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PR 11/25 | KTP marks World Architecture Day 2025: Reiterates call for National Architecture Policy

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The Kamra tal-Periti (KTP) joins architects worldwide in celebrating World Architecture Day 2025, established by the International Union of Architects (UIA). This year’s theme, “Design for Strength”, calls on architects to embrace approaches that enable the built environment to withstand, adapt, and regenerate while promoting equity, continuity, and resilience.

At a time when Malta’s planning system has once again become the subject of public controversy, this theme resonates profoundly. The recent debates surrounding the government’s proposed planning law reforms have reignited public frustration over overdevelopment, the erosion of environmental quality, and the growing disconnection between planning policy and public wellbeing.

Yet, amid the polarisation between developers and environmental activists, architecture – the very discipline that shapes the spaces we live in – has been completely sidelined.

For decades, Malta has been burdened with a planning system designed to legalise architecture rather than enable it. A system that seeks to codify design into rules and formulas, believing that good architecture can be legislated into existence. It cannot.

While legal certainty is essential for regulating processes, it is anathema to the creative and contextual nature of architecture. Laws may provide clarity for lawyers defending or contesting permits, but they do little to support architects striving to create spaces that uplift communities, respect context, and enhance the environment. The evidence of this failure is visible in every corner of our towns and landscapes.

KTP notes with dismay the mockery expressed in public debate toward proposals aimed at elevating spatial, architectural, and contextual considerations in planning decisions. These are not subjective whims; they are the very foundation of high-quality, resilient, and meaningful built environments.

To “Design for Strength” in Malta, we must first design for integrity – of our profession, our institutions, and our public spaces. True resilience in the built environment requires a vision that transcends short-term interests and procedural certainty. It requires a commitment to architecture as a cultural, social, and environmental act.

For this reason, on this World Architecture Day, the Kamra tal-Periti reiterates its long-standing call for Government to partner with it for the development of a National Architecture Policy for Malta – one of only two European countries that still lacks such a framework. This policy would establish a national vision for architecture, urban design, and placemaking rooted in quality, sustainability, and cultural identity.

 

A City of a Thousand Gardens by Openworks Studio – Winner of the President’s Award for Best Overall Project at the 2024 edition of Premju Emanuele Luigi Galizia

 

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CIR 06/25 | Sanitary Regulation tolerances in Minor Amendment Applications

1. Purpose

This Circular serves to notify members of an important procedural update communicated to the Council of the Kamra tal-Periti by the Executive Chairperson of the Planning Authority. This update forms part of broader discussions on regulatory efficiency and the streamlining of policies and regulations currently being held between the Kamra tal-Periti (KTP) and the Planning Authority (PA), as well as between the National Building Council (NBC) and the PA.

 

This Circular is to be read alongside Directive DIR 05/25 on the reporting of measurements in compliance checks.

 

2. Procedural Update on Tolerances in Sanitary Regulations

The Planning Authority has adopted a new internal procedure concerning the application of the Development Planning (Health and Sanitary) Regulations (S.L. 552.22).

  • Under regulation 4, the Planning Authority may, at its discretion, permit dimensions that are lower than those stipulated, provided that compensatory measures are in place which achieve an equivalent sanitary outcome.
  • Examples of compensatory measures include the provision of a larger external aperture in lieu of a smaller aperture originally specified.
  • This internal procedure applies only in the processing of minor amendment applications – that is, applications filed by periti to amend a planning permit so as to reflect the as-built situation.
  • As part of this procedure:
    • Discrepancies of up to 2cm may be processed directly by planning officers.
    • Discrepancies greater than 2cm will be escalated and decided upon at Director grade or higher.

 

3. Important Clarifications

Periti are reminded of two key points:

  1. This tolerance procedure applies exclusively to the sanitary regulations contained within S.L. 552.22, and only within the specific context of minor amendment applications. It does not extend to other planning regulations, policies, or application types.
  2. Proposed drawings submitted with planning applications must continue to conform fully with the prescribed regulations. The discretion allowed under this internal procedure relates solely to the assessment of as-built minor amendment applications and does not in any way diminish the requirement for conformity at the original application stage.

 

Conclusion

Members are to take careful note of this update in their professional practice. The Kamra will continue to engage with the Planning Authority and the NBC to ensure that these procedures are applied consistently, transparently, and fairly across all cases, and that further progress is made in streamlining and improving the regulatory process.

 

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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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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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CIR 06/24 | Dangerous structures approvals

In the past few months, there were a number of very serious partial or near collapses that never became public. Periti had reported the situations to us in confidence to seek our assistance and advice, as well as moral support for the personal predicament they were facing through no fault of their own.

The failings were manifestly bureaucratic ones, with both the Planning Authority and the Building and Construction Authority unable to react and accommodate the urgency and speed that was required. Thankfully, the responsible ministers and the CEOs of both entities were receptive to our insistence that the discretionary powers granted to them in the law should be exercised and that the power vested in the responsible periti through the Code of Police Laws to direct the works unfettered by the said authorities should be upheld.

Thankfully, in all these cases, the speed and decisiveness shown by all involved ensured that the cases remained unreported by the press, as loss of life was prevented, and further structural failures were averted.

 

These experiences served also to sensitise those in authority to the need to eliminate unnecessary processes that prevent periti from upholding their main responsibility of safeguarding public safety.

 

Discussions were held with both the Planning Authority and the Building and Construction Authority in recent months to curtail the unnecessary paperwork and retain only what is strictly necessary to safeguard the public interest.

 

Planning Authority process

As a result of these discussions, in July the Planning Authority agreed to recognise that as per S.L.552.05, dangerous structure authorisations are NOT development permits and that therefore, they:

  1. Do not have an expiry date;
  2. Do not require a commencement notice to be filed.

A PA circular confirming the above is expected imminently.

 

Building and Construction Authority process

Similarly, the BCA has agreed, pursuant to S.L.623.06 regulation 25, to waive certain documentation from being filed by Periti on behalf of their clients. This was confirmed in a press release published by the BCA yesterday.

Through this streamlined procedure, periti are being empowered to recognise the urgency of repair works and to merely notify the BCA via a dedicated email address through which only the responsibility forms and insurance policy need to be filed. An automatic authorisation will be transmitted immediately to the perit, allowing works to commence immediately.

It is recommended that in such emergencies, only contractors in possession of annual CAR are engaged for emergency works, since the local insurance companies are still insisting on method statements to be filed for smaller or less experienced contractors.

Over the subsequent twelve hours, the perit should upload the authorisation, the responsibility form, and the insurance on eApps. While some may find this frustrating, unfortunately the IT system does not allow BCA’s mail servers to communicate directly with PA’s eApps. Nevertheless, such uploads should cause negligible inconvenience, particularly considering the significant efficiency improvements the current system is bringing about.

 

 

This is of course only a small step forward in the greater scheme of things. However, we have witnessed a marked change in the PA and BCA’s approach towards periti which augurs well for future reforms that are in the pipeline.

 

Perit André Pizzuto
President

 

 

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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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CIR 01/24 | DNO Processing Streamlined

The Council is pleased to announce a significant update in the processing of notifications filed under Development Notification Order (DNO) (S.L.552.08), which took effect on Monday, 15 January 2024 following a series of productive discussions with the Planning Authority (PA).

Echoing the sentiments expressed in the email I had sent out on 23rd October 2023, our stance has consistently been clear and firm: DNOs are permitted developments by law. The responsibility of the PA in this context is not to issue permissions but to confirm that the proposed works are included under the specific classes of permitted development.

After careful consideration, the PA has aligned with our perspective, revising its internal policy. This revision entails a strict limitation of external consultations solely in those circumstances permitted by the regulations, except for class 16. This shift in policy is among the significant steps toward simplifying the planning process, removing unnecessary administrative complexities, and thereby enhancing the clarity and efficacy of our professional practices.

Acknowledging this update as a step forward, the Council remains vigilant in monitoring its implementation and is prepared to address any emerging issues. Furthermore, we continue our efforts in advocating for more sensible processes that ensure both quality and efficiency in our work. We encourage all members to acquaint themselves with this recent policy change and to actively report any discrepancies or challenges encountered in its application.

Your continued support and active participation have been pivotal in achieving this milestone. Rest assured, the Council is steadfast in its commitment to advancing the interests of our profession, ensuring that our practices are not only effective but also fully compliant.

Perit André Pizzuto
President

 

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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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PR 03/23 | When in a hole…

Reference is made to this afternoon’s article carried in the MaltaToday online titled “Planning minister refuses to apologise to Kamra tal-Periti over scheme rollout blunder”.

 

At the onset, the Kamra tal-Periti wishes to point out that it never requested an apology for itself or the members of its Council, but for all periti who wasted a week of their professional time, their dignity trampled on, as well as to their clients whose hopes were needlessly raised through the extensive PR. Funds that could have been diverted towards more restoration projects.

 

Nevertheless, it is pertinent to point out that in none of the “consultation” meetings held with the Planning Authority nor with the Minister was the Irrestawra Darek scheme ever brought up.

The first Council members heard of the scheme was on 19th May at 3.30pm; the day the scheme conditions were communicated to all periti via email.

Our immediate reaction was of shock and dismay as we noted that the date and time chosen seemed to intentionally clash with the seminar organised by the Kamra regarding the Santa Luċija judgement to which the PA was invited. We raised our concerns with both the Minister and the Executive Chairperson about this, and asked for the opening to be shifted by a day or at least moved to 2pm. The Minister’s response was that he was only willing to shift the opening to 12pm. However, we never got direct confirmation of this shift until Monday, when an email sent out to all periti confirmed the change in time – causing a general scramble across the profession and in the organisation of the seminar.

Given that the scheme conditions had been formalised, there was clearly no scope for integrating the recommendations about the 2019 edition the Kamra had given former Ministers for Planning Ian Borg and Aaron Farrugia, as well as former PA Board Chairperson Perit Vince Cassar, and former Executive Chairpersons Johann Buttiġieġ and Martin Saliba, among others.

It is indeed unfortunate that none of the aforementioned provided a proper handover to the current Minister and Planning Authority administration. It would have certainly averted the debacle in this year’s edition.

Had the handover been effected, or the Kamra consulted, the Minister would have been made aware of our objection to the first-come first-served basis as well as other negative elements of the scheme.  The first to benefit from the Kamra’s recommendations, as always, would be the Minister and the affected authority.

 

Despite the above, we welcome the fact that Minister Zrinzo Azzopardi is finally considering reopening the scheme after taking our recommendations into consideration.

 

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PR 02/23 | The Irrestawra Darek Farce

The launch of the Irrestawra Darek scheme earlier today signalled the epitome of the Planning Authority’s disregard for the profession.

The scheme, which was heralded which much pomp and fanfare, opened at 12 noon today. To the consternation of periti and their clients, the online application platform collapsed within seconds under heavy traffic of users all trying to race each other at getting their applications through. After two hours of refreshing the error pages, the application form disappeared from the website indicating that the scheme may have been shut down by the Planning Authority altogether.

The scheme wasted a full week of work of several architecture studios, with the risk that disappointed customers may blame their architects for their unsuccessful attempts at applying, rather than the preposterous application system adopted by the PA, and not pay them for their services.

This is indeed not the first time this scheme has failed for similar reasons, although never was this scheme managed as badly as today. The Planning Authority launched this scheme without heeding any of the recommendations the Kamra tal-Periti had given it in past editions, including the removal of the first-come-first-served basis, and keeping the scheme permanently open.

 

This time, however, the Kamra cannot be satisfied with sending polite and articulated recommendations which remain ignored. Indeed, the Kamra is making the following demands pursuant to today’s debacle:

  1. The Planning Authority issue an apology to all periti for the disdain shown to the profession through the logistics behind the scheme. A similar apology should be issued to the clients who missed out on the scheme.
  2. An immediate repeal of the first-come-first-served basis, and the reopening of the scheme until the end of June 2023 to allow everyone who did not win the browser refresh lottery to have an opportunity to benefit from the scheme.
  3. The drawing of lots from all eligible applicants after June 2023 to determine who will succeed in getting the funds.
  4. The immediate reopening of the scheme without an end-date and the placing of applicants in a waiting list until funds are made available again.

 

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