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DIR 02/24 | New BCA Forms

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

Verżjoni bil-Malti

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

Verżjoni bil-Malti

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

Verżjoni bil-Malti

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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