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DIR 07/20 | Change of Perit in cases of compliance with Orders and Guidance issued by the Superintendent of Public Health during the COVID-19 Pandemic

The Kamra tal-Periti is hereby giving notice to all members of the profession of a Directive that has been approved by the Council.

 

Periti are hereby authorised to refuse to sign a Change of Architect Form or to handover a project or assignment to another Perit in cases where they are following orders or guidance issued by the Superintendent of Public Health as part of the efforts to contain the spread of the COVID-19 pandemic in the Maltese Islands and as a result of which the former Perit is in any way reasonably prevented, restricted, limited or delayed from fulfilling his/her professional obligations in part or in full.

The Council of the Kamra tal-Periti will consider any actions by another Perit to take over a project or assignment in such circumstances as constituting “supplanting” in terms of Provision 4 of the Code of Professional Conduct.

Periti are reminded that the Council of the Kamra tal-Periti is empowered to take appropriate action in terms of the Periti Act in case of breach of this Directive.

 

Perit Simone Vella Lenicker
President

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CIR 06/20 | COVID-19 – What is the Kamra doing? // Update 4

I would like to start off by thanking each and every one of you for your constant support and feedback. We understand that many of you are facing very challenging times, and that part of your frustrations are fuelled by the element of uncertainty as to what is to be expected in the near future.

On our part, we have been working incessantly to ensure that the interests of the profession and our clients, and the safety of all those who work on construction sites are safeguarded. Our efforts during the past few days have focussed primarily on three aspects, namely:

  1. Weathering the storm to save businesses and jobs
  2. Planning Commission meetings and processes
  3. Building regulations and construction sites

Below please find a detailed outline of progress achieved to date.

1. Weathering the storm to save businesses and jobs

The Kamra tal-Periti has been having practically daily meetings with the Chamber of Advocates, the Kunsill Notarili ta’ Malta, the Dental Association of Malta, and the Malta Institute of Accountants over the past two weeks. As representatives of these regulated professions we have come together to submit proposals for an economic recovery package to Government, which focuses on all sectors of the economy, including of course our sector as a whole.

The package is based on two main fronts. Firstly, it proposes a phased approach, targeting the immediate period up to July, following which it will focus on the recovery period up to April next year with incisive and tailor-made economic remodelling, and beyond then the measures proposed will be aimed at relaunching businesses to begin thriving again following what will undoubtedly be a downturn in the economy.

The second front is based on the principles of burden-sharing, wherein Government, the business community, employees and the banks come together to collectively take the country forward in a healthy and sustainable manner. In the immediate period, the focus must be on job retention – businesses have invested in their people, who they consider as part of the family and who are tuned in to the ethos of the company, and therefore the focus must be on ensuring that employees are retained on the payroll for as long as possible. Beyond that, it is imperative to ensure that we can weather the storm together, with a focus on the general well-being of all of society.

In order to achieve this, measures must be targeted along two streams, namely facilitating business operations through cost reductions, flexibility in working conditions, cash flow measures, and lending facilities, and on the other hand bolstering the liveability of employees through targeted measures to reduce their cost of living at this critical moment and to ensure that their needs are adequately catered for.

The Chambers and Associations mentioned above presented an initial proposal to Government last Friday, which was followed up with a detailed proposal backed up by market research last Monday. We are currently awaiting notice for a meeting wherein these proposals can be presented to Government in detail.

While at this point we cannot provide further detail, nor can we give any guarantees, we assure you that we are doing everything within our power to ensure that our representations are heeded. On this point, the Council thanks you for participating in the surveys that have been sent out, since these allow us to keep tabs on the situation and to reinforce our discussions with Government.

We hope to be able to update you on this matter in the coming days.

2. Planning Commission meetings and processes

As already outlined in Circular 05/2020, Planning Commission hearings were cancelled last week following recommendations by the Superintendent of Public Health to exercise social distancing and cancel non-essential meetings. The Authority, however, intends to proceed with Board and Commission hearings.

In view of this, Council submitted a protocol to be followed for the resumption of hearings, including the use of videoconferencing technology, which will ensure this can be done without exposing periti and their clients. We are confident that our proposals will be taken on board, and reiterate our commitment to ensure that the processes to be adopted will be implemented smoothly and efficiently, and that the health and safety of all involved is ensured. In addition to this, discussions are also ongoing regarding certain planning processes in view of the current situation.

We expect announcements to be made soon in this respect.

3. Building regulations and construction sites

On Wednesday afternoon, a meeting was held with the Building Industry Technical Committee set up by the Prime Minister. The public consultation document A Modern Building and Construction Regulation Framework for Malta prepared by the Kamra tal-Periti and endorsed by its Extraordinary General Meeting of 2019, and which was also endorsed by all the main stakeholders in the industry following a consultation process carried out by the Council, was presented to the Committee in detail. We understand that the Committee is meeting with other stakeholders and will be making its recommendations to the Prime Minister shortly.

The Council has also presented to Government its proposals with regard to construction sites in view of the current coronavirus crisis. The concerns raised are focussed on the processes that need to be in place in the eventual possibility of a lockdown, and also the safety precautions to be taken on construction sites and inspections of properties specifically for periti in the interim period. A meeting has been requested with the Building and Construction Agency, the Planning Authority and the Superintendent of Public Health. Again, we will update you accordingly once a position is agreed to.

I cannot emphasise enough how important it is for you to keep in touch with us via email on info@kamratalperiti.org, Facebook Messenger, and the Periti Discussion Group on Facebook.

Meanwhile, we will continue focussing all of our attention on ensuring that we pull through the current crisis together.

Perit Simone Vella Lenicker
President

 

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Video: Eric Bartolo

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CIR 05/20 | COVID-19 Planning Commission Hearings // Update 3

As you are aware, Planning Commission hearings were cancelled last week following recommendations by the Superintendent of Public Health to exercise social distancing and cancel non-essential meetings. However, over the weekend periti and applicants began receiving notifications that hearings were to take place this week.

The Council immediately sought clarifications from Government, particularly in view of the fact that LN 75 of 2020 prohibited the hearings from proceeding. Discussions were held with Minister Aaron Farrugia and with the Planning Authority about the reasons why such a decision was taken, given the risks to periti and their clients.

Council submitted a protocol to be followed for the resumption of hearings, including the use of videoconferencing technology, which will ensure this can be done without exposing periti and their clients. The Kamra’s proposals are being actively considered by Minister Farrugia and the Planning Authority. Meanwhile it is noted that the prohibition imposed by LN 75 of 2020 has now been lifted through the coming into force of LN 97 of 2020.

The Council is confident that its proposals will be taken on board, and reiterates its commitment to ensure that the processes to be adopted will be implemented smoothly and efficiently, and that the health and safety of all involved is ensured.

 

Perit Simone Vella Lenicker
President

 

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CIR 04/20 | COVID-19 Precautionary Measures in view of potential site closures // Update 2

The COVID-19 situation in Malta is, as you are aware, progressing, with local transmissions now being recorded. While there is no official indication of a potential lockdown situation as at the time of writing, it is important that we prepare ourselves for this eventuality.

The Kamra tal-Periti will issue Directives as required and as the situation evolves.

 

STAGE 1: SOCIAL DISTANCING FOR PERITI

Reference is to be made to the Kamra’s Circular 03/2020 which proposes various measures to be taken by your office to practise social distancing, as recommended by the Authorities. The Kamra notes with satisfaction that many offices have already implemented these measures. Following a survey carried out across the profession, to which 105 offices submitted their replies by 1pm on the 17th March 2020, the following results were registered:

You are encouraged to continue putting these measures into effect, and to encourage your colleagues and other professionals to do the same.

 

STAGE 2: IDENTIFICATION OF OPEN SITES

It is recommended that you immediately carry out a preliminary risk assessment of open sites under your supervision, and that you classify them as follows:

  1. Sites which currently involve primarily Demolition and/or Site Clearance Works
  2. Sites which currently involve primarily Excavation Works
  3. Sites which currently involve primarily Construction Works
  4. Sites which currently involve primarily Works related to Finishes and Services

 

For each of the above Classifications, identify the risks that may arise in the hypothetical scenario of a Government-imposed instantaneous lockdown of the construction industry, as follows:

  1. Risk to structural stability of site and/or to adjacent parties*
  2. Risk of significant damage to site and/or to adjacent parties*
  3. Risk of minor damage to site and/or adjacent parties*
  4. No risk to site and/or adjacent parties*

* “adjacent parties” includes private third parties and their property, the general public, and/or public property

 

The periti who responded to the survey are responsible for 725 active sites. The type of works currently being undertaken are primarily as follows:

It is recommended that all efforts are focussed on those works which pose a risk to the site and/or to adjacent parties during this current Stage, in order to minimise such risks pending further notices from Government regarding a potential lockdown.

 

In all cases of ongoing works, it is recommended that you communicate with your Client,  their appointed Contractor/s and Project Supervisors (in terms of LN 88 of 2018), in order to assess the evolving situation and to identify the risks, if any, in terms of potential spread of the virus on the site itself. This should include confirmation in writing from all persons on site that they have not travelled in the past three weeks, and that they have not been in contact with persons who travelled in the past three weeks – in case of persons who do not meet these criteria, request that these are not allowed to access the site, and that they follow the measures imposed by Government regarding self-quarantine. In case of non-compliance, report to the Commissioner of Police on 2122 4001-9 or pulizija@gov.mt​

 

If works are being carried out in confined spaces, and these can be postponed, liaise with the Client and the contractor accordingly in the interest of public health and safety.

It is also recommended that, together with the Client, Contractor/s and Project Supervisor, you prioritise those works that may pose a threat to the site itself and/or to adjacent third parties, including works relating to water-tightness.

 

It is also recommended that, in agreement with the Client, you postpone the commencement date of any new works until after the pandemic is declared to be over.

 

STAGE 3: LOCKDOWN SITUATION

Although no indication has been given by Government of an immediate lockdown situation that would affect the industry, it is nevertheless important to be prepared for such eventuality.

 

The Council of the Kamra tal-Periti has communicated with Government in this regard and is awaiting feedback. The Council will update you as soon as possible in this respect.

 

Perit Simone Vella Lenicker
President

 

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CIR 03/20 | COVID-19 Precautionary Measures // Update 1

The Council of the Kamra tal-Periti advises all periti and their staff to follow all instructions issued daily by the Health Promotion and Disease Prevention Directorate. These can be viewed online here.

 

Below please find additional precautionary measures that can be taken to limit the potential for spread of the virus, including instructions issued by the various Authorities and Departments with which we deal on a daily basis.

The Council will continue to keep you updated regularly through its Facebook page and through the Periti Discussion Board. Circulars will be issued as and when necessary. We will be doing our best to ensure that lines of communication with the profession remain open.

 

You are reminded that any specific queries may be addressed to us through info@kamratalperiti.org.

 

Perit Simone Vella Lenicker

President

 

  1. Practise Social Distancing

 

Apart from the restrictions imposed by Government, it is highly recommended that periti employ measures of social distancing. This is a measure that helps to prevent a sharp peak of infections, known as flattening the epidemic curve, and helps avoid healthcare services being overwhelmed.

 

These measures may include:

  • Cancellation of non-essential meetings, or seeking alternative means of holding such meetings through digital means;
  • Asking clients and others not to visit your office unless absolutely necessary, and in such case to follow any measures put in place by your office;
  • Require that any members of staff who experience typical coronavirus symptoms (fatigue, coughing, shortness of breath, and fever) to stay at home until advised by a medical practitioner that they may return to work;
  • Observe the recommendations of the Occupational Health and Safety Authority regarding measures to be taken at places of work – see here;
  • Consider working remotely for the next week, and limiting your opening hours to the bare essential;
  • Communicate with your clients via email or other digital means in order to update them on all the platforms through which you may be contacted (email, social media, digital communication tools, etc).

 

 

  1. Observe the measures put in place by various Authorities and Departments

 

Various Authority and Departments with which we interact on a daily basis have put into place a number of measures. These include the Planning Authority, the Building and Construction Agency, the Environment and Planning Review Tribunal, the Superintendence of Cultural Heritage and the Commission for the Rights of Persons with Disability. These have been collated into one document which you may easily download and distribute to your colleagues, clients, contractors and other consultants. The content of this document is correct as at 13th March 2020.

 

You are requested to be on the lookout for subsequent updates on the respective websites and social media pages of the respective Authorities and Departments.

 

With regard to Planning Commission, Planning Board and Environment and Planning Review Tribunal sittings, the Council is in contact with the relevant officials and discussions are under way regarding the possibility for suspension of all sittings – this will require the implementation of legislative measures to also suspend all applicable timeframes.

 

Download the latest measures

 

 

  1. Precautionary measures on construction sites

 

It is recommended that you undertake the following precautionary measures with respect to ongoing works on construction sites:

  • Contact the Project Supervisor (in terms of LN 88 of 2018) and request that a risk assessment is carried out to ensure that general protective measures relating to the limitation of spread of the coronavirus are in place;
  • Request that the Client, all contractors, and the Project Supervisor confirm in writing that none of their staff and/or representatives present on the site have travelled in the past three weeks, or have been in contact with persons who travelled in the past three weeks – in case of persons who do not meet these criteria, request that these are not allowed to access the site, and that they follow the measures imposed by Government;
  • If works are being carried out in confined spaces, and these can be postponed, liaise with the Client and the contractor accordingly in the interest of public health and safety.

 

  1. Preparing for additional measures

The situation is developing by the day. So far, all reported cases have been imported through travel, and no cases of local transmission have been detected.

The Kamra tal-Periti will continue to monitor the situation. It is nevertheless recommended that you prepare yourself for potential new and restrictive measures in the coming days. In view of this it is recommended that you:

  • Postpone the commencement date of any new works until after the pandemic is declared to be over;
  • Keep your workplace clean and hygienic, and ensure good ventilation;
  • Avoid travelling;
  • Develop a plan of what to do if one of your office colleagues or any one of the people on a construction site becomes ill;
  • Promote remote working and ensure that you have the necessary IT support;
  • Keep open lines of communication with your clients, appointed contractors and consultants on your projects in order to avoid unnecessary meetings and to ensure that all are remaining vigilant at this time;
  • Observe the recommendations of the OHSA on additional measures to be taken at the workplace as outlined here.

 

CIR 03/20 - Measures in place by Authorities and Departments as at 13.03.2020

 

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CIR 02/20 | COVID-19 Precautionary Measures

In light of the circumstances and directives published by the health authorities regarding Covid-19, members are advised to act in a responsible manner and take the necessary precautions to mitigate spread.

Specifically, attention should be given to restrict meetings and particularly to avoid interactions with persons who have travelled or who have been in contact with those who have travelled over the last fortnight. You are encouraged to utilise alternative means of communication.

The Kamra tal-Periti shall be issuing further guidance as needed. Meanwhile, for further information please follow the Ministry of Health’s official website linked below.

 

Perit Simone Vella Lenicker

President

 

Official Health Ministry guidance
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