Updated 2.28pm with explanation by the Building and Construction Authority
Builders can now obtain a licence without passing an exam while those with a licence that expired at the end of last month have seen them extended, according to recent legal changes quietly published during the Christmas break.
The government published two legal notices on December 27 dealing with regulations for masons, commonly known as builders.
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.
The legal changes came one month after Times of Malta revealed that seven out of every 10 builders who sat for a revamped theory exam to obtain their licence had failed the test.
The poor pass rate came despite an eight-hour refresher course organised by the BCA and other industry organisations.
The assessment panel will be chosen by the Masons Licensing Committee – appointed by the construction reform minister and the Building and Construction Authority (BCA) board – and should include at least one licensed builder and one licensed structural engineer with 10 years’ experience.
The regulations also extended licences that were set to expire at the end of last year until the end of June.
Masons need a professional licence to work in the construction industry. As of 2023, they also need to follow that with a contractors’ licence, which was introduced in the wake of the Jean Paul Sofia public inquiry conclusions.
Sofia was killed in December 2022 in a construction site collapse at the Corradino Industrial Estate.
Meanwhile, a separate piece of legislation allows contractors without a builder’s licence to operate so long as they employ a licensed builder instead – while removing the requirement for them to be employed full-time.
Explaining the latter measure, the government said 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.
The new regulations also more clearly define how builders will be assessed for a licence, with 20% of the examination based on attendance of an induction or accredited course, 40% by written or oral assessment and 40% by practical exam, among other changes.
Any part of the assessment – whether theory or practical – is eligible for a resit.
Most of the applicants who sat for the November exam had been working for another mason for as long as 40 years and had applied for a licence of their own.
The theory exam, which mainly includes multiple-choice and yes/no questions about health and safety, construction law, geometry, concrete technology and other aspects of the building trade, was revamped in August and transferred under the wing of the BCA.
In November, the association representing masons, Assoċjazzjoni Bennejja u Kuntratturi, had written to the BCA with several recommendations to improve the examination process for those applying for their licence.
The recommendations included providing resit opportunities, standardising examination procedures and clarifying exam questions, among others.
Last month, the BCA said it was in talks with MCAST to develop a course to address the low pass rate in the theory portion of the masons’ licensing exam.
The building industry has increasingly come under the spotlight in recent years, following a spate of construction collapses and workplace deaths.
In April, a worker died and another was rushed to hospital after the Sliema roof they were working on collapsed. The incident occurred a month after the roof of a house in Birkirkara collapsed after a boundary wall on an adjacent construction site collapsed onto it.
The former accident took place the same month National Statistics Office figures revealed that over half of workplace deaths in two years were in the construction industry.
BCA denies lenient approach, says changes enhance competence and safety
In a reaction, the BCA said that while the Times of Malta headline suggested a lenient approach to licensing that undermined standards, the reality was that these changes were aimed at enhancing the competence and safety of the construction industry.
"The new regulations do not eliminate the requirement for builders to demonstrate their knowledge and skills. Instead, they provide a structured pathway for those who may struggle with the exam process. The option to resit the exam or have an application assessed by a panel of experts is not a sign of laxity; it acknowledges the diverse experiences and challenges faced by individuals in the industry. Many applicants have decades of practical experience but may find the theoretical exam format challenging," the authority said.
It explained that the new regulations included a more comprehensive assessment framework, where 20% of the evaluation is based on attendance at accredited courses and 40% on both written and practical assessments. This balanced approach aimed to ensure that builders were not only knowledgeable but also capable of applying their skills in real-world situations.
"Moreover, the extension of licences for builders whose licences expired at the end of last month is a practical decision designed to ensure continuity in the industry, especially given the ongoing challenges posed by current market conditions. Any decision taken is not about lowering standards but rather about maintaining a stable workforce in an industry that is crucial to our economy."
The BCA said the new regulations are part of a broader effort to improve safety and accountability in the industry.
"The government and the Building and Construction Authority (BCA) are committed to working with industry stakeholders to enhance training, improve examination processes, and ultimately ensure that all builders are equipped to uphold safety and quality standards."
The authority said it was misleading to suggest that the new regulations represented a failure to uphold standards in the construction industry. Instead, they reflected a proactive approach to fostering a skilled and competent workforce, ensuring that builders could meet the demands of a rapidly evolving industry while prioritising safety and quality.