Guardamangia collapse: Architects condemn poor construction regulations

The Chamber of Architects has called for the government to update regulations surrounding construction, in reaction to the collapse of an apartment block in Guardamanga on Thursday, and other prior incidents.

In a statement on Thursday, the group said it felt “compelled” to point out “the grave inadequacies” of building and construction regulations.

“The Kamra tal-Periti has been exhorting Government to regulate the industry for many years, both through widely reported press statements and at various meetings held with successive ministers and parliamentary secretaries responsible for the industry,” the architects said.  

The Chamber warned that the rate of construction accidents in Malta “whether resulting in damage to neighbouring properties, injury or even death is unacceptable.”

They stressed that the changing complexity of today’s buildings, combined with the “current frenzy of the industry to return around projects as quickly as possible” requires an immediate and “major overhaul” of the country’s building and construction regulatory processes.

Responsibilities laid out in law 'excessively fragmented'

“The current legislation in Malta is characterised by excessive fragmentation of responsibilities,” the Chamber highlighted.

The architects went on to cite article 1638 of the Civil Code to back up their argument: “If a building or other considerable stone work erected under a building contract, shall, in the course of 15 years from the day on which the construction of the same was completed, wholly or in part, or be in manifest danger of falling to ruin, owing to a defect in the construction, or even owing to some defect in the ground, the architect and the contractor shall be responsible therefore.”

The Chamber pointed out that the law did not establish clear lines of responsibility, which are generally decided on by the courts when such incidents occur, depending on the particular circumstance of each case.   

“Moreover, whereas architects carry a professional warrant and are subject to a Code of Professional Conduct, contractors are not regulated at all. This is especially worrying when it comes to demolition and excavation contractors. The absence of a registration system means that anyone with demolition or excavation plant can carry out such works, without any basic training, technical knowledge, or insurance cover.”

The group noted that the legal notice on Avoidance of Damage to Third Party Property Regulations places the responsibility of enforcing the implementation of a works method statement - drawn up by an architect outlining the method of construction - on a site manager purposely appointed by the developer, and on the contractor executing the works.

“Regulation 10 states professional responsibility for the method statement remains with the perit who prepares it, while ultimate responsibility for adhering to the method statement rests with the site manager and the contractor.”

The Chamber said that the regulations do not establish minimum basic training or competences for site managers, or even an essential requirement of literacy. The regulations “even allow the developer to take on the role of the site manager, in what is a blatant conflict of interest sanctioned by the law,” it emphasised.

The group warned that when “key players” within the industry are not required to have “basic competence and are wholly unregulated” the public is exposed to “unacceptably high and unnecessary risk.” 

The Chamber has in the past called for an overhaul of the regulatory framework, that was “finally heeded” by the government last October when a White Paper was launched to set up a new Building and Construction Authority.

“Just two weeks ago, the Chamber held talks with Government on its detailed proposals for the regulation of the industry to bring it in line with other European countries. The Chamber will be making its proposals public in the coming days.”

The Chamber added that it would not be commenting on either the Gwardamanga or Swieqi incidents until investigations have been concluded, so not to prejudice any potential proceedings.