Architects, developers and builders on Friday called for further consultation on new regulations for licenced masons, proposing among others that mason experts on the examination committee come with 10 years of experience.
The National Building Council - composed of Kamra tal-Periti and Malta Development Association - together with the Assoċjazzjoni Bennejja u Kuntratturi were reacting to the publication of two legal notices on December 27 dealing with regulations for masons.
Under the new regulations, masons who fail any part of their licensing exam will be allowed to resit the same year.
But for those who fail on their second attempt, all is not lost; under the new rules, they can apply to have their licence application judged by a panel of experts instead.
NBC and ABK said induction courses and rights of revision of paper were previously discretionary. Their introduction, they added, was a positive step forward as it eliminated loopholes and potential legal challenges by aggrieved parties.
However, the two lamented that the subcommittee of experts did not provide adequate reassurance about its expertise.
"There is no minimum experience for the licensed mason on the subcommittee, unlike the architect who is required to have a minimum of 10 years of experience.
"It is recommended that a minimum experience of 10 years be also introduced for any licensed mason sitting on the subcommittee. Moreover, it is strongly recommended that there are two licensed masons and two architects on this subcommittee to provide it with more rigour and competence."
The council and builders association said they acknowledged the urgent nature of the amendments, however, they called for further consultation on the regulations "to improve them further".
This was especially the case when it came to contractors' licence regulations.
The introduction of sub-contracting for license-holders brought the industry closer to reforms introduced in various European countries, where lead contractors were engaged to carry liability and manage the statutory functions and relationships, however, this feature should be broadened to include demolition and excavation contractors, and not only the construction contractors, they noted.
The council meanwhile referred to "comments in the press and on social media" about the requirement for a licensed mason to be present on site.
Times of Malta reported earlier this month that according to the new rules, contractors without a builder’s licence are being allowed to operate so long as they employ a licensed builder instead. However, the legislation has removed the requirement for them to be employed full-time.
According to the explanatory notes that accompanied the new measure when it was published in the government gazette, the rule had been relaxed because “the market is bigger than licensed builders”, with the change designed to give “breathing space” to contractors operating on more than one site.
Among others, Isabelle Bonnici - the mother of construction victim Jean Paul Sofia - has questioned the government’s decision to no longer require builders to be on construction sites full-time.
But the NBC said the amendments did not eliminate the obligation for a licensed mason to be present on site on a full-time basis.
"Moreover, for such a change to be introduced, an amendment to the Code of Police Laws would need to be passed in parliament since the legal notice instrument cannot over-rule a law," it added.