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CIR 07/24 | Periti declarations in support of contractors’ licence applications

Many Periti will have been approached by contractors asking them to sign a declaration confirming their competences in support of their application to receive a licence to operate as contractors.

Schedule I of S.L.623.09 (Construction Industry Licensing Regulations) stipulates that all workers engaged in demolition, excavation or construction should possess specific qualifications in the respective activity “or hold any other qualifications or experience which the Committee considers to be equivalent or a suitable alternative to this qualification”.

While courses in demolition and construction do exist – leading to the masons’ licence – there is no formal qualification for excavation operatives as yet.

Thus, the BCA and Contractors Licensing Committee have approached the Kamra to discuss whether, as an interim measure, we would agree to introducing a system wherein periti would provide a reference confirming the skills of contractors.

It was clear to the Council that without our agreement to such a proposal, the entire industry would seize as very few contractors, if any, would be eligible for a licence without the alternative system being proposed.

The Kamra thus agreed to the concept in principle and proceeded to draft the wording for the eventual declarations published by the BCA.

 

The wording was crafted to ensure the following:

  1. The declaration made by periti are limited ONLY to the works execution they have direct experience on.
  2. Periti employed by or otherwise directly connected to contractors would not be coerced into signing declarations they do not feel comfortable with or which compromise their independence and integrity, and to ensure that they are not placed in a position of conflict of interest.

 

The statutory requirement is that contractors demonstrate the skills listed in Schedule I (and the forms) in at least three projects over a period of two years.

The Kamra was assured that this is an interim measure and will be replaced with formal training of workers as soon as practicably possible. We are also working on this through the National Building Council, which is a joint-venture between KTP and MDA.

The Council recommends that periti exercise their professional judgement in signing these forms, crossing out any parts they feel are not applicable to their direct experience be upheld. It goes without saying that you should refrain from signing such declarations if your personal experience of the contractor’s work is inadequate.

You are entitled to charge fees for the signing of such declarations.

In case of difficulty, please do not hesitate to contact the Council through our usual channels.

 

Perit André Pizzuto
President

 

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CIR 06/24 | Dangerous structures approvals

In the past few months, there were a number of very serious partial or near collapses that never became public. Periti had reported the situations to us in confidence to seek our assistance and advice, as well as moral support for the personal predicament they were facing through no fault of their own.

The failings were manifestly bureaucratic ones, with both the Planning Authority and the Building and Construction Authority unable to react and accommodate the urgency and speed that was required. Thankfully, the responsible ministers and the CEOs of both entities were receptive to our insistence that the discretionary powers granted to them in the law should be exercised and that the power vested in the responsible periti through the Code of Police Laws to direct the works unfettered by the said authorities should be upheld.

Thankfully, in all these cases, the speed and decisiveness shown by all involved ensured that the cases remained unreported by the press, as loss of life was prevented, and further structural failures were averted.

 

These experiences served also to sensitise those in authority to the need to eliminate unnecessary processes that prevent periti from upholding their main responsibility of safeguarding public safety.

 

Discussions were held with both the Planning Authority and the Building and Construction Authority in recent months to curtail the unnecessary paperwork and retain only what is strictly necessary to safeguard the public interest.

 

Planning Authority process

As a result of these discussions, in July the Planning Authority agreed to recognise that as per S.L.552.05, dangerous structure authorisations are NOT development permits and that therefore, they:

  1. Do not have an expiry date;
  2. Do not require a commencement notice to be filed.

A PA circular confirming the above is expected imminently.

 

Building and Construction Authority process

Similarly, the BCA has agreed, pursuant to S.L.623.06 regulation 25, to waive certain documentation from being filed by Periti on behalf of their clients. This was confirmed in a press release published by the BCA yesterday.

Through this streamlined procedure, periti are being empowered to recognise the urgency of repair works and to merely notify the BCA via a dedicated email address through which only the responsibility forms and insurance policy need to be filed. An automatic authorisation will be transmitted immediately to the perit, allowing works to commence immediately.

It is recommended that in such emergencies, only contractors in possession of annual CAR are engaged for emergency works, since the local insurance companies are still insisting on method statements to be filed for smaller or less experienced contractors.

Over the subsequent twelve hours, the perit should upload the authorisation, the responsibility form, and the insurance on eApps. While some may find this frustrating, unfortunately the IT system does not allow BCA’s mail servers to communicate directly with PA’s eApps. Nevertheless, such uploads should cause negligible inconvenience, particularly considering the significant efficiency improvements the current system is bringing about.

 

 

This is of course only a small step forward in the greater scheme of things. However, we have witnessed a marked change in the PA and BCA’s approach towards periti which augurs well for future reforms that are in the pipeline.

 

Perit André Pizzuto
President

 

 

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CIR 03/24 | BCA Forms Resolution

Following Directive DIR 02/2024, a series of meetings were held with the Ministry of Justice and Construction Reform and the Building and Construction Authority to discuss the need to reduce bureaucracy and eliminate unnecessary forms, so periti can focus on what is truly important for their professional role: high quality design and general site supervision.

Following our final meeting held yesterday afternoon, on behalf of the Council I am pleased to inform you that the form “Declaration to the BCA regarding Third Party Property Condition Reports and Excavation Affected Complexes” has been repealed, and that the situation that existed prior to the introduction of the form has been reinstated. Needless to say, the obligations of developers and periti with respect to condition reports as laid out in S.L.623.06 still apply.

Regarding the other form “Certificate of Insurance”, it has been clarified that this will be replacing the insurance policy document and statutory statement. Thus, going forward periti will only be required to file this certificate declaration, which will be automatically prepared and supplied by the insurers to policy holders.

BCA has also informed us that they are in the final stages of reaching an agreement with local insurers to provide insurance policy renewal notifications directly to the BCA.

Finally, the BCA has accepted to shortly reinstate an exemption form for dangerous structures similar to Form 25c, which had been unexplainedly withdrawn by previous BCA management in 2021/2022. The purpose of such a form is to ensure that in emergency situations related to collapse or imminent danger of collapse, the BCA clearance will be expedited. Updates on a new Form 25c are expected to be announced soon.

We thank the Ministry and BCA for their sensitivity on this issue, and trust that the relationship that has been built in recent weeks will result in further positive improvements in the industry, in the interest of public safety and that of the profession.

As a result of this agreement, the Council hereby notifies all members of the profession that DIR 02/2024 is hereby repealed.

 

Perit André Pizzuto
President

 

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DIR 02/24 | New BCA Forms

Directive Repealed

See CIR 03/24

 

The Council has noted that two new forms were introduced by the Building and Construction Authority (BCA) in recent days. These are the “Declaration to the BCA regarding Third Party Property Condition Reports and Excavation Affected Complexes” and “Certificate of Insurance”.

Members of the profession are being hereby informed that these two forms were not discussed and agreed upon by the Kamra tal-Periti. Many of you will recall that the BCA forms were a major sticking point back in 2019, and the repeal of directives by the Kamra was in part conditional to its review of and agreement with such forms. Indeed, several circulars had been issued regarding the BCA forms at the time*. The matter eventually also formed part of the Letter of Commitment signed by the minister and permanent secretary responsible for sector at the time.

It is pertinent to reiterate the fact that S.L.623.06 does not specify the use of forms, and thus their imposition by the BCA is considered ultra-vires at law. All BCA forms, besides the above two, are only in place because of the agreement reached with the Kamra back in October 2019.

As a result of the BCA’s failure to consult with the Kamra tal-Periti on the two aforementioned forms, the Council is hereby directing all members of the profession not to file them.

Members of the profession are kindly requested to keep an eye out for further communication from the Council in the coming days.

Perit André Pizzuto
President

*

https://kamratalperiti.org/cir-11-19-building-the-future-towards-a-renewed-profession/

https://kamratalperiti.org/cir-14-19-bro-forms/

https://kamratalperiti.org/cir-15-19-new-forms-for-use-prior-to-commencement-of-works-or-utilisation-of-planning-permit/

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

Verżjoni bil-Malti

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

Verżjoni bil-Malti

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

Verżjoni bil-Malti

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 02/22 | Licensing of Contractors

Verżjoni bil-Malti

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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CIR 07/22 | BCA Clearances

Following the EGM held on Thursday 26th May 2022, the Minister for Public Works and Planning was informed of the approved motion and has agreed to instruct the BCA to suspend the coming into force of the Guidelines it had circulated at the Informative Session last Monday.

Periti are thus required to follow the procedures outlined in the BCA Guidance Note dated 17th March 2022, namely:

  1. To not file anything to the BCA when there are no works;
  2. To submit regulation 4 declarations when works fall outside the scope of S.L. 623.06
    (LN 136 of 2019, as amended); i.e., no third-party structures are affected.
  3. To submit regulation 26 declarations when works are of a minor scale and/or the potential risk of the works is limited to minor, superficial damages;
  4. To submit written requests for regulation 25 waivers signed by the beneficiaries of such waivers when appropriate, namely:
    1. Contractors:
      1. Appointing an STO
      2. Partial or full method statement
    2. Developers:
      1. Condition Reports

 

Perit André Pizzuto
President

 

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CIR 06/22 | BCA guidelines for the processing of applications

Further to the BCA “Informative Session” (sic) held yesterday, the Council of the Kamra tal-Periti hereby notifies members of the profession that contrary to statements made by BCA management, the Council was never consulted about the Guidelines published and circulated on the day, even less so agreed to their contents.

Indeed, the Council disagrees with the processes contained within this new document, which it read for the first time yesterday evening, on several grounds. In particular, the Council notes the fact that the guideline further exacerbates the BCA’s misinterpretation of the provisions of S.L.623.06 (L.N. 136 of 2019, as amended).

The Council shall be elaborating further during the Extraordinary General Meeting to be held on 26th May 2022 at 4pm at the Catholic Institute, Floriana.

 

Perit André Pizzuto
President

 

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