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Avoidance of Damage to Third Party Property Regulations Draft

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:

The distinction between works specifications and method statements
The revision of the role and qualifications of Site Technical Officers
The elimination of provisions that place periti in positions of conflict of interest by having more than one employer
The distinction between tortious and contractual liability, facilitating immediate compensation of damages to third-parties
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.

Download the Public Consultation Document published by the Kamra

01/04/2021/by Kamra tal-Periti

Press Conference about the BCA Act

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

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 2^nd 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:

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

20/01/2021/by Kamra tal-Periti

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

The Kamra tal-Periti held its Annual General Meeting on the 10^th 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

14/12/2020/by Kamra tal-Periti

Open Letter to the Prime Minister

PR 10/20 | No time for further delay

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.

23/07/2020/by Kamra tal-Periti

Circulars, News

CIR 15/20 | Breach of Legal Notice 136 of 2019 – Site Technical Officer fraud

It has come to the Kamra’s attention that a person who is not qualified to take on the role of Site Technical Officer has, on a number of occasions, presented himself to Permit Holders as being qualified to take on such role and subsequently signed the Site Responsibility Form, which was then unwittingly uploaded by the periti responsible for the respective projects.

After being alerted to this matter, the Bulding and Construction Agency (BCA) advised such person that this was unacceptable. Said person, however, persisted in trying to defraud the system by presenting Permit Holders with Forms apparently signed by, to our knoweldge, at least two different periti, however it later transpired that such periti had not signed such Forms, and that their signatures had been copied and used without their consent. This latter fraudulent action has been reported to the BCA for the necessary action to be taken.

Periti are reminded that:

Only persons who have been authorised by the BCA to provide the service of STO should be indicated on the relevant Forms – the list of registered persons is updated regularly and may be viewed here;
According to Legal Notice 136 of 2019, as amended, the Site Technical Officer shall be “nominated by the contractor and shall be accepted by the perit in charge of the project”, and that as part of its discussions with Government, the Kamra had only agreed to the requirement for periti to “accept” the STO as long as a list of registered persons is published and regularly maintained – refer to point 3.1.2 of the Letter of Commitment which Government presented to the Kamra in August 2019, and further elaborated in Ciircular 14/19.

In view of this situation, it is recommended that periti go through their active projects and ensure that the appointed STOs are in fact indicated on the STO register, and that such persons are aware of being indicated in this role. In case of any anomalies, periti are requested to immediately inform the BCA, copying the Kamra tal-Periti, for further action.

The Council cannot stress enough the importance of adherence to legislation, in view of the serious consequences that may arise in cases of incidents on construction sites.

Yours sincerely,

Simone Vella Lenicker
President

Print Version

22/07/2020/by Kamra tal-Periti

PR 08/20 | A Modern Building and Construction Regulation Framework

A Modern Building & Construction Regulation Framework for Malta

In May 2019, the Kamra tal-Periti had published its draft proposals for A Modern Building and Construction Regulation Framework. 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 over the past 12 months, the Kamra tal-Periti has now published the final version of its proposals. These are focused around ten main principles, namely:

The separation of planning permit and building permit processes;
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;
Clear distinction between the regulations governing building (the permanent works) and those governing construction processes and temporary works;
The proposed Building and Construction Authority (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;
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);
Contractors are to have the specific skills required, and to be classified and licensed according to such skills – they will 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;
The enforcement of construction regulations to be delegated to private service providers – referred to as Building and Construction Inspectors (BCIs) – licensed by the BCA;
Contractors to be required to certify that the executed works comply with the design instructions, and with the requirements of the Construction Products Directive;
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; and
Post-occupancy checks and audits to be undertaken as predetermined by the BCA to ensure the continued compliance of the structure with building regulations.

The launch of these proposals is not the end of a process. It is the beginning of a new era in the building and construction industry. COVID-19 has highlighted the lack of sustainability of our previous ways – now is the perfect opportunity to look to the future with a new vision … a vision that is more sustainable, that still focuses on economic progress but that places more emphasis on safety and quality.

The Kamra tal-Periti is fully committed to ensure that these proposals are implemented and assures Government of its full cooperation in achieving this leap forward, bringing the industry firmly and squarely into the 21st century.

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08/06/2020/by Kamra tal-Periti

PR 07/20 | Earth Day is every day, and anywhere you are

Today, the entire planet is marking Earth Day 2020, which this year is focussed on climate action.

Climate change is currently the biggest challenge being faced by humanity, as it also struggles with the severe impacts of the coronavirus pandemic. Any challenge, however, is also an opportunity for positive change in ensuring a more sustainable future.

At the end of 2020, Malta, along with all other signatory nations, is expected to increase its national commitments to the 2015 Paris Agreement on climate change. Just two days ago, Minister Aaron Farrugia announced that Malta had joined 16 other EU countries in backing a call to put the “European Green Deal” at the heart of a post-coronavirus recovery. The respective ministers are urging Europe to remember the challenges of climate change when putting forward long-term strategies for a resilient recovery from the current crisis, and stated that while all efforts should be focussed on fighting the pandemic, we must “begin to prepare ourselves to rebuild our economy and to introduce the necessary recovery plans to bring renewed, sustainable progress and prosperity back to Europe and its citizens. While doing so, we must not lose sight of the persisting climate and ecological crisis. Building momentum to fight this battle has to stay high on the political agenda.”

This is indeed a very welcome step. Malta has, for many years, failed to meet its obligations on various matters ranging from waste management to emissions, and from over extraction of resources to uncontrolled energy use. We simply cannot afford to carry on with our past attitude to these matters – the Kamra tal-Periti therefore fully backs Malta’s renewed commitment to ensure that things will change, and remains hopeful that this is not just an exercise in paying lip service to these ideals.

On its part, the Kamra tal-Periti is committed to collaborate with Government in achieving these goals. For many years it has been lobbying for significant changes in the building and construction industry, which is known to be one of the biggest contributors to climate change. In May 2019, it published a comprehensive proposal for an overhaul of the building and construction regulation framework, which proposal has the support of all the main players in the industry, and which is aimed at ensuring that our building stock is more safe and efficient, and that it is focussed on quality rather than on quantity. These proposals were recently presented to the Committee established by Prime Minister Robert Abela, and the Kamra looks forward to the outcome of the consultation process being undertaken by said Committee.

Last October, the Kamra tal-Periti took the important step of signing up to the Davos Declaration titled “Towards a high-quality Baukultur for Europe”, and to date remains the only Maltese organisation to have done so. The Declaration, which was endorsed by the European Ministers for Culture in January 2018, calls for quality, joint responsibility and cultural sustainability to be at the core of our policies relating to the built environment, and stated that “We urgently need a new, adaptive approach to shaping our built environment; one that is rooted in culture, actively builds social cohesion, ensures environmental sustainability, and contributes to the health and well-being of all.” They also acknowledged the importance of adding “economic value by creating higher-quality and more durable assets and favourable conditions for economic prosperity within society (by using) resourced sustainably, thus ensuring that future generations will also be able to benefit from positive social and economic development.”

The Kamra tal-Periti will continue to strive to ensure that its members place sustainability at the core of their practices and professional responsibilities, to promote and improve standards with the aim of ensuring better quality buildings and open spaces, and to acknowledge the important role that we play in ensuring a better quality of life for our citizens. However we cannot do this alone. Government must become the champion for a better built environment, not only by investing in good design but also by being acutely aware of the consequences of its policy making and decision-taking in all fields.

The challenges faced by our built environment will not be easy to overcome but they can be with concerted action, shared responsibility and commitment to the development of a vision which catalyses all stakeholders to work for better quality places that bring dignity, pride and real delight to their users. Earth Day 2020 can be an important moment for our citizens to rise up, with millions of people around the world, to demand the “creativity, innovation, ambition, and bravery that we need to meet our climate crisis and seize the enormous opportunities of a zero-carbon future.”