A planned reform aims to merge the regulatory functions of various entities into one authority responsible for building regulations. Photo: Chris Sant FournierA planned reform aims to merge the regulatory functions of various entities into one authority responsible for building regulations. Photo: Chris Sant Fournier

A new regulator will oversee the construction industry amalgamating several existing bodies into one, the Times of Malta has learnt.

Government sources on Monday said a public consultation on the new body would begin shortly, with the actual regulator expected to be up and running in the next few months. 

The new body is expected to consolidate many of the functions of the Building Regulations Board, the Building Industry Consultative Council and the Masons Board. It will also act as a one-stop shop for an industry that is “grossly under-regulated”. 

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“The situation we have today just isn’t working. Many know that the scattered approach hasn’t been working for several years and it can’t be allowed to carry on like this,” sources working on the planned reform said. 

The dangers posed by unscrupulous developers and the lack of coherent enforcement was cast in the national spotlight this year following a series of incidents at construction sites.

In September, the Times of Malta reported on a number of roofs that caved in after cranes dropped loads of bricks on neighbouring buildings during construction works.

But how necessary is a new regulator and just how fragmented are the laws governing the construction industry? An overview of the existing regulatory framework reveals a vastly scattered legal landscape.

READ: The dark side of Malta's construction boom

This scattered approach hasn’t worked for years

Sanitary regulations are governed by the Planning Authority and the Department of Health separately;  guidelines for fire safety are the domain of the Civil Protection Department; elevators are governed by the Competition and Consumer Affairs Authority; electricity installation regulations are controlled by the Regulator for Energy and Water Services;  accessibility issues are managed by the National Commission for Persons with Disability; and building demolition, third party rights and energy performance regulations are administered by the Building Regulations Office.

The reform is also expected to touch on construction safety matters, currently the domain of the OHSA; and the recognition of building skills , which the BICC administers.

“Because of this scattered approach, we have a situation where there is a general lack of awareness of building regulations and as a result abuse – intentional or otherwise,” the sources said.

Regulations often fail to distinguish between buildings used for different functions, be it residential, commercial or industrial – another matter the reform will seek to address.

A spokeswoman for Transport Minister Ian Borg, who will be overseeing the reform, told the Times of Malta that apart from regulating the construction of new buildings, the government also wanted to ensure that buildings remained compliant throughout their lifetime. For this, on-site inspections of the existing building stock was necessary.

The reform’s aim, the spokeswoman said, was twofold: to avoid overlap of responsibilities and to merge the regulatory functions of various entities into one authority responsible for building regulations.

“At present, we are meeting stakeholders and understanding the functions of each entity with respect to building regulations,” she said.

“Over the coming months, we shall be drafting necessary legislation to establish the authority.”

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