-Periti joins its European and global counterparts in celebrating World Architecture Day, which this year is based on the theme “Towards a Better Urban Future”.
In 1986, the International Union of Architects (UIA) established World Architecture Day to coincide with World Habitat Day, with the aim to draw the attention of professionals and the public to issues concerning cities and housing. This year’s celebration comes amidst the global coronavirus pandemic which has caused us all to make changes to our lifestyles, and has compelled us to question many of our ways, not least our urban environment and the design of our buildings, and how these support and impact our quality of life.
This year’s theme brings to the fore a number of issues that are relevant to our current reality. Most schools will be reopening today, welcoming our younger generations to a new reality which will take some time to adapt to. Many of our elderly are isolated in care homes, while others are left wondering how often they can see and embrace their grandchildren now that these are returning to their school benches. Various offices have resorted to teleworking practices in an effort to contain the spread of the virus and to protect their staff, while other workers who do not have the option to work from home face daily struggles to ensure their own safety and that of their families. All of these activities take place in buildings and urban spaces, designed and created by architects, engineers, and planners, whose responsibility in shaping our future is crucial – for indeed it is a responsibility, and a privilege, to be able to contribute to the future of our country in such a lasting manner.
This Day cannot, therefore, go by without a reflection on how our profession is contributing towards a better urban environment. Are we being of service to society, seeking the common good, or are we serving other masters for more immediate benefits? This brings to mind the seminal Encyclical Laudato Sí, penned by Pope Francis five years ago, where he stated that “If architecture reflects the spirit of an age, our megastructures and drab apartment blocks express the spirit of globalized technology, where a constant flood of new products coexists with a tedious monotony. Let us refuse to resign ourselves to this, and continue to wonder about the purpose and meaning of everything. Otherwise we would simply legitimate the present situation and need new forms of escapism to help us endure the emptiness.”
How are we going to rise to the challenge to help our communities recover and rebuild? How are we going to ensure that what we design today is adaptable to future realities, while keeping the persons who inhabit our buildings and use our spaces at the centre of our design ethos? Are we ready to safeguard our common home in an effort to ensure the resilience of our future generations?
This is not just a lofty ideal. This is a duty, and a commitment we must all acknowledge.
Yours sincerely,
Simone Vella Lenicker
President
CIR 16/20 | Various Updates
Through this Circular, the Council of the Kamra tal-Periti would like to bring to your attention a number of matters, as follows:
1. Call for Court Experts
The Courts of Justice are in the process of renewing the list of architects and civil engineers that may be nominated as experts by the Courts. The Kamra tal-Periti invites those periti who are interested in providing their services to submit their details by no later than the 5th October 2020 at this link.
2. Periti Warranting Board
As reported by the Kamra on 23rd September 2020, the Electoral Commission notifies that it has duly received 2 (two) nominations from periti interested in sitting on the Periti Warranting Board, namely:
Grech Alfred 404054M 6, Triq San Pawl, Attard
Zammit Ivan 120475M ‘Rivendell’, 81, Triq San Mikiel, Zurrieq
All periti are entitled to vote in a secret ballot for not more that one candidate. Voting will take place on Friday 2nd October 2020, between 10.00 am and 2.00 pm (uninterruptedly) at the Ministry for Transport, Infrastructure and Capital Projects, Blk A – Boardroom, Francesco Buonamici Street, Floriana.
To vote, every perit must present his/her ID Card or another official photo identity document. The voter must mark a cross (X) in the box on the ballot paper next to the name of not more than one (1) candidate. Counting of votes shall take place immediately upon closure of the poll.
3. Legal Notice 374 of 2020 – Amendment to Sanitary Regulations
Through the coming into force of Legal Notice 374 of 2020, the minimum clear internal height of parking levels is now 2.10m.
4. Legal Notice 375 of 2020 – Amendment to Regularisation Regulations
Regulation 7 regarding the expiry date and increase in fees for the Regularisation Regulations has been repealed with immediate effect through Legal Notice 375 of 2020. This means that the cut-off date has been removed, and the fees will not be increasing as previously established.
5. Notification re membership expiry
A number of periti have received automated messages from our website regarding membership expiry. We are looking into the matter with our IT support. Kindly note that membership ends on 31st December of each year. You can verify the status of your membership by logging into your profile on the website.
The automated email is meant to serve as a reminder to periti to plan for their renewal, as well as to inform them about the 20% discount for those who renew before 31st January. We are working on correcting the automated message and apologise for any inconvenience.
6. Premises for rent
The premises of the Malta Federation of Professional Associations (MFPA), of which the Kamra tal-Periti is a member, includes a shop which is currently vacant.
The area of the shop is circa 40 sqm. It comprises one large front room overlooking the main road, and a second room comprising toilet with shower. This shop is air conditioned. The premises can also be leased as an office/clinic but this can be discussed with the interested party/ parties. The rent for the first 2 years is €15/day. Rent will increase to €17/day for the following two years and to €20/day for the fifth year. Agreement will be for 5 years, with one year notice to end or continue the lease agreement.
Any interested persons are requested to contact the Federation on 99471287 or via email info@mfpa.org.mt.
Yours sincerely,
Simone Vella Lenicker
President
Courts Registrar issues new call for Experts for 2021
The Registrar of the Courts of Justice of Malta has issued a call for Court Experts in terms of Art. 89 of Chapter 12 of the Laws of Malta.
The Kamra tal-Periti is hereby notifying all interested members of the profession to submit their nomination for 2019 through the registration form below.
Deadline for the submission of nominations was 5th October, 2020.
Affiliations
The Kamra tal-Periti is affiliated with the Architects' Council of Europe (ACE), European Council of Civil Engineers (ECCE), Union International des Architects (UIA), Union of Mediterranean Architects (UMAR), Commonwealth Architects Association (CAA), and the Malta Federation of Professional Associations (MFPA).
Contact Us
Kamra tal-Periti
The Professional Centre
127, Sliema Road
Gzira GZR 1633
Malta
+356 2131 4265
info@kamratalperiti.org
Office Opening Hours
Mon-Fri: 8:00am - 11:00am