All Sofia inquiry recommendations being studied, implemented, says BCA CEO

The Building and Construction Authority (BCA) is looking at and conducting a study on all of the recommendations of the Jean Paul Sofia inquiry, the BCA CEO architect Roderick Bonnici told The Malta Independent on Sunday.Bonnici was replying to a que

By: independent.com.mt

Nov 17 2024
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All Sofia inquiry recommendati

Bonnici was replying to a question regarding the conclusions of the Sofia inquiry and whether he believes that what has been done so far on the part of BCA adequately addresses the points raised by the inquiry.

He said that it is the opinion of the BCA that there are a number of recommendations that can be done and implemented in a different but more sustainable way than what is currently laid out, commenting that the recommendation is preliminary, "so we are seeing what the phases after would be".

Bonnici continued that the study is being conducted by professionals so that the recommendations that are ultimately implemented are done in an effective manner. "The recommendations of the Sofia inquiry are being studied, and some have already been implemented, so that the sector can function more efficiently and sustainably," he stated.

He stated that the BCA was already addressing all the issues it had identified as needing resolution, both prior to and following the inquiry's recommendations.

Bonnici said that one of the recommendations was related to local enforcement, which includes the Occupational Health and Safety Authority (OHSA) and the BCA. He continued that the BCA made an agreement with the OHSA which means that daily joint inspections are being conducted in an effort to more effectively combine resources and enforce regulations.

Continuing on this point, he said that there may also be occasions in which other entities, such as Jobsplus or the Police Force, may need to participate in an inspection alongside the BCA, and so it is doing whatever it can with the help of other authorities to more efficiently work together and make the processes smoother.

Earlier this year, the BCA introduced a new service which gives third parties affected by construction access to lawyers and architects through the 138 helpline. At the time of announcing the service, Construction Sector Reform and Justice Minister Jonathan Attard had said that the service is intended to assist citizens in understanding the implications of development in their vicinity and to be in a better position to see to their interests.

Bonnici was asked if this measure was spurred by cases such as that of Miriam Pace, who died in 2020 at the age of 54 when her home collapsed as a result of construction work next door. Furthermore, the BCA CEO was also asked if he believes that third parties are now sufficiently protected when it comes to construction.

He responded that the procedure for the lawyers and architects' services was introduced following the Sofia recommendations and that Prime Minister Robert Abela had made a proposal so that third parties would be more protected and there would be an available service offered by professionals.

He continued that the BCA was already implementing the same system internally and always aimed for a conclusion that was good for both sides, that being the developer "and even more so for the third party". With that said, he continued that after the BCA saw the demand for this service, including the proposal by the government, an expression of interest was made which saw applications come in from a number of lawyers and architects, of which there are now 10 of each working with the BCA.

Bonnici commented that the number of available professionals through helpline 138 will eventually increase due to the demand for the service. He said that there are around eight calls or requests a day on average for the service. He added that some issues brought up through the service can be handled by the BCA's workers as the questions can be general, however, certain situations may necessitate a lawyer or architect visiting the site or arranging a meeting with the caller to assess the issue and provide appropriate feedback.

Asked about what sort of requests are generally made through the 138 helpline, Bonnici said that normally they are about damages to third parties during construction work, as well as requests about damage or condition reports and method statements, which he explained determine how the work will be done and what mechanisms or equipment will be used.

"Regarding the Miriam Pace accident, as well as other recent ones such as that of Jean Paul Sofia, as the BCA we were already implementing certain measures we thought were necessary before there was an inquiry and recommendations," he stated. He continued that the sector is always developing, so one cannot say that they are done changing things as one needs to move along with the developing sector and be proactive. He added that the BCA is actively working to address any shortcomings identified during accidents to prevent or minimise future incidents as much as possible.

Bonnici was asked for his thoughts regarding concerns about the structural integrity of newer buildings due to the collapse of certain buildings or sites. He was asked if he could ascertain that newer buildings are as structurally sound as older ones.

He pointed out that there are different eras of buildings throughout Malta, with buildings from the age of the cavaliers, to buildings from the time of the world wars, to more recent buildings and newly-constructed buildings.

The BCA CEO continued that what can be said for sure is that every building being constructed needs to align with the European codes as well as local procedures and guidelines that each warranted architect needs to follow. With this in mind, he commented that it cannot be said that newly-constructed buildings are bad or worse than those before them. He added that it is the responsibility of both the BCA and the other professionals to see what is around the site and determine what measures can be taken so that there is no danger to the workers or those living in the nearby properties.

Moving on to a different topic, The Malta Independent on Sunday brought up the matter of overdevelopment in Malta, and asked if there is any concern on the part of the BCA about how construction may affect other general infrastructure in the country.

Bonnici said that when it comes to services like water or electricity, there are the relevant entities that handle that such as Enemalta and the Water Services Corporation. He added that regular meetings are conducted by the BCA to look at how the country is developing and ensure that construction works cause the least possible inconvenience in the area.

He continued that meetings are conducted with different associations, including contractors, the Malta Development Association, the Chamber of Architects, the general public and local councils. He commented that this is done in order to have the whole picture. "When we see that there will be some development that will cause inconvenience or a problem, we conduct a meeting with the local council, the applicant, the contractor and the other necessary authorities, so that before the work begins, everything that could happen is discussed so that it is tackled immediately."

The BCA CEO said that the authority is planning to introduce a classification system for masons according to the work that they do and the experience on-site that they have. In addition to this, he continued, there will be the classification of contractors and contractors' licences, eventually including the implementation of a skills card for people who operate as masons, electricians and tilers.

He stated that, as per the current timeline, individuals involved in excavation or construction will be required to obtain a license for such activities starting 1 January and that the target for the skills card is that it is in place for everyone by the end of 2026. Concerning the skills card, he said that the process will be split up into phases up to its full implementation.

IN BOX

The Sofia inquiry was a public investigation into the tragic death of Jean Paul Sofia, a 20-year-old who lost his life in December 2022 when a building under construction in Corradino collapsed.

The 484-page report of the inquiry was published in February of this year, with the inquiry describing the situation that led to Sofia's death as a "slap in the face" of good governance.

Recommendations of the inquiry, relevant to the BCA in particular, include that there should be a classification system for contractors, ensure the suspension of works if there are damages to third parties, make skill cards mandatory for construction workers and review licensing criteria for builders, among others.

When speaking about the recommendations of the inquiry shortly after the report was published, Prime Minister Robert Abela said that the main principle of each recommendation is the need for the sector to operate on the higher standards expected today. He stated that he agreed with the inquiry's recommendations for a "total and radical change" to enforcement.

Some recommendations have already been implemented whether by the BCA or other entities mentioned in the report. Certain recommendations are currently in the pipeline for the BCA to implement, while others are being studied and reviewed.