National Building Council wants further consultation on recent licence regulation changes

The National Building Council (NBC), composed of Chamber of Architects and the Malta Development Association, together with the Association of Masons and Contractors (ABK) have reviewed the two legal notices published at the end of December, and provided its feedback and proposals.

The two legal notices dealt with regulations for masons and contractors. Isabelle Bonnici, the mother of construction victim Jean Paul Sofia, had previously raised concerns over the changes.

"At the onset, we recognise the urgent nature of the amendments which needed to be passed before the end of the year, as otherwise no contractor would be allowed to legally operate causing a major crisis. However, we would like to request that further consultation be held on these regulations to improve them further," the NBC and ABK organisations said.

NBC and ABK said that the section of the regulations regarding the examinations of masons has been tightened and upgraded to include induction courses and rights of revision of paper, which were previously only discretionary.

This, they said, is a positive step forward as it eliminates loopholes and potential legal challenges by aggrieved parties.

"NBC and ABK, however, note that the subcommittee of experts does not provide adequate reassurance about its expertise. Firstly, there is no minimum experience for the licensed mason on the subcommittee, unlike the perit who is required to have a minimum of ten years' experience. It is recommended that a minimum experience of ten years be also introduced for any licensed mason sitting on the subcommittee. Moreover, it is strongly recommended that there are two licensed masons and two periti on this subcommittee to provide it with more rigour and competence."

Amendments to Contractors' Licence Regulations

The NBC and ABK said that the changes introduced in these regulations "need further discussion for the following reasons: 1. The introduction of the sub-contracting for license-holders is welcome, as it brings the industry closer to reforms being introduced in various European countries, where lead contractors are engaged to carry liability and manage the statutory functions and relationships. 2. This sub-contracting feature should be broadened to also include the demolition and excavation contractors, and not only the construction contractors."

The Council also noted the comments in the press and on social media about the purported elimination of the obligation for a licensed mason to be present on site on a full-time basis. "It is pertinent to state that no such changes have been identified in these amendments. Moreover, for such a change to be introduced, an amendment to the Code of Police Laws would need to be passed in Parliament since the legal notice instrument cannot over-rule a law."