New construction industry regulations proposed by the government put developers' interests before residents and are actually a throwback to a law proposed in 2013, environmental NGO Flimkien Għal Ambjent Aħjar said on Monday.
"Contrary to the impression being given, the revised construction regulations are not new, they date back to the 2013 ‘ Avoidance of Damage to Third Party Property during Construction’ law, and while their reform is long overdue, the present draft does not even begin to address many urgent issues; in some ways it is actually a regression on the earlier law," the NGO said.
The 2013 version of the law imposes the requirement of a geological investigation for every excavation deeper than three meters. However the amendment now states that a geotechnical design report may include a geotechnical investigation, if the architect deems it necessary.
The new regulations stipulate that any major decision taken on a building site should require the presence of both the architect and site manager, however that is undermined by the provision that in the absence of a site manager, his duties pass onto the architect.
"While the new regulations focus on increased supervision of works by the architect, there is less emphasis on the responsibility of contractors and no attempt to finally introduce the licensing of contractors, leaving the field open to people who have jumped on the bandwagon with no training whatsoever," the FAA said.
Likewise, there is no requirement for training of demolition contractors, crane operators, steel workers, concrete pourers, foreman, scaffolding erectors and excavators, a recipe for disaster, given that these people would be unaware of the first signs of danger and press on, oblivious of the risks to themselves and others.
The FAA said it has long been calling for certification of heavy plant and equipment; cranes need to be inspected each time they are assembled on a site, not just when second-hand equipment is imported to Malta.
"Most importantly, the new regulations have not incorporated or increased the Police law re leaving a distance of 76cm when excavating alongside a neighbouring wall. This is the cause of much of the damage to neighbouring properties when developers ignore this law in order to maximise basement space – at the risk of neighbours’ lives."
The legislation, however, made no mention of increased enforcement.
"If there is no commitment to increase resources for enforcement by the Building Regulations Office there will be no change. Increasing insurance coverage to €750,000 is no consolation to residents of damaged blocks as it does not make up for the personal damages and trauma they experience."