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PR 05/20 | Arraignments indicative of confused and overlapping responsibilities

Verżjoni bil-Malti

Last month’s incident, which claimed the life of Miriam Pace, was a stark reminder that the crisis faced by the building industry is far from over, and has not been resolved through the hastily drafted regulations that were brought into force in July 2019. While commending the swift manner in which the authorities have proceeded in this case, the Kamra tal-Periti cannot but reiterate its position, which has consistently remained strongly opposed to the afore-mentioned regulations because they do not guarantee public safety, as clearly evidenced by the Hamrun tragedy. All these regulations were designed to do is apportion blame after an accident takes place, while concurrently shifting it away from developers and contractors, who remain unregulated to this day. Instead they should have been focused on preventing such accidents from happening in the first place.

Yesterday’s arraignments are a clear demonstration of how increasingly complicated and confused the lines of responsibility have become with the coming into force of the new regulations. Indeed, the Court will now have to establish the responsibilities of four different roles, including the STO role which did not exist before. Inevitably, defence lawyers will thrive in this weak regulatory framework.

The Kamra tal-Periti is perplexed by the statement issued yesterday by the Malta Developers’ Association that the new regulations introduced last summer provided “clear parameters to determine who was responsible for such incidents”. It appears that this was the primary focus of the MDA, rather than ensuring public safety, which has always been the paramount concern of the Kamra.

Indeed, the Kamra fully agrees with the statement which Marthese Portelli, now director-general of MDA, had made at the time the regulations were published, wherein she characterised them as “rushed decision-making [which] has set nobody’s mind at ease”.

The Kamra looks forward to the implementation of its building and construction regulation framework which Government had committed to start implementing as from October 2019. This framework was meanwhile endorsed by all the relevant stakeholders and presented to the Committee of Experts appointed recently by the Prime Minister. Its implementation will ensure that the construction industry will finally modernise itself and be brought in line with practices adopted in developed countries.

The Kamra tal-Periti is fully committed to make sure this happens without further delay. Delays in introducing the appropriate legislation will only prolong the public’s exposure to health and safety risks.

Letter of Commitment - August 2019

 

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PR 04/20 | Quality of life and public safety should under pin future of construction industry

Verżjoni bil-Malti

The Kamra tal-Periti met with Prime Minister Robert Abela, Minister Aaron Farrugia, Minister Ian Borg and Parliamentary Secretary Chris Agius yesterday afternoon to discuss the two public safety crises that have engulfed our country: the outbreak of the COVID-19 pandemic and the lack of adequate regulation in the construction industry, which recently led to the premature demise of Miriam Pace.

 

Construction industry crisis

On the construction industry crisis, Kamra tal-Periti President, Simone Vella Lenicker, acknowledged the role of some members of the profession. She also acknowledged the fact that Government had recognised the need for change, which it committed to implementing in the Letter of Commitment signed in August 2019. This outlined a number of reforms which the Kamra has been striving for, including:

  • The licensing and classification of contractors by the State to ensure they are qualified to shoulder their responsibilities, and give the public and consumers peace of mind;
  • The consolidation of laws and regulations whose remit is scattered in 22 different public entities;
  • The introduction of regulations covering the design of permanent works which would fall under the responsibility of periti and engineers, and the execution of temporary works which would fall under the responsibility of contractors, thereby providing simplicity and clarity of the roles within the industry;
  • The enactment of the long-overdue amendments to the Periti Act.

Vella Lenicker welcomed the Prime Minister’s statement in Parliament that responsibilities on site should follow the Civil Code, which underscores the symmetric responsibilities of periti and contractors. To this end, she called on Government to revise LN 136 of 2019 to eliminate the ambiguities about site responsibilities that it brought about.

Government must also look at the issues besetting the industry in a holistic and comprehensive manner, as the Kamra tal-Periti has been calling for since 2007. Among these issues was the ill-advised obsession of the Planning Authority to insist on the indiscriminate provision of underground carparking, which is leading to the dangerous practice of excavating between party walls in narrow sites, as well as causing wider problems of waste management, traffic, air pollution and a rapid deterioration of the quality of life of Malta’s citizens.

Prime Minister Abela welcomed the Kamra’s contributions and detailed recommendations and looked forward to collaborating further with the Kamra in introducing the necessary reforms in the industry.

 

COVID-19 Pandemic

Vella Lenicker outlined the profession’s concerns about the risks to public safety should a national lockdown be announced suddenly. She explained that it is not advisable to abruptly shut down all construction sites, as some may present a greater risk to public safety if they are abandoned without the necessary precautions being put in place to ensure structural stability. She also stated that there may also be instances where properties may require urgent maintenance or repairs during the lockdown period, and provisions should be made for such situations.

It was agreed that, although there is no indication as yet from the public health authorities that a lockdown is imminent, separate discussions would be held with the relevant Ministries to prepare for such an eventuality should it arise.

 

Letter of Commitment - August 2019

 

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PR 03/20 | Reforming the building industry

Verżjoni bil-Malti

Prime Minister Dr Robert Abela yesterday announced the setting up of a panel of experts tasked with reviewing the current suite of building and construction regulations, and to make its recommendations directly to him on the changes that are required to ensure that the construction industry is better regulated in the interest of public safety.

The Kamra’s proposals for A Modern Building and Construction Regulation Framework for Malta, which were published in May 2019 after two years of research, already present an in-depth analysis of the grossly inadequate building and construction regime currently in place in its first three chapters, including the absence of registration, licensing and training of contractors and labourers.

The document, which was formulated by a team of experts in the field appointed by the Kamra, constitutes a comprehensive and thorough review of the current situation, analyses the problems, and provides solutions which are also informed by research on systems which have been tried and tested in other countries. The Kamra’s proposals were unanimously approved by the profession at an Extraordinary General Meeting held in June 2019.

This document was subsequently presented to the key stakeholders, namely 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. There is 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, recognised the need for a comprehensive reform of the building and construction industry, and committed itself to implement the Kamra’s proposals.

The Kamra tal-Periti therefore invites the panel to review its document to ensure that no time is wasted in proceeding with the necessary reforms.

 

A Modern Building & Construction Regulation Framework for Malta - Kamra tal-Periti - May 2019
Letter of Commitment - August 2019

 

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PR 02/20 | Crisis is far from over

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The Kamra tal-Periti is deeply saddened by Monday’s tragedy which prematurely claimed the life of Miriam Pace, forever shattering her family’s serenity as a result of yet another serious construction incident. The Kamra tal-Periti expresses its heartfelt condolences to the victim’s family.

It is painfully clear that the crisis that befell the building and construction industry last year has not been resolved through the hastily drafted regulations that were brought into force in July 2019.

The calls which the Kamra has been making since 2007 for a comprehensive reform of the construction industry have regrettably not been heeded. It took the three collapses that occurred in quick succession in 2019 for the Kamra tal-Periti to eventually secure a written commitment from Government to implement its three main demands for reform in the interest of public safety.

The first reform consists in the setting up of the Building and Construction Authority, that will be tasked with implementing the proposed building and construction regulation framework “A Modern Building and Construction Regulation Framework for Malta” published by the Kamra tal-Periti in May 2019. This framework focussed on a number of principles including:

  • The consolidation under the new Authority of the regulatory functions currently dispersed in at least 24 government departments and authorities;
  • The issuance of a comprehensive set of building and construction regulations in line with those in force in other European countries;
  • The obligatory registration, licensing and classification of contractors and skilled labourers, coupled with rigorous training and education.

The second reform is the promulgation of a revised law to regulate periti to ensure that the profession can modernise itself, that the Kamra’s role to hold warrant holders accountable is strengthened, and that mandatory professional indemnity insurance and continuous professional development are introduced, among other important measures.

The third demand consisted in the repeal of LN 136 of 2019 as part of the overhaul of the regulatory framework. The Kamra has consistently maintained that the regulations brought into force last year did not adequately address the crisis, but rather made the situation worse by adding further confusion on the roles and responsibilities on construction sites.

Despite Government’s commitment in writing to take on the necessary measures, the much-needed reforms have not as yet been implemented. Some initial progress has been registered through the setting up of the Building and Construction Agency, which remains however severely under-resourced and incapable of tackling the complexities of the building industry. There has been little progress in all other areas.

Various sectors such as blockchain, artificial intelligence and gaming have received Government’s deserved attention over recent years, yet the construction industry, which is one of the main contributors to the country’s GDP, remains the most unregulated one, claiming the lives of innocent persons on an all too regular basis.

Government is called upon to demonstrate firm resolve to urgently but diligently bring about the necessary reforms.

The Kamra remains committed to ensure that the profession acts with utmost diligence and to assist Government in implementing the overdue reforms, and to offer its support and technical resources to Government to ensure that its reform proposals, which received strong support from all industry stakeholders, are brought into force as quickly as possible in the interest of public safety.

 

A Modern Building & Construction Regulation Framework for Malta - Kamra tal-Periti - May 2019
Letter of Commitment - August 2019

 

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