e Malta Business OBSERVER
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March 26, 2020
21
NEWS
“e industry has been left to its own devices for long enough.” – Perit David Xuereb, Malta Chamber of Commerce President oper would also have to place bank guarantees, which would be accessed by the third parties, in case of any damage. Dr Xuereb said that while last year’s building reform was a significant step forward in the right direction, it did not address some fundamental necessities like the licensing of construction contractors against a set of minimum standards (as opposed to their inclusion on a simple register). In this regard, he called for the legal introduction of the licensing of construction contractors, possibly similar to the UK Considerate Contractors’ Scheme. He also noted that contractors should be responsible for temporary works, like shoring and propping jobs during demolition and excavation, pointing out the sense of ambiguity which, currently, often seems to exist between the contractor and the architect in terms of who should carry ultimate accountability, Moving forward, he also asserted that, given the complex technical nature of the challenge at hand, the Government should rebalance the ratio of the members sitting on the panel of experts set up to review the laws and oversight systems governing the construction sector, possibly by adding more technical people. “The effectiveness of this panel of experts will depend on how impartial its members are in their scrutiny of the situation and how insulated they are from the influence of powerful stakeholders who may lobby hard to protect their specific interests, which may not align with the common good of the industry and society it serves,” Dr Xuereb affirmed. Furthermore, Dr Xuereb said that many incidents could be prevented if the contractor is obliged to produce a detailed method statement, accompanied by temporary works design and calculations well in advance of commencing construction works. To do this, the contractor should engage a temporary-works structural engineer to design, detail and prepare drawings for all the temporary works.
The architect handling the project, Dr Xuereb noted, would still need to show that the building they are proposing can be constructed in a safe way, but the way it is actually built is ultimately the responsibility of the contractor. The project architect would remain responsible for the permanent works once the building is constructed safely. Moreover, there must be a distinction between complex projects, like multi-storey buildings with basements deeper than one storey, and relatively straightforward projects, he said. For the more complex projects, the architect in charge could be asked to compile a construction-method statement report that would include findings from a geotechnical investigation and a proposed sequence of construction outlining how the works will be carried out safely. Dr Xuereb also underlined the need for a set of building regulations to be consolidated under a law, as proposed by the Cham-
ber of Architects and Civil Engineers. This would mean that no works would commence on site before building regulations approval is obtained, while a building control officer would visit the site regularly to check the main works are being carried out as documented, with the authority to stop works otherwise. Weighing in, David Felice, Executive Director at architectural firm AP Valletta, said last year’s change in legislation, is “not a reform by any means”, and failed in its primary objective of protecting buildings and, more importantly, people’s lives. “For too long, growth has been encouraged despite a corresponding increase in our environmental deficit. This growth is the result of the efforts of a restricted, but powerful, lobby rather than that of the communities we form part of. It is reflective of the lack of an innovative vision and reflective of a short-sighted economic vision,” he lamented. A coordinated legislative framework continues to be ab-
sent, he continued. To this end, a set of building regulations, stemming from a strategy founded on a new environmental agenda and a programme for urban regeneration, grounded in a sustainable approach, is needed, he remarked. He also pointed to the need for the protection of depleting natural resources (like stone) and a better built and natural environment for the benefit of society. “Anything less than the pursuit of excellence – in a sector of such importance to the Maltese social, cultural and economic wellbeing – will lead to failure,” Perit Felice asserted. He argued that a rethink of the building and construction industry – and Malta’s dependence on it – is overdue. Contractors must be regulated and registered, while a relevant set of building regulations and monitoring, as well as enforcement of sound construction practices should be put in place, he said. But he underlined that things can only get better if there is
the will of all stakeholders, particularly those making up the political class and the developers’ lobby. No stakeholder in the industry can avoid responsibility for the current state of affairs but they all need to accept that change is needed, Perit Felice insisted. “The collapse of buildings is merely the pinnacle of the problem we are facing,” he noted, suggesting that a vision and strategy for the quality of the built environment should be drawn up. “One should think less about a ‘construction industry’ and more about re-imagining the place one lives in and re-achieving attractiveness of the environment,” he said. Perit Felice also underlined the need of a “construction platform”, bringing together all public entities and services that govern the industry, to encourage better communication and leading to the much-needed cultural change required to ensure Malta is a beautiful, healthy and safe place to live in.