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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CIR 04/23 | Declarations for Y-plates (2)

The Council is disappointed to note that despite Transport Malta’s promise to consult with it prior to issuing a new legal notice, LN 246 of 2023 was released without any such consultation.

The planning policies to date make no distinction between the number of vehicles owned or garaged by an individual. The standard condition in most permits for residential garages states:

“Any garages/parking spaces shall only be used for the parking of private cars and shall be kept available at all times for this purpose.”

The definition of garaging facility in the legal notice issued is:

“Any premises which is (sic) off-street and in which the parking or garaging therein of motor vehicles is permitted by the relevant planning authority permit.”

The Council therefore urges members of the profession to ensure that any declaration pursuant to light passenger transport services and vehicle hire services is underpinned by the required development permit for public service garages even if there are 5 or fewer cars being parked within the “garaging facility”.

 

Perit André Pizzuto
President

 

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CIR 03/23 | Declarations for Y-plates

The Council of the Kamra tal-Periti has met with Transport Malta senior management to discuss the requirements for periti declarations relative to garages utilised to store chauffeur-driven cars.

Transport Malta was receptive to the concerns expressed by the Kamra and informed its representatives that it shall be publishing a new legal notice that will be replacing
L.N. 111 of 2023. TM promised to consult the Kamra prior to bringing it into force.

TM also advised that we notify all periti to keep all declarations relative Y-plates on hold pending the new legal notice.

 

Perit André Pizzuto
President

 

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CIR 02/23 | Rural Lease Valuations

The Council of the Kamra tal-Periti has been alerted to a legal notice directing periti to produce fictitious values for agricultural land that have no underpinning in the market.

It appears that the purpose of this exercise is to artificially contain the value of farmland, and direct periti away from reporting a fair market value in line with international and national valuation standards.

In view of the above, the Council is advising periti not to file valuation reports in accordance with such legal notice until further notice as such reports may give rise to potential professional negligence, besides exposing periti to litigation by aggrieved parties due to the apparent unconstitutionality of such subsidiary legislation.

 

Perit André Pizzuto
President

 

 

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CIR 09/22 | Update on Tender for Property Valuations issued by CFR

Further to Directive DIR 08/2022, the Council met with the Commissioner for Revenue, Mr Joseph Caruana, and the Director of Property Tax, Ms Josette Galdes on 12th August 2022. During this meeting the Council outlined its serious misgivings about the tender, particularly relative to the capping of €25 per valuation report and €25 per Court sitting. The Council also pointed out that there is no mention of remuneration for disbursements, such as acquiring planning permits from the PA, and that such remuneration fees would inevitably affect the quality of the valuations being provided.

 

During the meeting the CFR stated that it understood the nature of the Kamra’s objection, and expressed its openness to introducing differential rates, distinguishing between the valuation of garages and hotel resorts, which would have otherwise all been compensated for at the capped rate of €25.

It was agreed that the CFR would consult with the Department of Contracts (DoC) to establish whether the tender as published could be amended. However, the CFR was not willing to withdraw and republish the tender should this not be possible.

 

On 16th August 2022, the CFR informed the Council that the DoC was unable to amend the tender.

 

Given the above, the Council is notifying members of the profession that the only resolution to the matter is allowing the current tender to run its course without any bids, so it may be republished after appropriate consultation is made with the Kamra in accordance with article 4 of Subsidiary Legislation 390.01.

 

Moreover, the Council shall retain Directive DIR 08/2022 in place. Members of the profession are reminded that disciplinary action will be taken against periti who do not abide by the Directive.

 

Perit André Pizzuto
President

 

 

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CIR 07/22 | BCA Clearances

Following the EGM held on Thursday 26th May 2022, the Minister for Public Works and Planning was informed of the approved motion and has agreed to instruct the BCA to suspend the coming into force of the Guidelines it had circulated at the Informative Session last Monday.

Periti are thus required to follow the procedures outlined in the BCA Guidance Note dated 17th March 2022, namely:

  1. To not file anything to the BCA when there are no works;
  2. To submit regulation 4 declarations when works fall outside the scope of S.L. 623.06
    (LN 136 of 2019, as amended); i.e., no third-party structures are affected.
  3. To submit regulation 26 declarations when works are of a minor scale and/or the potential risk of the works is limited to minor, superficial damages;
  4. To submit written requests for regulation 25 waivers signed by the beneficiaries of such waivers when appropriate, namely:
    1. Contractors:
      1. Appointing an STO
      2. Partial or full method statement
    2. Developers:
      1. Condition Reports

 

Perit André Pizzuto
President

 

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CIR 06/22 | BCA guidelines for the processing of applications

Further to the BCA “Informative Session” (sic) held yesterday, the Council of the Kamra tal-Periti hereby notifies members of the profession that contrary to statements made by BCA management, the Council was never consulted about the Guidelines published and circulated on the day, even less so agreed to their contents.

Indeed, the Council disagrees with the processes contained within this new document, which it read for the first time yesterday evening, on several grounds. In particular, the Council notes the fact that the guideline further exacerbates the BCA’s misinterpretation of the provisions of S.L.623.06 (L.N. 136 of 2019, as amended).

The Council shall be elaborating further during the Extraordinary General Meeting to be held on 26th May 2022 at 4pm at the Catholic Institute, Floriana.

 

Perit André Pizzuto
President

 

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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 03/22 | Project Risk Assessment

Further to Section 4 of Circular 01/2022 published on 21st March 2022, the Council is herewith publishing guidance on the preparation of risk assessment reports in support of waiver requests, or to be forwarded to the contractor for the preparation of method statements.

This guidance reorganises the contents of the schedules in Subsidiary Legislation 623.06 (LN 136 of 2019, as amended) such that documentation is drawn up in full compliance with current regulations while ensuring the positions of conflict are avoided.

Once discussions on the overhaul of S.L. 623.06 (LN 136 of 2019, as amended) are concluded and brought into force, it has been agreed with the BCA that the Kamra shall be issuing revised guidance on risk assessment which would not be strictly bound by the aforementioned schedules.

 

 

Guidance on
Project Risk Assessment

 

A comprehensive project risk assessment, drawn up by the perit responsible for the design and specification of engineering works, should include:

 

1. The identification of the risks involved, after taking account of the structural condition of the construction itself and contiguous buildings, including:

 

1.1 Description of the structure system used for floors (e.g reinforced concrete slabs, stone slabs on timber beams, concrete frame, etc).

1.2 Description of the structure system used for transmitting vertical load (e.g. masonry walls, concrete columns, foundations, etc).

1.3 Sketch plan of each contiguous building.

 

 

2. Where additional construction over an existing building or part thereof is to take place:

 

2.1Checks showing that any existing floors are capable of sustaining the additional load being imposed by the new construction these should include:

a) an estimate of existing and proposed loads in every floor, and a declaration that the structural elements of each individual floor are capable of sustaining the additional loads when checked in accordance with established codes of practice;

b) a description of any additional reinforcement work that may be necessary in each floor.

 

2.2 Checks showing that the foundations of the building are capable of sustaining any additional loads placed over the existing storeys. These should include:

 

a) an estimate of the existing and proposed loads at foundation level;

b) information about the nature of the foundations of the building, including type and dimensions, or where this is not available, a statement about the design assumptions in accordance with codes of practice;

c) information on the nature of the ground, supported by the respective ground investigation reports that shall be attached to the works specifications.

 

 

3. Where excavation is to take place:

 

3.1 A description of the loads acting on the ground within the excavation affected zone, including:

a) Clear identification of the structural system of the building, within this zone, describing how load is transmitted to the

b) An estimate of the load reaching foundation level, in kN/m or

c) Identification of the type and dimensions of foundations within this

d) An estimate of the bearing pressure at foundation level in kN/m² in the case of strip footings, pad footings and raft

 

3.2 A description of the excavation affected zone, explained schematically inclusive of a dimensioned plan that includes the following:

a) the limits of excavation;

b) the depth of each part of the excavation;

c) the affected zone of the excavation, shown shaded and dimensioned;

d) the properties and buildings belonging to third parties that fall within the affected zone of the

 

3.3 A description of the ground conditions. This should include the following:

a) identification of ground materials through the geological map of the Maltese Islands;

 

b) (i) information from any ground investigation reports that fall within the immediate surroundings, specifically within the affected zone; OR

(ii) information from other periti who have built or supervised excavation in the immediate surroundings, after having obtained the necessary consent to use this information; OR

(iii) information from a ground investigation that would need to be commissioned for the proposed project. This investigation shall be carried out from within the site that is to be excavated. In the case of excavations not exceeding 2m in depth, such information may be obtained from trial pits, whereas borehole drilling with full recovery shall be required for all other proposed excavation depths. If agreement is reached with the neighbouring third parties within the affected zone, boreholes shall be drilled, inclined, from within the site that is to be excavated, into the ground beneath the neighbouring third party properties.

 

3.4 Identification of the risks involved in carrying out the excavation, taking into account the expected strength of the ground materials, the presence or otherwise of fissures, and the loads within the affected

 

4. Additional Recommendations:

 

Moreover, the perit responsible for the design and specification of engineering works shall also include in the Project Risk Assessment requirements regarding the content of the method statement/s, including:

 

4.1 Any recommendations the perit deems necessary regarding the sequence of works to be undertaken on the basis of the risk assessment.

Provided that in the case of excavation, this should include:

a) where the excavation is to be started from;

b) any phasing required to achieve the required rock buttressing;

c) the levels that should be attained in each stage of the

d) Subject to the provisions of the Civil Code (Cap. 16.), where underpinning is to be undertaken, full details of how the underpinning works are to be executed, supported by scaled plans, sections and detailed drawings. A description of how the underpinning works are to be phased in relation to other excavation work needs to be

 

4.2 Any project-specific measures the perit deems necessary to safeguard the stability of the works being undertaken, the stability of contiguous structures or terrain as the case may be;

 

4.3 The precautions and safeguards to be adopted, including:

a) against instability of the structure;

b) for parts thereof being demolished or altered;

c) for any contiguous structures;

d) any monitoring readings that are required to be undertaken during demolition and excavation, describing where, how and what is to be measured and what results are to be tolerated prior to taking ulterior

 

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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