The Federation of Building Contractors (FOBC) is up in arms against the published amendments to the Building Regulations Act that are expected to be presented to parliament in October.
Speaking to Business Today, FOBC President Angelo Xuereb said that the new laws will definitely put small contractors out of business due to the impracticability of such regulations.
“As FOBC we are all in favour of regulations and the right of neighbours to building sites in order to have their interests protected, but the published amendments to the regulations are not only impracticable, but most of all will put many out of business and will surely put the industry to a halt,” Angelo Xuereb said.
Once up and running, the Buildings Regulations Office will not be vetting “method statements” submitted by contractors carrying out work in urban areas. It will only be reviewing a sample of the statements outlining the method of work.
Instead, it will be up to residents to review these statements and object if they believe the way work is carried out does not provide enough safeguards for their property.
In most cases, this will mean the owners of properties adjacent to the development will have to pay an architect to review these method statements.
Angelo Xuereb insisted that reviewing each and every permit would pose a problem of resources and will definitely grind developments to a halt.
He said that the FOBC has been consulting with government for months over these regulations and has given plenty of advice. “Unfortunately, whatever we say falls on deaf ears and government will soon have to face the music, because most of what it has announced does not make sense.”
The regulations will legally oblige developers to take out an insurance policy and deposit a bank guarantee of up to €40,000 to make good for any damage not covered by insurance, such as fissures or dislodged tiles in an adjoining property - the major complaints by neighbours, an issue which FOBC insists will definitely put people out of business as policy premiums are set to be valued on the total cost of the finished structure.
Developers would have to appoint a site manager or be deemed responsible for any damages.
Moreover, mandatory arbitration will be introduced to relieve pressure from the courts and make it easier for injured parties to make claims, although they will still be able to take matters to court.
Under the Cabinet-approved regulations, contractors will have to be registered and classified according to what jobs they are equipped to carry out.
The regulations are expected to be enhanced through the Malta Standards Authority and the Malta Transport Authority to ensure further enforcement when it came to cranes. Other regulations relate to time constraints for the operation of mechanical excavators and measures to reduce vibrations from adjoining buildings.
