Stivala's ST Group ordered to fix damage to resident left with a hole in wall

Updated 7.07pm with KTP statement 

Stivala’s company ST Group has been ordered to repair damage caused to a Sliema apartment, the construction regulator said on Friday.

The Building and Construction Authority said Stivala will be prevented from continuing works at the Sliema site until all damage caused to third parties has been fixed.

ST Group will also be fined an undisclosed amount, the BCA and Occupational Health and Safety Authority said in a joint statement. The company is owned by Michael Stivala –  – who also leads the Malta Development Association as its president – and two of his brothers.

The firm has been ordered to hand over documentation about pending works at the site, the regulator added.

Inspectors from both the BCA and OHSA visited the site on Friday morning and met with the developer, the two entities said.

Times of Malta revealed on Thursday how workers at the Stivala site on The Strand dug straight into a neighbouring apartment. The apartment’s owner, 77-year-old Joe Farrugia, said he and other residents had filed reports about the neighbouring works “every other day”, to no avail.

Stivala’s ST Group is developing a 14-storey hotel at the site. His brother Martin is listed as the project manager.

The company has so far denied any responsibility for the damages caused to Farrugia’s apartment. An ST Group spokesperson instead insisted that part of Farrugia’s apartment was partially illegal as it encroached on their land and that his architect had “admitted they were at fault”.

The company’s reaction prompted a furious reaction from Isabelle Bonnici, whose son Jean Paul Sofia was buried alive in a construction site collapse. An inquiry into Sofia’s death led to pledges to totally reform construction sector practices.

“How can we really believe that you want a reform that will ensure safe construction sites and protect workers when this is the state of your construction site?” Bonnici asked of Stivala.

"He’s sharing his expertise on something that he is not able to do for himself,” Bonnici said.

In its statement on Friday, the BCA an OHSA said they would be keeping third parties informed of any developments and pledging to provide assistance where necessary.

They also urged people facing similar problems to call helpline 138.

ST Group: We take safety very seriously

In a statement, ST Group said it had held various meetings with owners of the neighbouring property in the past "after they built part of their building illegally, encroaching on our property."

"We held various meetings with the architect representing them.  In the said meetings, both the architect and contractor of the adjacent property admitted they were at fault.

"We refute that any damage was inflicted by our works that started after the other property was completed. 

"Furthermore, regarding the management of the construction site at Triq Ix-Xatt, we take safety very seriously, and all work is carried out in compliance with local regulations.  Feel free to check with the authorities that inspect the site regularly.

"As a member of the MDA, Mr Stivala fully understands the importance of setting an example in terms of safety and best practices. We continuously work to ensure that our projects uphold these standards, and I am always open to feedback that helps us improve. I believe it's crucial to maintain open communication with the relevant bodies to ensure our sites meet the required safety norms."

'No BCA or OHSA action until media called in'

In a statement later on Friday, the Sliema Residents' Association said they were being ignored by the police and local council, with the BCA and OHSA paying no attention "until the media were called in, leaving residents to cope with abusive developers alone."

The group said "ongoing construction violations" by Stivala raised "serious questions" about authorities' commitment to enforcement.

"Given Michael Stivala’s role as President of the Malta Developers’ Association, it is not possible that he is ignorant of regulations. On the contrary, these violations indicate deliberate defiance and a troubling pattern of negligence," the association said. 

It said calls to authorities had gone unanswered, as Sliema residents had watched "workers walking at the edge of Stivala’s crumbling ST Hotel without safety equipment during demolition". 

The association said "poorly trained" BCA staff confirmed authorities were "set up as a screen to hide a total lack of governance that allows abuse to thrive."

It added that minimal fines were "inconsequential, reducing the enforcement system to a sham."

KTP opens investigation

Later on Friday, the council of the Chamber of Architects and Civil Engineers - the Kamra tal-Periti (KTP) - said it had opened an investigation into the Sliema construction site and another in Bulubel. 

"This is standard procedure for the Council, which has decided to disclose the opening of these investigations due to the public interest that has arisen around these particular cases", it said. 

It stressed that while the investigation was set up to ascertain if there had been any "professional shortcomings by warrant holders involved in the projects", the opening of an investigation should not be interpreted as findings of malpractice.