White Paper aims to provide widespread reform, ‘paradigm shift’ in construction industry
The government yesterday launched a White Paper seeking to establish the Malta Construction and Building Authority (MCBA), which will consolidate existing entities and regulations, and provide reforms intended to “bring a much-desired paradigm shift” to the industry.
Speaking at an event held in Valletta, Infrastructure Minister Ian Borg stressed the need for its creation in order to effectively address a number of issues in an industry which is growing “in importance and relevance to economic prosperity.”
In fact, as of December 2017, the construction industry generated €356 million or 3.2 per cent of GDP, employing 5.1 per cent of the population.
The document highlights a number of challenges that need to be addressed, including a lack of enforcement on construction sites and at the post-developmental stage, and a lack of skills and development of new techniques.
Legislation no longer compatible with modern development, the categorisation of different trades and skills in the industry, and the consolidation of regulations have also been highlighted as issues.
24-hour helpline to be introduced in drive to increase enforcement
In the field of compliance and enforcement, which has often been an issue in Malta, the regulator will have at its disposal monitoring and enforcement units charged with investigating
breaches of provisions of the unified act. Such units will also be able to deliver administrative fines or refer to the police for further action where necessary.
It will also have the ability to grant exceptional conditions on works carried out, or remove such conditions as it may deem fit.
Enforcement shall include both announced and unannounced on-site inspections. The unit will also be responsive to reports launched by the public by having a dedicated 24/7 helpline to deal with such issues.
“It is in the interest of everyone involved in the industry to stop the few who abuse of a system which benefits the community,” Minister Borg said.
MCBA will merge practices, regulations and entities
Carlo Mifsud (above) has been tasked with drawing up an operational plan which will merge various practices, standards, procedures, regulations, and law currently in force, giving particular attention to the Building Regulations Act; parts of the Police Code; parts of Civil Code; the Development Planning Act; the Avoidance to Damage of Third Property Regulations; Environmental Management Construction Site Regulations; Energy Performance of Buildings Regulations; and the Occupational Health and Safety Authority’s Code of Practice for the Construction Industry.
The Building Industry Consultative Council (BICC), the Building Regulation Office (BRO), the Building Regulation Board (BRB), and the Masons Board will also all be integrated into the agency.
The MCBA is also geared to take over the role of planning currently carried out by the Civil Protection Department, the Commission for the Rights of Persons with Disability, the Department of Environmental Health, and Occupational Health and Safety Authority.
The streamlining of these services and operations, Mifsud explained, would create one point of reference and ensure a holistic approach.
“The authority needs to go in detail to regulate and create long-term high standards in the industry,” Mifsud said.
The MCBA aims to act as an advisor to the government on policies, while also servicing the construction industry. It will also provide training to enhance skills in the industry, becoming a national focal point for the sector, both in terms of operations and research.
It will also devise quality assurance frameworks and raise industry-related standards, and provide a regulatory framework to provide accountability through an independent and transparent disciplinary process.
The regulators will also be tasked with determining various building parameters currently within the remit of different entities.
A department responsible for the development of skills which is responsive to modern industrial and technological improvements will also be established.
‘Potential to make significant contribution towards better quality built environment’ - Il-Kamra tal-Periti
Il-Kamra tal-Periti (Chamber of Architects) has welcomed the White Paper, saying that the consolidation of the various fragmented pieces of legislation, bodies and departments regulating the industry under one legislative and administrative umbrella is a positive development towards ensuring higher standards in the building and construction 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 bought or rented out.
“The authority, if backed by all the necessary human, financial and technological resources, has the potential to make a significant contribution towards a better quality in our built environment.”
Il-Kamra tal-Periti said will be shortly publishing a policy framework document on the subject, which it has been working on for the past few months, to provide an analysis of the current situation, together with a framework for proposed reforms.
It trusts that such a document will enable the government to attain the goals it has set in the White Paper, “for the sake of the industry and its clients.”
To provide comments, suggestions, or feedback on the White Paper either send an email to cba.mtip@gov.mt or log on to https://mtip.gov.mt/en/Pages/Public Consultations/Publicconsultations.aspx