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PR 01/25 | KTP welcomes draft regulations to address regulatory discrimination in previous permit extensions

The Council of the Kamra tal-Periti welcomes the publication of draft regulations which at long last initiate the formal process to address the anomaly that had been created through L.N.263 of 2023. The Council had called for this error to be fixed within days from its publication, issuing a number of press releases on the matter[1],[2] and holding various meetings with various Ministers and the Planning Authority officials to bring this situation to an end, particularly in view of the grave risks it had posed to construction sites with ongoing works that were unfairly excluded from previous permit extensions.

With the eventual coming into force of this draft legal notice, the grave injustice, and frankly regulatory discrimination, suffered by over 8,700 permit holders has been finally made good.

The Kamra tal-Periti looks forward to initiating discussions with the Planning Authority on addressing several other regulatory and procedural issues causing unnecessary burdens on the average citizen, treating them with the same brush as major developers.

[1] https://kamratalperiti.org/pr-08-23-extension-of-validity-period-of-development-permits/

[2] https://kamratalperiti.org/pr-03-24-anomaly-of-unequal-validity-period-for-various-development-permits-prevails/

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PR 03/24 | Anomaly Of Unequal Validity Period For Various Development Permits Prevails

With reference to our press release published on 05/12/23 following the publication of a legal notice extending the validity period of permits expiring between 10th November 2023 and 31st December 2024, the Kamra tal-Periti notes that despite a positive disposition during meetings, the Government has so far failed to address the injustice that was caused for permit holders whose permits expired between 1st January 2023 and 9th November 2023.

These permit holders were, for some unknown reason, denied any extensions, while some even benefitted from two extensions totalling six years.

This situation is graphically explained below:

The Kamra, thus, urges the Government to rectify this anomaly as soon as possible.

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PR 08/23 | Extension of validity period of development permits

In recent weeks, the Council of the Kamra tal-Periti has analysed the contents of S.L.552.33 published through L.N. 263 of 2023 to better understand the underlying reasons for its coming into force as well as its likely implications.

The Council noted that this was not the first time a similar legal notice was published. Indeed, shortly after the first few COVID-19 cases in Malta, a similar legal notice (S.L.552.30) was published extending all permits whose expiry fell between 27th March 2020 and 31st December 2022 by three years.

The more recent regulations extend all permits whose expiry falls between 10th November 2023 and 31st December 2024 also by three years.

The Kamra recognises that for the foreseeable months ahead, the industry will undergo a restructuring process as it adapts to new and expected regulations including the licensing of contractors, the new builders’ licence, new building regulations, the implementation of new regulations on energy performance in buildings and construction and demolition waste, taxonomy and ESG compliance, among many.

It is expected that these reforms will result in delays as the industry adjusts. These adjustments will also directly impact on the profession itself which will require a degree of training.

The Kamra, thus, welcomes the fact that the government has acknowledged this reality by extending the validity of permits.

Concurrently, however, the Kamra notes that the way in which the extensions were promulgated created a number of anomalies. Indeed, all permits whose expiry fell between 10th November 2020 and 31st December 2021 benefited from a total extension of six years, while those whose permits expired between 1st January 2023 and 9th November 2023 did not benefit from any extension. All others were granted an extension of three years. This is illustrated graphically below.

It is pertinent to note that while the Kamra was consulted regarding the first set of regulations published in 2020, regrettably, no such consultation took place with the latest set of regulations.

The Kamra calls on the government to address the anomaly illustrated in the above graph and attached table as soon as practicably possible.

 

Calculation of Extensions of Validity Period

 

 

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