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

Verżjoni bil-Malti

On 20th 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 6th 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 29th 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 19th 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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CIR 05/22 | Water Services Corporation Online Portal – Update

Following the publication of Circular CIR 02/22, the Council has had a meeting with the Water Services Corporation to discuss to iron out the liability and security issues present in its online portal.

With satisfaction, we wish to inform members of the profession that the portal was redesigned and is now live.

CIR 02/22 is thus hereby repealed.

Periti may wish to proceed with the submission of WSC clearance requests using the newly redesigned portal.

We take this opportunity to thank the WSC management and technical staff for their swift action.

 

Perit André Pizzuto
President

 

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CIR 02/22 | Water Services Corporation Online Portal

Circular Repealed

See CIR 05/22

 

The Council has been informed that the Water Services Corporation has launched an online portal to deal with requests for clearance in relation to permit conditions. Such clearances would be used to support requests for compliance certificates from the Planning Authority.

The portal, which makes use of the e-ID login, requests from periti the uploading of a standalone scanned copy of the permit perit’s signature and that of another perit or warranted engineer, where applicable.

This is clearly unacceptable for several reasons which require little to no explaining to those who possess a basic understanding of the liability and security risk implications such a system poses.

Periti are hereby advised not to utilise this portal, until it is redesigned to eliminate such risk implications.

 

Perit André Pizzuto
President

 

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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

 

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