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PR 05/21 | The revocation of warrants on criminal conviction and the role of the Kamra tal-Periti

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Following the reading of Magistrate Mifsud’s sentence regarding the role of Perit Roderick Camilleri and Perit Anthony Mangion in the tragic death of Miriam Pace, it is pertinent to inform the public about relevant aspects of the law and the role of the Kamra tal-Periti in this regard.

 

Suspension or Revocation of Warrants and Memberships

The most frequent question that the Kamra is receiving from media houses is whether the convicted periti are members of the Kamra and, if so, whether it intends suspending their membership. There are a number of points that need to be clarified for the benefit of the public on this point:

 

1. The Kamra is not an association, a club or a union for architects and civil engineers. It is set up by Law as a regulating body of the profession and to act as an official consultant to the State on matters related to the industry.

2. All members of the profession form part of the Kamra tal-Periti automatically, are subject to its disciplinary procedures, and are obliged to follow its directives and code of conduct.

3. Expulsion from the Kamra would entail expulsion from the profession. Such an expulsion can only happen following the suspension or revocation of a perit’s warrant in accordance with the law. It is indeed the Council’s role to investigate any misconduct of periti and to establish adequate disciplinary measures that may be necessary to protect the public and the reputation of the profession. With the passing of the new Periti Act, the Council will also have the power, after carrying out an investigation, to delegate the conduct of the disciplinary hearings to a Periti Professional Conduct Board.

4. Any disciplinary decision of the Council of the Kamra can be appealed before the Court of Appeal, and thus the Council acts as a quasi-judicial body. In this respect, the Council is obliged to adhere to the principles of natural justice enshrined in the Constitution. These include the right to a fair hearing. Failure to abide by these principles would invalidate any disciplinary decision of the Kamra tal-Periti on appeal.

5. To ensure a fair hearing, the Kamra cannot pronounce itself publicly on the merits of a case until its disciplinary proceedings are finalised. If it does, it would prejudice the relative conduct proceedings.

6. It is also pertinent to point out that a perit can lose his or her warrant in one of two ways:

  • Through a decision of the Council, and eventually of the Professional Conduct Board; or
  • Through a criminal conviction with a prison term of at least one year, even if suspended.

In the latter case, the revocation would be automatic and would not require a specific pronouncement on this point in the judgement.

The role of the Periti Warranting Board is to execute the Council’s or the Court’s decision, as applicable, and has no discretionary powers on these matters.

7. One of the principles of natural justice is non bis in idem; i.e., no legal action can be instituted twice for the same cause of action. In view of this, the Council was unable to proceed with its investigation given that the specific charges were not made known to the Kamra until today.

8. In March 2021, the Court had denied the Kamra’s request to be granted special access to the magisterial inquiry to extract any relevant information for its disciplinary investigation.

9. The Kamra cannot take any ulterior disciplinary measures on points already decided upon by the Criminal Court, as confirmed by its legal consultants and the Office of the Attorney General.

 

 

 

What happens next?

The two investigations which had been hitherto suspended due to the criminal proceedings, will be reopened by the Council to determine the following points:

  1. Establish whether the prosecution or the convicted parties will file an appeal against the judgement. If so, the Council will need to await its outcome and proceed accordingly;
  2. Analyse the charges and judgement to establish whether there are any disciplinary merits not covered by the criminal case, including breach of the code of conduct, breach of a directive of the Kamra, professional misconduct or negligence, and bringing the profession into disrepute.

 

Beyond the merits of the criminal and disciplinary proceedings, the testimony brought before the Criminal Court, particularly that of the Court-appointed experts, has exposed serious flaws within the regulation of the industry that need to be addressed in earnest and with competence. The Kamra shall also continue monitoring the criminal proceedings instituted against the contractor and the worker involved to determine whether they bring to the fore any further systemic failures within the existing chaotic regulatory framework governing the industry.

The Kamra has been campaigning on the need for reforms for several years, and has indeed published its own detailed proposals for reform in May 2019 in line with its legal and moral obligations to advise the State on how best to safeguard the public interest.

More recently, it launched a public consultation on its redraft of the infamous Legal Notice 136 of 2019, which was heavily criticised during the criminal proceedings, and shall shortly be publishing the final amended version having taken on board the feedback it received.

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PR 04/21 | Kamra tal-Periti and OLI – Sistemas Sanitários Establish Collaboration Alliance

The Kamra tal-Periti is delighted to announce the signing of a Partnership Agreement with OLI – Sistemas Sanitários[1] a multi-national company operating in the field of specialised sanitary solutions for innovative building projects.  The Partnership Agreement was signed in March by Perit Ivynne Grixti, Honorary Treasurer of the President of the Kamra tal-Periti and Federica Niboli, Managing Director of OLI – Sistemas Sanitários.

The signing of this agreement forms part of a new strategic direction and business plan embarked upon by the Kamra with a view to increase value to its members in the Architectural Profession.  With this in mind, the Kamra is teaming up with a selected number of leading commercial 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.

As Partners of the Kamra, OLI – Sistemas Sanitários will benefit from direct exposure with the community of Periti operating in Malta.  In particular, the partner company will have access to KTP social media discussion groups as well as access to events for networking purposes for the purposes of reaching out directly to members of the Profession.   Besides, the Kamra has committed itself to issuing topical fact-sheets to its members on behalf of the Partner to promote their specialised solutions.  Similarly, the Kamra and OLI – Sistemas Sanitários will co-organise specialised training sessions for Periti and their staff on innovative solutions towards water-efficiency.

Speaking at the signing on behalf of OLI – Sistemas Sanitários, Federica Niboli 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.  We are certain that the exposure this will give us will result in mutual benefits for the company as well as for the Periti who are set to gain from their exposure to detailed information about the benefits of including our solutions into their future projects”.

KTP President, Andre Pizzuto commented that the Kamra was delighted to form this new alliance with OLI – Sistemas Sanitários.  “We hope 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.”

[1] Background Note on OLI – Sistemas Sanitários

OLI – Sistemas Sanitários, S.A., founded in 1954 in Aveiro, is currently one the European leader in the production of cisterns. A wide range of solutions, such as control plates, in-wall and exposed flushing cisterns, and mechanisms (inlet valves and outlet valves) are sent daily to 80 countries on five continents. OLI flushing cisterns can be found in bathrooms all over the world. A hotel in Malta, an Israeli hospital, a school in Spain, a football stadium in Qatar, a boat Hotel in Peru, or a restaurant in Italy, are just a few examples of landmark projects where OLI products are present. This international recognition is based on innovation, through designing unique technical and user-friendly solutions. OLI´s innovative work has been recognized with several distinctions, namely “Archiproducts Design Awards”, “Good Design”, “Iconic Awards” and “Design Plus”.

Satariano are the official suppliers of OLI.  Over the years Satariano has been entrusted to supply OLI on numerous projects a few of which include:

Malta International Airport, MAPFRE MSV LIFE Offices, Hilton Hotel Malta, Portomaso & Portomaso Business Tower, Portomaso Laguna, MIDI plc, The Westin Dragonara Resort, Eden Cinemas, 14 East, Pender Tower, Dolmen Casino Complex & The Civil Service Sports Club are just a few from their very extensive portfolio.

 

 

 

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Revision of Avoidance of Damage to Third Party Property Regulations – Public Consultation

The Kamra tal-Periti has drafted a revision to LN 136 of 2019 – Avoidance of Damage to Third Party Property Regulations – which seeks to address all the recommendations of the Building Industry Technical Committee’s report dated April 2020 and tabled in Parliament by the Prime Minister on 20th January 2021.

The main features of this redraft include:

  1. The distinction between works specifications and method statements
  2. The revision of the role and qualifications of Site Technical Officers
  3. The elimination of provisions that place periti in positions of conflict of interest by having more than one employer
  4. The distinction between tortious and contractual liability, facilitating immediate compensation of damages to third-parties
  5. The introduction of an equitable system for reimbursement of expenses incurred by third parties in reviewing project documentation

The proposed regulations are intended to be brought into force in the short-term, until more comprehensive and better structured building and construction regulations, and the equivalent of the UK’s Party Wall Act are brought into force.

Members of the profession and the public are welcome to submit their feedback on info@kamratalperiti.org by Friday 30th April 2021 at 6pm.

 

Avoidance of Damage to Third Party Property Regulations Draft

Download the Public Consultation Document published by the Kamra

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PR 03/21 | KTP welcomes the passing of the Periti Act and BCA Act by Parliament

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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.

 

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PR 02/21 | Kamra tal-Periti and Vivendo Group Establish Collaboration Alliance

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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.”

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PR 01/21 | KTP welcomes adoption of its proposals during parliamentary speech introducing Construction Bill

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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:

  1. The separation of planning permit and building permit processes;
  2. 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;
  3. Clear distinction between the regulations governing building (the permanent works) and those governing construction processes and temporary works.
  4. 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
  5. 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).
  6. 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.
  7. The enforcement of construction regulations to be delegated to private service providers, licensed by the BCA, referred to as Building and Construction Inspectors (BCIs).
  8. Contractors to be required to certify that the executed works comply with the design instructions, and with the requirements of the Construction Products Directive.
  9. 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.
  10. 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.

 

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PR 11/20 | Perit André Pizzuto elected President of the Kamra tal-Periti

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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.

Perit Andre Pizzuto addressing virtual Annual General Meeting

 

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.

Dr Amber Wismayer

 

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.

Perit Matias Camilleri de Marco

Perit Adrian Mangion

 

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.

Kevin J. Borg

 

 

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PR 10/20 | No time for further delay

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This morning, yet another worker lost his life on a construction site following the collapse of a wall within the site. While the details of the incident are still emerging, one thing is amply clear: the construction industry is rife with systemic and fundamental deficiencies that must be addressed without further delay.

While the Kamra tal-Periti is fully cognisant of Government’s efforts in the past months to draft legislation that will bring about the much needed changes, it is evident that the lack of focus and resources is severely hampering progress in this respect. The outcome of the recommendations by the Committee appointed by the Prime Minister have still to be made public, and despite several lengthy meetings with the various stakeholders in the industry we are still far off from seeing significant results.

This situation is no longer tenable. Further delay is not an option.

On its part, after urging successive governments to bring about significant changes to the industry since 2007, the Kamra tal-Periti had published its draft proposals for A Modern Building and Construction Regulation Framework in May 2019. These were presented to all industry stakeholders, including the Chamber of Engineers, the Chamber of Commerce, the Building Industry Consultative Council, the Building Regulation Board, the Building Regulation Office, the Building and Construction Agency, the Planning Authority, the Malta Developers Association, and the Malta Insurers Association. All these entities and organisations endorsed the Kamra’s proposals and there is therefore industry-wide consensus that such proposals are both necessary and desirable.

The proposals were also presented to the European Commission and the Opposition, as well as to Government which, through a Letter of Commitment issued in August 2019, finally recognised the need for a comprehensive reform of the building and construction industry, and committed itself to implement the Kamra’s proposals.

After having taken on board all the feedback received, the Kamra tal-Periti published the final version of its proposals in June, and were positively received by the industry.

Read the Kamra’s proposals for a comprehensive reform of the construction industry here

The Kamra tal-Periti urges the Prime Minister and the Ministers responsible for the industry in all its aspects to fulfil Government’s commitments of last August without further delay. It is unacceptable that a country which aspires to portray itself as “the best in Europe” remains complacent to these tragedies which have become all too common. The country deserves better.

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