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PR 04/21 | Kamra tal-Periti and OLI – Sistemas Sanitários Establish Collaboration Alliance

The Kamra tal-Periti is delighted to announce the signing of a Partnership Agreement with OLI – Sistemas Sanitários[1] a multi-national company operating in the field of specialised sanitary solutions for innovative building projects.  The Partnership Agreement was signed in March by Perit Ivynne Grixti, Honorary Treasurer of the President of the Kamra tal-Periti and Federica Niboli, Managing Director of OLI – Sistemas Sanitários.

The signing of this agreement forms part of a new strategic direction and business plan embarked upon by the Kamra with a view to increase value to its members in the Architectural Profession.  With this in mind, the Kamra is teaming up with a selected number of leading commercial partners in the building and construction industry with a view to provide value and resources such that the Kamra may play a more effective role with its members and interested stakeholders.

As Partners of the Kamra, OLI – Sistemas Sanitários will benefit from direct exposure with the community of Periti operating in Malta.  In particular, the partner company will have access to KTP social media discussion groups as well as access to events for networking purposes for the purposes of reaching out directly to members of the Profession.   Besides, the Kamra has committed itself to issuing topical fact-sheets to its members on behalf of the Partner to promote their specialised solutions.  Similarly, the Kamra and OLI – Sistemas Sanitários will co-organise specialised training sessions for Periti and their staff on innovative solutions towards water-efficiency.

Speaking at the signing on behalf of OLI – Sistemas Sanitários, Federica Niboli said that the Group is a firm believer in close relations and communications with the architecture profession and this agreement addressed this philosophy.  “We look forward to working closely with the Kamra tal-Periti.  We are certain that the exposure this will give us will result in mutual benefits for the company as well as for the Periti who are set to gain from their exposure to detailed information about the benefits of including our solutions into their future projects”.

KTP President, Andre Pizzuto commented that the Kamra was delighted to form this new alliance with OLI – Sistemas Sanitários.  “We hope that this agreement paves the way for a new approach at the Kamra by which we are able to team up with market players which share our ethos and vision for higher standards and professionalism in the local Construction Industry and in the process enhancing quality of life for the Maltese people both through a finer built environment for Malta.”

[1] Background Note on OLI – Sistemas Sanitários

OLI – Sistemas Sanitários, S.A., founded in 1954 in Aveiro, is currently one the European leader in the production of cisterns. A wide range of solutions, such as control plates, in-wall and exposed flushing cisterns, and mechanisms (inlet valves and outlet valves) are sent daily to 80 countries on five continents. OLI flushing cisterns can be found in bathrooms all over the world. A hotel in Malta, an Israeli hospital, a school in Spain, a football stadium in Qatar, a boat Hotel in Peru, or a restaurant in Italy, are just a few examples of landmark projects where OLI products are present. This international recognition is based on innovation, through designing unique technical and user-friendly solutions. OLI´s innovative work has been recognized with several distinctions, namely “Archiproducts Design Awards”, “Good Design”, “Iconic Awards” and “Design Plus”.

Satariano are the official suppliers of OLI.  Over the years Satariano has been entrusted to supply OLI on numerous projects a few of which include:

Malta International Airport, MAPFRE MSV LIFE Offices, Hilton Hotel Malta, Portomaso & Portomaso Business Tower, Portomaso Laguna, MIDI plc, The Westin Dragonara Resort, Eden Cinemas, 14 East, Pender Tower, Dolmen Casino Complex & The Civil Service Sports Club are just a few from their very extensive portfolio.

 

 

 

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DIR 01/21 | Default design assumptions in relation to Servitudes

The manner in which property-related servitudes (or easements) are created and extinguished is set out in Book Second – Part I – Title IV of the Civil Code, Cap 16. This section of the Law governs, among other things, the minimum distance of seventy-six centimetres (76cm) from the party wall dividing two tenements in respect of windows [Art. 443 (1)], balconies [Art. 443 (2)] and excavations [Art 439].

When designing new buildings or the extension or alteration of existing buildings, Periti are to assume that the third-party servitudes upon the design site have NOT been waived or otherwise extinguished, unless their client instructs otherwise in writing.

Provided that periti will not be held professionally liable if their client makes a false declaration or issues incorrect instructions in this respect.

Provided further that the term “design” shall include the preparation of architectural drawings, the preparation and submission of planning application drawings, and/or the preparation and issuance of construction drawings and other related documentation.

 

 

Perit André Pizzuto
President

 

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PR 02/21 | Kamra tal-Periti and Vivendo Group Establish Collaboration Alliance

Verżjoni bil-Malti

The Kamra tal-Periti is delighted to announce the signing of a Partnership Agreement with Vivendo Group.

The signing of this agreement forms part of a new strategic direction embarked upon by the Kamra to increase value to its members in the Architectural Profession. The Kamra is teaming up with a selected number of leading partners in the building and construction industry with a view to provide value and resources such that the Kamra may play a more effective role with its members and interested stakeholders.

This collaboration between Vivendo and Kamra tal-Periti is a consolidation of the last few years of strong commitment between the two parties. In this respect, the Vivendo brand will sit side by side with that of the Kamra in each initiative tackled jointly. By providing invaluable resources that are channelled towards the improvement of the built environment in Malta, Vivendo is placing itself at the forefront of supporting the Kamra. By working with Malta’s architects, Vivendo creates spaces that look great and feel great focusing primarily on the furnishing and finishing of office spaces, hotels and gyms.

Vivendo will benefit from direct exposure with the community of Periti operating in Malta.  Similarly, the Kamra and Vivendo will co-organise two specialised training sessions per year for Periti and their staff on innovative trends, products, and materials.

To this end, as part of this agreement, Kamra members will have exclusive access to training and educational webinars, in collaboration with Vivendo’s key partners, including Vitra, Technogym, Rockfon and Frezza, who are at the forefront of international design trends and solutions in the building and interior design industry.

Speaking at the signing on behalf of Vivendo, Christine Gingell, B2B Development Manager said that the Group is a firm believer in close relations and communications with the architecture profession and this agreement addressed this philosophy.  “We look forward to working closely with the Kamra tal-Periti and we are confident that the exposure will result in mutual benefits for the company as well as for the Periti. The architects’ community has always been at the core of our business. With the support of our key brand partners, we will continue to support the architects and the industry with sustainable solutions in executing their design concepts”.

KTP President, Andre Pizzuto commented that the Kamra was delighted to form this new alliance with Vivendo.  “We are confident that this agreement paves the way for a new approach at the Kamra by which we are able to team up with market players which share our ethos and vision for higher standards and professionalism in the local Construction Industry and in the process enhancing quality of life for the Maltese people both through a finer built environment for Malta.”

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Kamra tal-Periti Design Review

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PR 29/19 | Sustainable Communities – Winners of design competition announced

The winners of the first design competition organised by the Kamra tal-Periti were announced on Monday 7th October 2019. The competition was organised as part of the policy “Sustainable Communities: Housing for Tomorrow”, spearheaded by the Housing Authority and the Parliamentary Secretariat for Social Accommodation.

Following a call for applications, two NGOs were selected by the Specialised Housing Board to take forward their proposals. Mid-Dlam ghad-Dawl proposed a project which focuses on the provision of supportive housing and therapeutic services to prisoners and their families, with an aim to create a homely domestic and child-friendly environment which supports integration and which emulates real life scenarios. The Richmond Foundation’s project aims to offer support to homeless mothers with mental health problems and their children, through an integrative approach towards housing and service provision which will enable them to achieve independent living.

The NGOs were then allocated a dilapidated property each, one in Birgu and one in Bormla, and the Kamra tal-Periti launched the design competition, inviting professionals to put forward their proposals for the rehabilitation of these two buildings in line with the briefs of the two NGOs. Seven proposals were submitted for consideration by the jury, which was composed of Dr Rachael Marie Scicluna representing the Specialised Housing Programme Board, Ms Mariella Mendez Cutajar representing the Specialised Housing Programme Board, Perit Jacques Borg Barthet and Perit Edward Said representing the Kamra tal-Periti, Prof Alex Torpiano representing the Faculty for the Built Environment, Dr Andrea Dibben representing the Faculty for Social Wellbeing and Mr Caldon Mercieca representing Valletta Design Cluster.

The jury was very impressed with the high calibre and attention to detail that each project was given by all submissions which, in one way or another, engaged seriously with the core criteria of the competition in terms of innovation, conceptual strength and response to the brief. This made the selection process more laborious but also exciting.

The winning proposal for the Richmond Foundation project was titles “Home: An Active Threshold for Belonging” and was submitted by Local Office. The jury selected this project for the sense of home embedded in the overall design. Motherhood, daily domestic rituals, and children’s needs informed the core design. The depth of research and awareness to mental health considerations, the regard for process pre- and post-occupancy and the overall attention to social, functional and budgetary aspects were exemplary. The user-centred design was brought out through a sensitive interplay between the self and domestic daily rhythms, with architectural specificity. Overall, the design proposal demonstrated a strong social research basis, and a careful balance between the private individual spaces and those fulfilling the needs of the community was handled sensitively. The provision of sanitary facilities, the texture of materials and colour schemes within the separate apartments was also considered important, as was the emphasis on the collaborative workshop both during the design stage as well as during use.

“Birgu: The Ordinary House” by openworkstudio was the winner for the project to be led by Mid-Dlam ghad-Dawl. The jury selected this project in view of how it transforms the ordinary into the extraordinary through architectural innovation, contemplation and in-depth research. Structural constraints were transformed into a creative and conceptually stimulating design, which breaks away from the traditional setting of supported accommodation. The domestic dimension was carefully choreographed along lines of visibility which maximise space but also offer a sense of privacy and homeliness. Additionally, the use of participatory parity was embedded in the process of building this home, where prisoners will have the possibility to construct their own furniture – a process which in itself instils hope and aspiration to a brighter future. By keeping the retrofitting of the building to a minimum, this project was able to focus on the intimate by opening up spaces that have the potential to heal.

During the award ceremony, Perit Simone Vella Lenicker, President of the Kamra tal-Periti, stressed the importance of design competitions as a means to select projects that are to be executed through public funds, since this process ensures the best quality of design. This first competition organised by the Kamra tal-Periti was particularly important because it will ensure that two vulerable groups within society will be able to benefit from dignified, safe and qualitative accommodation in the coming years, in line with the Kamra’s mission to ensure a quality built environment for the betterment of society.

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DIR 01/18 | Fees

Over the past couple of years, the Council of the Kamra tal-Periti has received an ever increasing number of complaints from members of the public regarding fees charged by periti. In most cases, the situation arises because the periti involved do not inform their clients of the fees that will be charged for the services rendered.

Although the Council of the Kamra tal-Periti does not enter into disputes relating to fees charged by periti, in view of the fact that clients have other means of redress for such issues, the Council would nevertheless like to draw your attention to Regulation 20 of Tariff K of the Code of Organisation and Civil Procedure, which states that:

20(a)  The foregoing provisions of this Tariff shall not prohibit a Perit and his client, from agreeing on a fee, or the basis on which the fee is to be determined which is different from that established by this Tariff, and in any case the agreed fee or basis for determining it, not being a basis prohibited by law, shall apply, subject to the provisions of the following sub-paragraphs:

          Provided that in any case, a Perit shall inform his client of the applicable fee or the basis on which the fee is to be determined before the service is provided.

20(b)  For the purposes of this paragraph, an agreement concerning fess shall be in writing.

 

It is therefore, not only in your interest, but it is also your obligation to ensure that any agreement on fees is made in writing, and that the services covered by such fee are clearly outlined.

Please be guided accordingly.

 

Alex Torpiano
President

 

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DIR 01/15 | Drawings, Design Documents and Intellectual Property of a Perit

It has come to the Kamra’s attention that Periti are frequently facing demands by their Client/s to provide a copy of drawings or other design documents in digital editable format.

Drawings, illustrations and/or other design documents are the intellectual property of the Perit that prepared them and there exists no obligation to provide these to a third party save for the purposes of statutory requirements and provision of a printed copy to the Client.

Although the Clients reimburse Periti for their professional services, with respect to designs, drawings and other design-related documents created by the Periti, the Client is entitled solely to their use and acquires no other rights over them.

Although not obliged to do so, Periti may choose to provide a copy of the relevant documents to the Client in locked digital format (such as Pdf) but there exists no obligation to provide same in an editable digital format (such as dwg files) unless this is specifically established in the Agreement between the Perit and the Client, which Agreement must be in accordance with Article 20 of Tariff K.

In the event that a Perit does decide (voluntarily and without obligation) to provide a Client or any other relevant third party with copy of such documents in editable format, then he is within his rights in demanding whatever remuneration he considers appropriate, over and above any other remuneration received in respect of professional services rendered, save where this is precluded by Agreement as outlined in the previous paragraph.

In the case of surveys of existing property however, where the measurements are taken and the relevant drawings of the building or property in its existing state are prepared by the Perit, in this case alone, the Client has the right to request provision of such drawings in editable format from the Perit, given that such survey includes no additional input of creative design work or similar by the Perit and is merely a record of the existing state of affairs.

Christopher Mintoff
President

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DIR 01/10 | Amendments to the Tariff of Fees (Tariff K)

As you are certainly aware, your Council is currently in discussions with government on various issues that affect the profession. These issues, that formed part of a compendium titled “Towards a Renewed Profession”, were the subject of an Extraordinary General Meeting (EGM) held in April 2008 and the positions taken then were again reaffirmed, with some amendments, at the Annual General Meeting (AGM) of the 11th December 2009.

 

One of these issues concerns the Tariff of Fees, more commonly known as ‘Tariff K’. At the April 2008 EGM a revised Tariff of Fees was approved and this was forwarded to government with a recommendation that it should replace the current Tariff K.

 

At the same time that discussions were ongoing with the Ministry for Resources and Rural Affairs (MRRA) on aspects of the reform process, the transposition of the Services (Internal Market) Directive (Bill 32), which transposition had a direct bearing on Tariff K, was also being discussed. During these discussions it was made amply clear to the Ministry that the EGM of April 2008 had approved a revised Tariff of Fees and that it was the express wish of the Kamra and its members that this should replace the current Tariff of Fees.
To our surprise, in August 2009, we were informed by the Permanent Secretary at the Ministry that the Cabinet of Ministers, when discussing the transposition of the Services Directive had taken a unilateral decision to do away with the Tariff of Fees and liberalise the whole fee structure. We wrote back to the Permanent Secretary saying that we were in full disagreement with the position taken by Cabinet and requested that the latter is made aware of the Kamra’s position which was supported by an EGM of the Kamra and which position had already been made known months before to officials of the MRRA.
When the meetings with the Ministry resumed and the transposition of the Services Directive was being discussed, agreement was reached between the Ministry and the Kamra as to the way forward:

 

  • the revised Tariff of Fees as approved by the EGM was to replace the current Tariff;
  • the relative clause in Part VII of Bill 32 was to read as follows:
16 . Immediately after paragraph 19 of Tariff K in Schedule A of the principal law, there shall be added the following new paragraph:
“20 (a) The foregoing provisions of this Tariff shall not prohibit a Perit and his client, from agreeing on a fee, or the basis on which the fee is to be determined which is different from that established by this Tariff, and in any such case the agreed fee or basis for determining it, not being a basis prohibited by law, shall apply, subject to the provisions of the following sub-paragraphs:
Provided that in any case, a Perit shall inform his client of the applicable fee or the basis on which the fee is to be determined before the service is provided.
(b) For the purposes of this paragraph, an agreement concerning fees shall be in writing”.
  • In addition to the above another important clause of the same Bill was to read as follows:
14 (2) This Part shall come into force on such a date as the Minister responsible for justice may by notice in the Gazette appoint, and different dates may be so appointed for different provisions and different purposes thereof.
On the basis of the above and on the understanding that the bringing into force of sub-sections 16 and 20(a) and (b) would not occur before at least three (3) years from the publication of the Bill, the Kamra was happy to proceed. This had the full agreement of the representatives of the MRRA as well as the representative of the Ministry for Finance, the Economy and Investment. In fact the draft Bill that was presented at Parliament carried the full text as reproduced above.

 

To our immense disappointment, during the week commencing Monday, 25th January 2010 it came to our knowledge that the Bill as published in the Government Gazette of the 29th December 2009 did not reflect the above position as sub-section 14 (2) was amended and now reads as follows:
14 (2) This Part shall come into force upon publication of this Act.
Moreover, it was noted that the above sections, as amended, had already been incorporated as section 16 of Tariff K – Fees payable to Periti (Chapter 12 of the Laws of Malta – Code of Organisation and Civil Procedure). This effectively means that the fees that Periti can charge their clients for services rendered have been liberalised as from the 29th December 2009 and that it is the perit and his/her client that will set the level of the fee due, provided that such agreement is made in writing.
The Council of the Kamra is of the opinion that the wishes of the EGM of April 2008 and of the AGM of December 2009 have been totally ignored by government and that this goes contrary to the obligations outlined in Article 4 of Subsidiary Legislation 390.01 which states that “The Council of the Chamber of Architects and Civil Engineers (Kamra tal-Periti) shall correspond and consult with the Government and its various bodies and vice-versa on all matters concerning the profession or that may affect it in any way, as well as on other subjects of public interest”. We consider that the matter regarding fees to be paid to the perit is of fundamental relevance and of interest to both the profession and the public and that the respect and application of the intents of section 4 of the Subsidiary Legislation have been totally flouted.
I wish to inform you that the Council of the Kamra has discussed the situation at a formal Council meeting and has unanimously authorised me to write to the Prime Minister, expressing our disappointment at how the matter has been treated and requesting an urgent meeting with him. An appropriate letter was sent to the Prime Minister on the 3rd February 2010.
Depending on the outcome of the discussions with the Prime Minister it is our intention to hold an Extraordinary General Meeting of the Kamra.
In the meantime, whilst advising each Warrant Holder to familiarise himself/herself with the amendments that have been incorporated and enacted as part of Chapter 12 of the Laws of Malta, we are also obliged to draw your attention to the fact that clause 2 of the First Schedule of the “Code of Professional Conduct” is still binding as it has not been amended or repealed. This states that:

 

“A member is remunerated solely by his professional fees payable by his clients and/or by his salary payable by his employer. He is debarred from any other source of remuneration in connection with the works and duties entrusted to him. It is the duty of a member to uphold and apply the scale of professional charges payable to architects and civil engineers as per Tariff K of Schedule A to the Code of Organisation and Civil Procedure”

 

In this scenario and in order to avoid possible disputes with clients, it is important that:
  1. before any service is provided, the perit should inform the client of the applicable fee or the basis on which the fee is to be determined;
  2. irrespective of whether the scale of fees as set out in Tariff K is to apply, or whether a fee which is different from the scale of fees set out in the Tariff is to apply, an agreement in writing should always be entered into.
Following from the above, it is needless to state that failing an agreement in writing the scale of fees as set-out in Tariff K will automatically apply.
Finally we wish to draw your attention to the fact that the amendment to Tariff K became effective as from the 29th December 2009 and is not retro-active. In this respect, any commission entered into prior to that date should still be regulated, without fail, by the scale of fees as stipulated in Tariff K before it was amended.
The Council wishes to state that it has always recommended that the proposed reform process has to be treated in a holistic and consolidated manner, supported by a full consultation process, and not dealt with in a piecemeal manner as government seems set to adopt.
Vincent Cassar
President

 

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DIR 04/09 | Procedure for ‘Change of Architect’ and/or withdrawal from a commission

Directive Repealed

See DIR 04/22

Following the issue of MEPA Circular 03/09 and the subsequent issue of Chamber Directive DIR 03/09 dated 7 August and 10 August respective, representatives of the Chamber of Architects & Civil Engineers have met with the MEPA Chairman to discuss a number of issues associated with cases where a Client wishes to employ a second Perit to replace the one he/she had previously engaged and in cases where a Perit wishes to withdraw from a commission whether or not the Client has engaged a replacement.

Following the discussions held, it has been decided that with immediate effect, MEPA will revert back to the system as existed prior to the issue of its Cricular 03/09, dated 7th August 2009. Furthermore, and in order to improve the system and to avoid any misunderstanding, the following proceudres are to be adopted by all Periti:

  1. Termination by the Client prior to the Issue of a Development Permit
    The responsible Perit is to immediately inform MEPA of his withdrawal from the case and the subsequent relinquishing of all associated responsibilities, by means of a registered letter, with a copy to the Client and preferably also to the Chamber.
  2. Termination by the Client after the Issue of a Development Permit
    The responsible Perit is to immediately inform MEPA of the client’s instructions given to him/her and of his/her subsequent relinquishing of responsibility for any works beyond the indicated date, by means of a registered letter, together with copies of the said letter, preferably by registered mail to the Police Authorities of the locality where the development is taking place, the Local Council of the same locality, the Contractor, if applicable, to the Client and preferably also to the Chamber.
  3. Termination by the Perit originally engaged by the Client
    The Perit is to immediately inform the Client by means of a formal Withdrawal Notice sent by registered mail, declaring his resignation from the commission and relinquishing of associated responsibilities (save for works already carried out). If a permit a permit application is involved, the Perit is also to send a copy of the Withdrawal Notice to MEPA and if the permit has already been issued, further copies of the Withdrawal Notice are to be sent preferably by registered mail to the Police Authorities of the locality where the development is taking place, the Local Council of the same locality, the Contractor, if applicable, the Client and preferably also the Chamber.
  4. Taking over from another Perit
    Regardless of whether the commission of the original Perit engaged was terminated by the Client or by the said Perit himself/herself, the Perit engaged to take over, shall immediately advise the originally engaged Perit formally and in writing of his/her being requested to take over the commission. If a MEPA permit or application is involved, the second Perit shall approach the first Perit and request his endorsement on the appropriate ‘Change of Architect‘ form provided that it is either already endorsed by the Perit that is taking over, or the two hold a meeting and endorse the said form on the same occasion.

The Chamber of Architects and Civil Engineers is currently in consultation with MEPA in order to establish a mechanism through which MEPA, upon receiving the Notice of Withdrawal, will advise the Applicant/Client to terminate the works (if applicable) and appoint another Perit and furnish a ‘Change of Architect‘ form endorsed by both the incoming and the outgoing Perit within an established period of time in default of which the Application will be withdrawn or the Permit suspended.

Moreover, MEPA will be informing the Chamber of any instances where the Applicant/Client informs it that although he/she has requested the original Perit to sign the ‘Change of Architect‘ form the latter has refused, or is unwilling to do so and the Chamber will be referring all relevant cases for appropriate disciplinary action.

All Periti are to note that ‘Change of Architect’ forms should only be endorsed upon receipt of a formal request by another Perit and provided that either the form has been already endorsed by the Perit who is taking over or provided that a meeting is held between the two and endorsed by both on the same occasion. Moreover, all Periti are to inform their CLients of this accordingly. Periti are also to note that any pending issues between themselves and their Client, such as unpaid fees or similar, are not an admissible reason to withhold their handing over of a commission to a colleague and furnishing of the appropriate endorsed form.

Finally, the Chamber wishes to reiterate, as it has already done in previous directives, that it is a serious breach of the Code of Professional Conduct for a Perit to refuse to furnish his endorsement on a ‘Change of Architect’ form when requested to do so by a colleague who has been engaged to take over the works, provided that the said form has already been endorsed by the said colleague or that a meeting is held between the two to endorse the form on the same occasion. Moreover, it is also a serious breach of the Code of Professional Conduct for a Perit to take over a commission originally undertaken by a colleague without first informing the said colleague in a formal and appropriate fashion.

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