A former top construction sector regulator has said that the Building and Construction Authority’s remit also extended to free-standing buildings like the Corradino furniture factory that collapsed last December, killing Jean Paul Sofia.

Michael Ferry’s testimony, given at a public inquiry into the December 2022 collapse, stands in sharp contrast to claims made by BCA officials that the authority had no oversight of the site, as works did not impact any third parties.

Ferry led the BCA’s predecessor, the Buildings Regulation Office, and then served as chief officer Building Code, Policy and EU Affairs at the BCA when it was established two years ago.

“Why is BCA’s remit limited? Why isn’t it responsible for free-standing properties?” asked inquiry chairperson Joseph Zammit McKeon, referring to testimony given by BCA in previous sessions. 

“It is responsible for free-standing property,” Ferry replied unequivocally. 

Legal Notice 340 of 2022 which dealt with Construction Management Site Regulations, stated clearly that the “scope of these regulations is to limit environmental degradation through appropriate construction management practices that cause the least nuisance to neighbours, to minimise the risk of injury to the public, to protect the property belonging to the government and the local councils and as much as possible to reduce the harm to the environment,” read Ferry, citing the exact words of the law. 

“But does the BCA cover the site where that youth was buried? Was the authority responsible or not?” persisted Zammit McKeon.

“Free-standing [buildings], yes….All previous regulations were saved by the new law,” replied Ferry.

By contrast, BCA CEO Jesmond Muscat had emphatically replied, “never. Never” when faced with the same question by the board. 

Muscat’s negative reply had echoed responses given by Muscat’s predecessor, Karl Azzopardi, as well as the regulator’s former chairperson, Maria Schembri Grima, who had also testified at the inquiry. 

All three had insisted that the BCA was only involved when third parties were impacted by construction works. Ferry argued otherwise. 

“So you are saying that the site where the building collapsed fell under the control and supervision of the BCA,” said the chairperson. “Just to make sure that I am understanding you well.” 

“Construction site management falls under the responsibility of the BCA,” replied the witness, once again citing the legal text upon which he based his conclusion. 

Ferry gave the board a detailed overview of legislative developments within the sector starting from 1991, when Malta first started planning for EU membership, to 10 years later when Malta created the Building Regulations Act.

He said he had drafted Legal Notice 136 of 2019 after a series of construction collapses and that the government had entrusted him with the task of checking the existing legislation for inconsistencies, carrying out that exercise with a lawyer. 

When he transitioned to the BCA, he worked on drafting building codes: something that was required by the EU. Ferry left his post at BCA in mid-September and is currently tasked with “a particular project,” he told the board. 

He said the “cream of the crop” at university had worked on drafting building codes. 

“But is it enforceable?….The problem is how to enforce in this country,” promptly interrupted Zammit McKeon. 

Some difficulties were likely to crop up, especially with professionals, but “yes, it can be enforced,” replied Ferry. 

“When will these codes be put into effect?”intervened board member and Auditor General Charles Deguara. 

“I want to see structures not simply writings. Otherwise we’ll live another fairy tale,” remarked Zammit McKeon. 

“Is there the political will [to enforce]” wondered inquiry board member Mario Cassar.

“Don’t put that question to me. But as far as I know, there was [the political will],” replied the witness. 

And as Ferry’s testimony drew to an end, the board once again touched upon the subject of free-standing buildings.

“Both the BCA’s CEO and former chairperson stated, in the most clear manner, that the authority had absolutely nothing to do with the project. It washed its hands completely of the project,” observed Cassar. 

“Construction site management must be monitored by the BCA,” Ferry unequivocally replied. 

“There you have it the fifth time!” remarked Zammit McKeon, addressing his fellow members on the board.