The Building Regulation Act was not intended to punish those working in the construction industry but to enable it to develop and providing a framework for the industry to be able to face today's reality.
Winding up the debate in Parliament yesterday, Resources Minister George Pullicino said good practices in other countries and foreign systems were to be considered. However, he warned against the transposition of these systems into Malta's framework without considering how these systems would address the needs of the Maltese building industry.
Few changes had been made over the years to the Code of Police Laws, which was the main piece of legislation that incorporated building regulations. The reason was because of the cumbersome procedure that any amendment would need to follow. The proposed Bill would therefore be an enabling law giving the minister the power to regulate further through legal notices.
Minister Pullicino assured members of the House who expressed concern on the duplication of roles and responsibilities, saying the drafters were careful and ensured that those structures already in place were strengthened and reinforced through the Bill.
The Bill would not regulate all types of construction but addressed only building development, thereby excluding infrastructural works.
Mr Pullicino indicated that further categorisation of developments would be added at later stages even after discussions with stakeholders. He referred to questions raised by Charles Buhagiar (PL) and indicated that the Bill addressed only technical standards in respect of design and construction.
The proposed system would benefit both the workers in the industry and also those who wished to engage such workers. Certification would help workers sell their services better and consumers would be provided with accessible information as to the capabilities of the persons being instructed by them to carry out works.
Changes in sanitary laws were required and amendments would follow once the Bill became law. However, Mr Pullicino indicated that the issue of third party rights would be addressed first after enactment.
He belied reports that the proposed system would impose further expenses saying that a responsible person already engaged an architect to review plans and provide a condition report for their property when development was planned adjacent to their property. The Bill, he said, would provide such architect more information as to how the development would be implemented thereby putting the architect in a better position to advise clients on how such development would affect their property.
He also reminded the House of those who in the last days were certified as energy performance assessors for residential property, indicating that while these assessors have finalised their training and were now available to provide services, other persons would be trained to provide certification on commercial property.
Minister Pullicino replied to criticism raised on the indication of fines in the Bill saying that, while the Bill indicated a maximum amount and not a minimum amount, further legislation would be more specific on the penalties that would be imposed as sanctions. These penalties, he said, would be proportionate to the infringement they addressed.
He also addressed the issue of environmental regulations, saying that he agreed with Philip Mifsud (PN) that progress had been made. However, more was required.
Minister Pullicino said the industry required technical standards that addressed disturbances caused by equipment and systems used in today's building developments. The Bill would be scrutinised in detail at committee stage so that further tools emanating from this law would reach its aims.
Nationalist MPs Joseph Falzon and Philip Mifsud also contributed to the debate.
The Bill was unanimously approved.