STUMBLING BLOCK

Simone Vella Lenicker, president of the Chamber of Architects and Civil Engineers (Kamra tal-Periti), delves into the need for a modern building and construction regulation framework.

In its seminal publication ‘The Urban Challenge – Our Quality of Life and the Built Environment’ (2007), the Chamber of Architects had highlighted the need to improve the quality of construction. It had stated: “New regulations are necessary and welcome but should be backed by adequate research and funding to ensure they truly provide value for money to society. The establishment of a ‘Construction Platform’ would provide a clearer reference point for developers, design professionals and the public. Continual training and professional development, the certification of tradesmen and the licensing and classification of service providers will help ensure that construction practice improves. An adequate level of protection and cover for all stakeholders will ensure clients’ interests are better protected”.

The Chamber of Architects has been calling for an overhaul of the regulations that govern the construction industry ever since. It pushed for the consolidation of the various fragmented pieces of legislation, bodies and departments regulating the industry under one legislative and administrative umbrella to ensure higher standards in the industry, to bring it in line with modern practice and standards, and to ensure the protection and sustainability of the significant investment made when properties are constructed, bought or rented out.

Finally, in the last quarter of 2018, the Ministry for Transport, Infrastructure and Capital Projects published a White Paper proposing the establishment of a Building and Construction Authority, a proposal which the Chamber of Architects welcomed. Moreover, the Chamber emphasised the need to separate planning and development permit issues from those related to building standards and regulations, not just at inception stage, but right through to end-oflife considerations.

Over the years, the planning process has reduced itself from one related to the achievement of overarching planning goals and policies, to one of development permits, with a vast number of regulations pertaining strictly to the construction phase of a project becoming intertwined within the planning process itself. This not only burdens the planning permit process unnecessarily by requiring technical detail which is premature at this stage of a project, but also detracts from the focus of what planning should be about. It has also resulted in the mistaken impression that obtaining a planning permit is the be-all and end-all of the existence of architects, when in reality the more complex processes, and those for which the architect carries very onerous responsibilities, come after the planning permit is obtained.

OVER THE YEARS, THE PLANNING PROCESS HAS REDUCED ITSELF FROM ONE RELATED TO THE ACHIEVEMENT OF OVERARCHING PLANNING GOALS AND POLICIES, TO ONE OF DEVELOPMENT PERMITS…

A major lacuna in the industry is the complete lack of adequately trained and qualified personnel. Of all the professionals and tradespersons involved in a construction project, only four of the key figures are, to one extent or another, formally qualified. Foremost is the architect and civil engineer, who very often ends up getting the blame for anything that goes wrong on site and whose responsibilities are incorrectly assumed to cover everything from site cleanliness to structural integrity. The other is the mason, who is not only inadequately trained to deal with the complexity of contemporary building techniques and materials, but who is completely unregulated after obtaining a licence; not to mention the added complication that, until recently, a formal list of licensed masons was not available in the public domain. Then there are the mechanical and electrical engineers, who are often not involved in small to mediumscale projects, and are very often engaged after the main structural works have been finalised. The fourth figure is the project supervisor required to be appointed under the Occupational Health and Safety Authority (OHSA) regulations, although the law also permits the developer to take on such a role, if he or she deems him/herself to be competent in this regard.

No other participant in the industry is regulated in the slightest manner.

Article 1638 of the Civil Code places the responsibility for structural stability jointly on the architect and the contractor, however whereas architects carry a warrant and are subject to a Code of Professional Conduct, contractors are not regulated at all. There is therefore an urgent need for registration and classification of contractors, which should be based on competences and qualifications as well as considerations relating to their workforce, their equipment and capacity.

THE RECENT SPATE OF INCIDENTS ON CONSTRUCTION SITES HAS SET OFF ALARM BELLS. FINGER- POINTING WILL NOT GET US ANYWHERE…

This situation is unacceptable, and the industry cannot move forward until such glaring deficiencies are properly addressed. The Chamber of Architects has taken a proactive role in ensuring that this important industry for the country’s economy not only performs well financially, but also, and more importantly, in terms of qualitative criteria. There is a limit to how much people are willing to pay for poorly built properties, and the main stumbling block here is the complete lack of adequate building regulations which set a benchmark for the performance of a building and its components.

In view of this, the Chamber of Architects recently launched a document with its proposals for a modern building and construction regulation framework, which has so far been well received by both professionals and the industry. These proposals seek to provide support to the profession and to the industry as a whole by formalising standards which, in general, reflect best practice approaches already generally followed by the profession despite them not being prescribed.

The document is intended to provide the legislator with a comprehensive basis for taking this important step forward. It includes a thorough review of the current situation, analyses the problems, and provides solutions which are also informed by research on systems which have been tried and tested in other countries.

The recent spate of incidents on construction sites has set off alarm bells. Finger-pointing will not get us anywhere. The profession itself has been calling for a much-needed review of the laws which govern it in order to bring it in line with international requirements, and the Chamber of Architects has been working hard to ensure that such changes will be implemented in the coming months. All other players in the industry must do the same if we are to achieve a holistic overhaul of the industry. The Chamber, as a key stakeholder, is committed to provide its full assistance and support to ensure a smooth and professional transition towards better quality across the board.

Words by

Simone, recently elected president of the Chamber of Architects, has served on the Building Industry Consultative Council (BICC) Advisory Board, the Planning Authority’s Users’ Committee, and the Building Regulation Board within the past 15 years.