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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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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 5th 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 2nd 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 31st 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 31st 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 [email protected].

 

 

Yours sincerely,

Simone Vella Lenicker
President

 

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PR 08/20 | A Modern Building and Construction Regulation Framework

Verżjoni bil-Malti

In May 2019, the Kamra tal-Periti had published its draft proposals for A Modern Building and Construction Regulation Framework. These were presented to all industry stakeholders, including the Chamber of Engineers, the Chamber of Commerce, the Building Industry Consultative Council, the Building Regulation Board, the Building Regulation Office, the Building and Construction Agency, the Planning Authority, the Malta Developers Association, and the Malta Insurers Association. All these entities and organisations endorsed the Kamra’s proposals and there is therefore industry-wide consensus that such proposals are both necessary and desirable.

The proposals were also presented to the European Commission and the Opposition, as well as to Government which, through a Letter of Commitment issued in August 2019, finally recognised the need for a comprehensive reform of the building and construction industry, and committed itself to implement the Kamra’s proposals.

After having taken on board all the feedback received over the past 12 months, the Kamra tal-Periti has now published the final version of its proposals. These are focused around ten main principles, namely:

  1. The separation of planning permit and building permit processes;
  2. Clear well-organised regulatory processes designed to promote public safety and quality, in the interest of the consumer, rather than being focused on ascribing blame post-accident;
  3. Clear distinction between the regulations governing building (the permanent works) and those governing construction processes and temporary works;
  4. The proposed Building and Construction Authority (BCA) is to take on the consolidated role of the assessment of buildings, building authorisations, enforcement, and monitoring of the construction processes, with the 22 public entities hitherto entrusted with the different areas of interest, becoming key stakeholders in the drafting of regulations and guidance documents;
  5. Major projects and public buildings to be subjected to an independent review, particularly in terms of structural design and fire engineering through the introduction of a new professional figure (Engineering Auditor);
  6. Contractors are to have the specific skills required, and to be classified and licensed according to such skills – they will be solely responsible for the process of construction, including temporary works, and would therefore have full possession of construction sites for the duration of the works;
  7. The enforcement of construction regulations to be delegated to private service providers – referred to as Building and Construction Inspectors (BCIs) – licensed by the BCA;
  8. Contractors to be required to certify that the executed works comply with the design instructions, and with the requirements of the Construction Products Directive;
  9. The construction phase will be concluded by the issuance by the BCA of a Compliance Certificate, which, inter alia, authorises that the building can be brought into use; and
  10. Post-occupancy checks and audits to be undertaken as predetermined by the BCA to ensure the continued compliance of the structure with building regulations.

The launch of these proposals is not the end of a process. It is the beginning of a new era in the building and construction industry. COVID-19 has highlighted the lack of sustainability of our previous ways – now is the perfect opportunity to look to the future with a new vision … a vision that is more sustainable, that still focuses on economic progress but that places more emphasis on safety and quality.

 

The Kamra tal-Periti is fully committed to ensure that these proposals are implemented and assures Government of its full cooperation in achieving this leap forward, bringing the industry firmly and squarely into the 21st century.

A Modern Building & Construction Regulation Framework for Malta

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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:

  1. Weathering the storm to save businesses and jobs
  2. Planning Commission meetings and processes
  3. 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 [email protected], 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

 

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