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PR 09/25 | KTP calls for national unity around deep and meaningful planning reforms

For decades the Council of the Kamra tal-Periti has been advocating for the need to reform Malta’s planning regime. The gradual, yet inexorable, decay of our built environment and quality of life over the past four decades has seen inevitably ever-increasing dissatisfaction and anger from the general public about the planning system and the construction industry in general. This, coupled with the several major construction incidents in recent years, makes the need for deep and meaningful reform not only more pressing, but inescapable.

The Kamra has been having several discussions with various Ministers, public entities, and NGOs on the need for reform over recent months. Indeed, it was recently entrusted to embark on a three-year project of completely overhauling Malta’s building and construction regulation framework through an agreement it signed with the Building and Construction Authority.

In the past weeks, it has also been engaged in regular and fruitful discussions with the Planning Authority about the need to collaborate on developing a National Architecture Policy which would analyse and address the strategic issues facing the practice of architecture in Malta. These discussions are at an advanced stage, and it trusted a detailed announcement on this matter will be made in the weeks ahead.

The Council of the Kamra was also concurrently engaged in discussions with the PA through the National Building Council on reforms to the planning appeal process – a reform that was long overdue. The inability to suspend planning permits during the appeal phase was a preposterous situation that needed to be addressed with urgency.

The Kamra’s position has been clear from the start: all permits should be suspended during the appeal phase which, however, should be shortened and made more efficient thereby striking a balance between the opposing interests in this debate. Indeed, the Kamra’s position has consistently been that the appeal timeframes should not exceed three months before the EPRT, and a further three months before the Court of Appeal, to which the standard statutory timelines for filing and responses were to be added.

In recent weeks, Council representatives were presented with draft text related to the EPRT Act to which it gave its feedback. The Council is satisfied that most of its recommendations were included in the final Bill. Nevertheless, a number of provisions found therein were not previously discussed.

A second Bill, however, was also concurrently published with the one governing the planning appeal process. This second Bill, Bill 143, proposes amendments to the Development Planning Act. It must be stated that the Kamra was never presented with this text and was only able to review it over the past three days.

Given the nature of the proposals in both Bills and the impact they may have on people’s lives, the Council felt it was prudent to review them thoroughly and dispassionately. An analysis report about each of the Bills has been drawn up outlining the Council’s detailed technical review, together with its comments and recommendations.

The reports seek to present a balanced, objective, and constructive assessment of what is actually being proposed. The reports include proposals for amendment or outright deletion of some of the articles in the Bills. They also, however, address incorrect misinterpretations of the content of the Bills that are being reported in the media.

Indeed, it is incorrect to state that only objections filed within the 30-day representation window will be considered. The actual text is exceedingly clear that objections can be changed and extended until the two-week deadline to respond to the case officer’s report. Moreover, objectors are given the right to file further submissions if any plans are changed at the request of the Planning Board.

There are, however, aspects of Bill 143 which the Council finds objectionable. This is particularly in relation to the change in planning document hierarchy and the provisions to modify plans.

While the Kamra recognises that Malta’s planning documents are poorly crafted and grossly outdated, piecemeal revisions and the absence of broad public participation in decisions affecting the well-being of this country and its citizens is not the correct approach.

The Council of the Kamra tal-Periti calls, yet again, for the initiation of a formal process for deep and meaningful planning reform, looking at rebuilding the entire planning system from first principles, informed by contemporary and sustainable planning paradigms.

The Kamra tal-Periti is willing to step up and lead the process, as it has already been entrusted to do with other reforms. The Council believes it is in a privileged position to take on this role, given the broad confidence and trust of opposing and varying interests it enjoys.

Finally, the Council welcomes the Prime Minister’s statements that the Government will be considering feedback about the Bills and trusts that the amendments put forward by the Kamra tal-Periti will be considered and adopted.

Analysis Report

BILL 143

An Act to Amend the Development Planning Act, Cap. 552

Analysis Report

BILL 144

Environment and Planning Review Tribunal Act, 2025

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29/07/2025/by Kamra tal-Periti

PR 06/24 | Team of Periti behind KTP’s proposal meet IM to explain Msida Park project

Following a meeting held yesterday between the President of the Kamra tal-Periti (KTP) André Pizzuto and Minister for Transport, Infrastructure and Capital Projects Chris Bonett, another meeting was held this afternoon between members of the design team behind KTP’s Msida Park project and IM’s civil engineers. The purpose of the meeting was to explain the urban design and planning concepts behind the project to facilitate its development and implementation.

The parties are to reconvene at a future date to provide IM with the time necessary for the technical development of the new project. The KTP team committed to remain available to assist with its technical expertise as needed.

For more information on Msida Park visit kamratalperiti.org/msidapark

Print Version EN

26/06/2024/by Kamra tal-Periti

PR 03/22 | Court chastises Planning Authority for illegally authorising demolition of historical Sea Malta building

Verżjoni bil-Malti

On 20^th March 2018, the Kamra tal-Periti, together with Din l-Art Ħelwa and Flimkien għall-Ambjent Aħjar, had sued the Planning Authority over the illegal authorisation granted to Enemalta plc to demolish the Sea Malta building at Xatt l-Għassara in Marsa.

The Sea Malta building, or what is left of it, is an important part of our architectural heritage – a fine modernist building that successive administrations sadly failed to adequately protect and schedule.

The court case had been filed after having first written to former Prime Minister Joseph Muscat on 6^th December 2017 stating that “this building is now severely dismembered as a direct result of the Authority’s failure to recognise its error, to ignore repeated calls for the works to be stopped, and to blatantly ignore the findings of the investigation carried out by the Commissioner [for the Environment and Planning]. This behaviour can only be described as an utter disgrace, and a clear signal that the Authority believes itself to be above the law.”

The Kamra had called on the former Prime Minister for immediate action to be taken to ensure that abusive planning approvals for demolition of our built heritage are reversed, and that the necessary measures are taken to safeguard historical buildings from further destruction under the guise of permitted development. A request for an urgent meeting was also made. This letter and successive pleas for discussion remained unanswered.

On 29^th December 2017, the Commissioner for the Environment and Planning within the Office of the Ombudsman had confirmed the Kamra’s position about the substantive and procedural failings of the Planning Authority in this case. Indeed, the PA’s Executive Council had explicitly voted to ignore the Ombudsman’s findings and allow the demolition of the Sea Malta building to proceed regardless.

Yesterday’s final judgement confirms the Kamra’s position on the systematic failings in the planning processes that make a pretence of being rigorous but fail to truly protect the country’s built environment and its historical architectural legacy.

Over recent months, we have witnessed various images going viral on social media illustrating the travesty surrounding the purported protection of architectural heritage, from prehistoric cart-ruts to rural chapels and prominent 19^th Century buildings in St Julian’s. These images nakedly expose this pretence, which should no longer be ignored by decision-makers. As witnessed in the Sea Malta building case, given the opportunity, the PA’s Executive Council will vote for the demolition of cultural heritage rather than its protection.

The Kamra shall continue to advocate for the need for comprehensive planning reform to ensure that the Planning Authority begins to focus on upholding the public good rather than speculative interests.

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Print Version MT

05/11/2022/by Kamra tal-Periti

CIR 17/20 | World Architecture Day 2020 – Towards a Better Urban Future

Dear Perit,

Today, the Kamra tal-Periti joins its European and global counterparts in celebrating World Architecture Day, which this year is based on the theme “Towards a Better Urban Future”.

In 1986, the International Union of Architects (UIA) established World Architecture Day to coincide with World Habitat Day, with the aim to draw the attention of professionals and the public to issues concerning cities and housing. This year’s celebration comes amidst the global coronavirus pandemic which has caused us all to make changes to our lifestyles, and has compelled us to question many of our ways, not least our urban environment and the design of our buildings, and how these support and impact our quality of life.

This year’s theme brings to the fore a number of issues that are relevant to our current reality. Most schools will be reopening today, welcoming our younger generations to a new reality which will take some time to adapt to. Many of our elderly are isolated in care homes, while others are left wondering how often they can see and embrace their grandchildren now that these are returning to their school benches. Various offices have resorted to teleworking practices in an effort to contain the spread of the virus and to protect their staff, while other workers who do not have the option to work from home face daily struggles to ensure their own safety and that of their families. All of these activities take place in buildings and urban spaces, designed and created by architects, engineers, and planners, whose responsibility in shaping our future is crucial – for indeed it is a responsibility, and a privilege, to be able to contribute to the future of our country in such a lasting manner.

This Day cannot, therefore, go by without a reflection on how our profession is contributing towards a better urban environment. Are we being of service to society, seeking the common good, or are we serving other masters for more immediate benefits? This brings to mind the seminal Encyclical Laudato Sí, penned by Pope Francis five years ago, where he stated that “If architecture reflects the spirit of an age, our megastructures and drab apartment blocks express the spirit of globalized technology, where a constant flood of new products coexists with a tedious monotony. Let us refuse to resign ourselves to this, and continue to wonder about the purpose and meaning of everything. Otherwise we would simply legitimate the present situation and need new forms of escapism to help us endure the emptiness.”

How are we going to rise to the challenge to help our communities recover and rebuild? How are we going to ensure that what we design today is adaptable to future realities, while keeping the persons who inhabit our buildings and use our spaces at the centre of our design ethos? Are we ready to safeguard our common home in an effort to ensure the resilience of our future generations?

This is not just a lofty ideal. This is a duty, and a commitment we must all acknowledge.

Yours sincerely,

Simone Vella Lenicker
President

05/10/2020/by Kamra tal-Periti

CIR 16/20 | Various Updates

Through this Circular, the Council of the Kamra tal-Periti would like to bring to your attention a number of matters, as follows:

1. Call for Court Experts

The Courts of Justice are in the process of renewing the list of architects and civil engineers that may be nominated as experts by the Courts. The Kamra tal-Periti invites those periti who are interested in providing their services to submit their details by no later than the 5^th October 2020 at this link.

2. Periti Warranting Board

As reported by the Kamra on 23rd September 2020, the Electoral Commission notifies that it has duly received 2 (two) nominations from periti interested in sitting on the Periti Warranting Board, namely:

Grech Alfred 404054M 6, Triq San Pawl, Attard

Zammit Ivan 120475M ‘Rivendell’, 81, Triq San Mikiel, Zurrieq

All periti are entitled to vote in a secret ballot for not more that one candidate. Voting will take place on Friday 2^nd October 2020, between 10.00 am and 2.00 pm (uninterruptedly) at the Ministry for Transport, Infrastructure and Capital Projects, Blk A – Boardroom, Francesco Buonamici Street, Floriana.

To vote, every perit must present his/her ID Card or another official photo identity document. The voter must mark a cross (X) in the box on the ballot paper next to the name of not more than one (1) candidate. Counting of votes shall take place immediately upon closure of the poll.

3. Legal Notice 374 of 2020 – Amendment to Sanitary Regulations

Through the coming into force of Legal Notice 374 of 2020, the minimum clear internal height of parking levels is now 2.10m.

4. Legal Notice 375 of 2020 – Amendment to Regularisation Regulations

Regulation 7 regarding the expiry date and increase in fees for the Regularisation Regulations has been repealed with immediate effect through Legal Notice 375 of 2020. This means that the cut-off date has been removed, and the fees will not be increasing as previously established.

5. Notification re membership expiry

A number of periti have received automated messages from our website regarding membership expiry. We are looking into the matter with our IT support. Kindly note that membership ends on 31^st December of each year. You can verify the status of your membership by logging into your profile on the website.

The automated email is meant to serve as a reminder to periti to plan for their renewal, as well as to inform them about the 20% discount for those who renew before 31^st January. We are working on correcting the automated message and apologise for any inconvenience.

6. Premises for rent

The premises of the Malta Federation of Professional Associations (MFPA), of which the Kamra tal-Periti is a member, includes a shop which is currently vacant.

The area of the shop is circa 40 sqm. It comprises one large front room overlooking the main road, and a second room comprising toilet with shower. This shop is air conditioned. The premises can also be leased as an office/clinic but this can be discussed with the interested party/ parties. The rent for the first 2 years is €15/day. Rent will increase to €17/day for the following two years and to €20/day for the fifth year. Agreement will be for 5 years, with one year notice to end or continue the lease agreement.

Any interested persons are requested to contact the Federation on 99471287 or via email info@mfpa.org.mt.

Yours sincerely,

Simone Vella Lenicker
President

01/10/2020/by Kamra tal-Periti

LN133 of 2020_Energy Efficiency and Cogeneration (Amendment) Regulations, 2020

CIR 12/20 | Transposition of EU Directive 2018/844

Two new Legal Notices have been recently published to transpose Directive (EU) 2018/844 on the energy performance of buildings and on energy efficiency.

This Legal Notice obliges the Building Regulation Board to issue a long-term strategy for mobilising investment in the renovation of buildings, and to update such strategy every three years.

LN134 of 2020_Energy Performance of Buildings (Amendment) Regulations, 2020

This Legal Notice amends the Energy Performance of Buildings Regulations to bring them in line with Directive (EU) 2018/844. There are a number of changes that relate mainly to building engineering services, and it is recommended that you advise your clients and their consulting services engineers of the contents of these new regulations in so far as they are applicable to your projects.

It also obliges the Building Regulation Board to “establish a long-term renovation strategy to support the renovation of the national stock of residential and non-residential buildings, both public and private, into a highly energy efficient and decarbonised building stock by 2050, facilitating the cost-effective transformation of existing buildings into nearly zero-energy buildings.” Furthermore it obliges the Building Regulation Office to undertake various provisions for financial assistance to improve energy performance of buildings and to establish regular inspections of heating and air-conditioning systems.

Two new Regulations of particular relevance to periti are Regulation 5(5) and Regulation 5(10) which stipulate that:

5(5) “New non-residential buildings and non-residential buildings undergoing major renovation, with more than ten parking spaces, shall be installed with at least one recharging point within the meaning of Directive 2014/94/EU of the European Parliament and of the Council and ducting infrastructure, namely conduits for electric cables, for at least one in every five parking spaces to enable the installation at a later stage of recharging points for electric vehicles where:

(a) the car park is located inside the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the building; or

(b) the car park is physically adjacent to the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the car park.”

5(10) “New residential buildings and residential buildings undergoing major renovation, with more than ten parking spaces, shall be installed with ducting infrastructure, namely conduits for electric cables, for every parking space to enable the installation, at a later stage, of recharging points for electric vehicles, where:

(a) the car park is located inside the building, and, for major renovations, renovation measures include the car park or the electric infrastructure of the building; or

(b) the car park is physically adjacent to the building, and, for major renovations, renovation measures include the car park or the electrical infrastructure of the car park.”

Although the Legal Notice gives power to the Minister to exempt certain types of buildings, no such exemptions have as yet been issued, and therefore these Regulations are considered applicable to all situations as outlined above. One of the situations contemplated in the Regulations where the Minister may issue exemptions concerns those building where the relevant applications have been submitted prior to 10 March 2021. The Kamra will be corresponding with the Minister to apply such exemption in order to allow the market to adjust accordingly, however until then the provisions of the regulations must be implemented.

Regulation 9 includes an obligation on EPC assessors to “provide information to the owners or tenants of buildings on energy performance certificates, including their purpose and objectives, on cost-effective measures and, where appropriate, financial instruments, to improve the energy performance of the building, and on replacing fossil fuel boilers with more sustainable alternatives.”

While trusting that you will peruse the new regulations, please do not hesitate to contact the Kamra tal-Periti through email on buildingregs@kamratalperiti.org should you have any queries.

Yours sincerely,

Simone Vella Lenicker
President

29/04/2020/by Kamra tal-Periti

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:

Weathering the storm to save businesses and jobs
Planning Commission meetings and processes
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

Video: Eric Bartolo

26/03/2020/by Kamra tal-Periti

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

24/03/2020/by Kamra tal-Periti