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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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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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PR 08/21 | Periti Act to initiate modernisation of the profession

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On Friday, the Kamra tal-Periti, in collaboration with the Ministry for Transport, Infrastructure and Capital Projects and SACES, organised a conference entitled The Renewal Agenda: Modernisation of the Profession. The event follows the unanimous approval by Parliament, earlier this year, of the new Periti Act: a historic milestone that marks the culmination of a 14 year-long wait.

The Council and the Ministry have now concluded the first tranche of subsidiary legislation necessary to bring several provisions of the act into force, and the transition from the old to the new Periti Act will begin in the coming weeks. This will initiate a long-awaited process of renewal of the profession, with far-reaching effects that will change the way it is structured, as well as the role of the Kamra, the way warrants are conferred, and new obligations on Periti.

 

 

Dr Ian Borg, Minister for Transport, Infrastructure and Capital Projects, outlined the importance of the new Periti Act, which was the result of intense hard work and perseverance, and how it will facilitate the modernisation of the profession for the benefit of the public.

“We introduced provisions that give a broader sense of legal certainty, accountability, security and transparency in the building and construction industry,” Minister Borg said.

He also emphasised how the new Act is underpinned by the value of striving for quality. “It was time to raise the bar even higher and through the amendments made in the new Act we are promising a more qualitative profession with the highest skilled people.”

The subsidiary legislation, which will be brought into effect in the coming weeks, will bring Malta in line with European Directives concerning the performance of the service of architects and civil engineers in Member States. One of the main benefits of this is that the local professional will become recognised on the same level as European counterparts.

Minister Borg concluded his address by announcing that his Ministry is in advanced talks with the Kamra to allocate funds to build a new digital platform whereby new procedures that will be in place in the coming months can be carried out efficiently and securely. He also pledged his commitment to continue supporting the Kamra and the profession to improve the quality of the built environment and meet the ambitious goals that Government has set regarding the environment and climate change, in achieving which periti will play a crucial role.

 

 

Perit Toni Bezzina, Opposition Spokesperson for Transport and Infrastructure, emphasised the bipartisan nature of the Parliamentary process leading to the approval of the new Periti Act. “We should be truly proud of the political maturity we have displayed in reaching this important milestone,” Bezzina remarked.

Bezzina pointed at the strengthening of the role of the Kamra tal-Periti which, for the past century, has given the highest level of service to the Maltese population. Bezzina went on to state that with the increased responsibility of the Kamra tal-Periti, it can no longer function on a voluntary basis.

“The Opposition recognises the new roles the Kamra was conferred in the law and will thus be ensuring that the Kamra has all the necessary resources to fulfil its new regulatory functions for the benefit of the profession itself, but also for the benefit of all Maltese citizens.”

 

 

In his welcome address, KTP President Perit Andre Pizzuto stated that the need for the renewal of the profession, the construction industry and Malta’s built environment has long been the focus of the Kamra, albeit largely ignored.

He welcomed the fact that political leaders are recognising the need to address the concerns that are adversely affecting quality of life, such as the erosion of the quality of our built environment, the loss of our cultural heritage, the need to introduce proper building and construction regulations, and the need to protect our environment.

Pizzuto explained that renewal is a process that requires a plan with a sequence of coordinated initiatives whose overarching objective keeps in focus the betterment of the profession, the industry and our built environment.

“The Kamra’s renewal agenda begins with the modernisation of the profession,” he remarked.

Pizzuto stated that the Kamra too needed to modernise, not just because of the legislative changes that are being brought about, but also to reflect the values that embody the profession today, while remaining mindful of its legacy.

To mark the beginning of the renewal process, Pizzuto unveiled the Kamra’s new brand identity.

“The Kamra’s new identity, featuring the three pillars of sustainability, reflects the social and cultural aspirations of today, and will serve as a constant reminder for the profession of its responsibility to promote sustainable development that strikes a balance between the economic, social and environmental needs of the country by harnessing and employing its creative and technical competences,” Pizzuto concluded.

 

 

Later in the conference, Pizzuto provided an in-depth review of the changes that will be brought into force with the first tranche of subsidiary legislation.

Presentations on the context that gave rise to the need for the new Act were given by Perit Simone Vella Lenicker, Past President KTP, Prof Alex Torpiano, Dean of the Faculty for the Built Environment, and Ms Lucienne Meilak, Director of the Policy Development and Programme Implementation Directorate at MTIP, who played a key role in the drafting and approval of the Act.

 

Perit Dr Amber Wismayer, Vice President and Hon. Secretary, KTP, and Perit Dr Jeanette Muñoz Abela, Council Member, KTP, also gave interventions on specific innovations of the Act.

 

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PR 07/21 | Perit Dr Jeanette Muñoz Abela elected to European Council of Civil Engineers Executive Board

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Perit Dr Jeanette Muñoz Abela was elected to the Executive Board of the European Council of Civil Engineers at the 73rd ECCE General Meeting held on 23rd October 2021.

Dr Muñoz Abela serves as council member of the Kamra tal-Periti (KTP) since 2016 where she acts as its representative on the European Council of Civil Engineers (ECCE), Fédération Européenne d’Associations Nationales d’Ingénieurs (FEANI) and Inġiniera Malta in their General Assemblies as well as a member of the Union Internationale des Architects (UIA) Committee “International Women in Architecture”.

She was also appointed as the Chair of the Permanent Committee on Engineering of the Kamra tal-Periti and is the national representative of the International Association of Bridge and Structural Engineering (IABSE).

Dr Muñoz Abela is also a lecturer at the University of Malta within the Faculty for the Built Environment and sits on the University Senate (2019-2021), the Faculty Board (2019 – to date) and the Doctoral Committee (2019 – to date).

The Kamra tal-Periti warmly congratulates Dr Jeanette Muñoz Abela on her achievement.

The Kamra tal-Periti would also like to congratulate Dipl. Ing Andreas Brandner on becoming the new president of the European Council of Civil Engineers while expressing thanks and appreciation to Ing. Aris Chatzidakis for his work during the last three years.

The new ECCE Executive Board is composed as follows:

Andreas Brandner President Austria
Aris Chatzidakis Immediate Past President Greece
Platonas Stylianou Vice President / President Elect Cyprus
Helena Endriksone Vice President / Treasurer Latvia
Paul Coughlan Executive Board Member U.K.
Jeanette Muñoz Abela Executive Board Member Malta
Olga Radulovic Executive Board Member Montenegro
Dimitar Natchev Executive Board Member Bulgaria
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