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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.

 

Calculation of Extensions of Validity Period

 

 

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PR 07/23 | Andre Pizzuto elected to the Executive Board of the Architects’ Council of Europe

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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.

 

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PR 06/23 | Kamra tal-Periti finalises its investigation into GO Exchange incident

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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:

  1. The demolition method statement did not instruct the contractor to execute the works as illustrated in the videos widely reported in the media;
  2. The contractor failed to follow the demolition method statement;
  3. 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;
  4. 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;
  5. 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.

 

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PR 05/23 | Kamra tal-Periti welcomes licensing of contractors – calls for talks on improvements

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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.

 

 

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PR 04/23 | Court of Appeal confirms Kamra tal-Periti’s decision to suspend perit’s warrant

The Court of Appeal in its superior jurisdiction has this morning passed judgement confirming the Kamra’s decision to suspend a perit’s warrant on the grounds of gross negligence and bringing the profession into disrepute.

 

The milestone judgement reaffirmed a number of critical points of law, including:

  1. 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.
  2. 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.

 

Read judgement

 

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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.

 

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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:

  1. 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.
  2. 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.
  3. The drawing of lots from all eligible applicants after June 2023 to determine who will succeed in getting the funds.
  4. 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.

 

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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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