Updated 11.15am with MDA statement below -
Financial assistance for fines incurred over delays, salary compensation for idle workers and lower interest rates on bank loans are the conditions laid out by contractors in return for restricting works in residential areas during the COVID-19 outbreak.
Under these proposals, the permitted hours for excavation and demolition works – the major source of complaints from neighbours living close to construction sites – would be reduced.
Malta Developers' Association director general Marthese Portelli outlined the MDA’s position when asked by Times of Malta if there had been any progress on the joint proposal made a week earlier by five local councils.
The St Julian’s, Sliema, San Ġwann, Swieqi and Gżira councils had called for construction and excavation works to be restricted to between 8.30am and 1pm to reduce noise disturbance and dust dispersion for people who have to stay indoors.
A group of environmental NGOs had called for a complete suspension of all forms of excavation work in residential areas.
The prime minister has gone on record saying that if the construction industry comes to a standstill, the economic repercussions would be disastrous for the country.
The MDA director general confirmed it had made “tangible” proposals on how to ease works in residential areas but pointed out that restricting timeframes would have far-reaching repercussions.
“Apart from having idle employees one must also take into consideration the hefty daily penalties that contractors would incur if they do not finish the job by the deadline agreed with the client,” Portelli said.
She said talks about the issue were under way.
“We do not live in a bubble. We are conscious of the inconvenience caused in these sensitive times and want to show solidarity with the public while safeguarding the 16,000 employees working in the industry who cannot work from home.
“However, we don’t make laws. We can just propose,” she said.
The MDA says any agreement must be in the form of a legal notice. This would ensure a level playing field as not all contractors are members of the association.
“Enforcement should be real and rules should be adhered to strictly by all MDA members and those who are not,” Portelli insisted.
To facilitate enforcement, the MDA is proposing that certain responsibilities be delegated to local councils and community officers, as the police are already under strain while the Building Regulation Office and the Building and Construction Agency are understaffed.
Public projects, such as those funded by the EU which are subject to stringent timeframes, should be evaluated separately, Portelli added.
Asked about industrial areas, Portelli said that restricting works in residential areas would already be a very positive step forward.
MDA: No discrimination against construction workers
In a statement on Tuesday, the MDA further explained its position.
It said it had already instructed its members, on its own initiative, to reduce as much as possible the unavoidable inconvenience caused by construction projects in residential areas. MDA members were directed to start excavation and demolition works after 8am. It also urged developers and contractors to avoid noisy works during sensitive hours of the day. It said it was satisfied that most of its members have already taken such measures, including some who have suspending works completely.
The association said it was totally against any abuse and called upon the authorities to continue ensuring proper enforcement of regulations.
"The MDA has made tangible proposals so that, on a temporary basis, developers and contractors can agree to reduce further excavation and demolition works. Since this will entail a reduction in working hours, the MDA is insisting with the authorities that, if such temporary measures in favour of the public are introduced, the employees involved should be treated exactly like other categories of workers who are being helped by state funds. The MDA insists that no discrimination should be allowed among workers affected by the COVID-19. The MDA appreciates their efforts to continue working is such conditions," it added.
Construction industry workers should be treated the same as all other workers and their families, it insisted.
Ombudsman explains the law
In a statement, the Office of the Ombudsman said the law instructs contractors not to use a mechanical excavator with a hydraulic hammer attachment or a pneumatic drill before 8am, between 2pm and 4pm or after 8pm and all day on Sundays and public holidays.
Exemptions are allowed, and further restrictions can be imposed 'at the discretion of the Building Construction Agency.' No other construction works shall be carried out before 7am, or after 8pm or on Sundays and public holidays.
These restrictions follow legal notices that were issued a number of years ago.