Updated at 11.56am

Harsher fines for construction lawbreakers, tighter regulations for site managers and architects, and new procedures to close existing loopholes in industry laws are among the changes set to be unveiled on Monday, the Prime Minister announced on Sunday.

Joseph Muscat was speaking in an interview broadcast on Labour’s radio station in which he spoke at length about the recent spate apartment block collapses next to construction sites.

The Prime Minister defended his decision to halt all excavation works with immediate effect, pending an overhaul of the existing legislation. He pointed out that architects who believed stopping works mid-project would actually increase risks could allow them to continue, provided they assumed liability in the case of an accident.

While noting that the majority of architects and contractors adhered to the law, he said that some of the current practices had to stop.

Dr Muscat speaks to the press at a briefing earlier this week. Photo: Jonathan Borg

“Some architects were doing method statements [a plan outlining the procedure to be adopted when carrying the works] without ever going on site, through WhatsApp,” he said.

This was completely unacceptable, the Prime Minister said.

Excavation ban was 'obvious' decision

Commenting on the temporary demolition and excavation ban, he said his decision was “clear and obvious” and all stakeholders had unanimously agreed with it.

Most existing legislation was up to scratch, Dr Muscat said, but there were certain grey areas which needed to be addressed.

He added that the objective of the changes in the pipeline was to avoid a situation whereby everyone passed the buck.

On the other hand he insisted that the government could not send enforcement officials to monitor every construction site around the clock.

Architect liability and site manager changes

“We must clarify the architects’ responsibility, who must abide by the method statement using specific procedures. If the contractors fails to adhere, they are the ones liable,” the Prime Minister said.

He also noted that some of the changes were meant to ensure that whenever major decisions or works were being carried out, the site manager or the architect had to be present on site.

Dr Muscat added that it would no longer be acceptable to have site managers concurrently responsible for up to 15 different sites. If site managers were the building owners or lacked the necessary qualification, the architect would be liable in case of an accident.

A police officer stands guard outside the collapsed Guardamangia property. Photo: Jonathan Borg

The changes will also oblige developers to undertake a geological survey even when excavating less than three metres in depth, and to record any potential structural faults for future reference.

Massive increase in fines

Furthermore, all engineering works and services of buildings under construction will have to be recorded for future reference, in order to avoid causing damages.
Fines will be raised from €500 to €10,000, and in case of a pending enforcement notice the upward revision would be from €1,200 to €50,000.

Apart from this, a new regulator, the Building and Construction Authority will be set up to incorporate all existing entities under one roof.

Malta Air

The Prime Minister also dismissed concerns that the setting up of Malta Air by Ryanair could jeopardise the future of Air Malta.

While noting that there were no restrictions to setting up more airlines in Malta, he said that the two carriers would “complement” each other.

Dr Muscat said that Malta Air would not delve into existing markets where Air Malta was strong, but seek to operate to new routes.

Low-cost airlines such as Ryanair were a different kettle of fish to the national carries, he said.

Ryanair does not cater for business class passengers, has huge limitations on the amount of luggage passengers are allowed to carry, does not carry cargo, has tighter operating schedules and flies to different airports, he said.

From a financial perspective, he said that Malta Air would result in up to 50 planes being registered in Malta, which would translate to an annual revenue of €1 billion.

On the other hand, Air Malta would continue to expand its fleet up to 11 aircraft as part of a plan to become the airline of the Mediterranean, he said.

The Prime Minister noted that Malta had a “golden share” in Malta Air meaning that it could veto any decisions which it would feel would go against the country’s interests.

AG’s dual role

The Prime Minister said he was baffled by the Opposition’s decision to vote against a Bill splitting the Attorney General’s existing dual role of prosecutor general and government’s legal advisor.

The government was acting on the advice of the Venice Commission, he said, and the Opposition’s only objection was on the procedure used to appoint the candidates holding such posts.

The Opposition’s call to appoint them with a two-thirds parliamentary majority would be a first as there was no EU country with such a criterion, he said.
Moreover, he said that the Venice Commission had made no such recommendation.

“I fear that the PN has been taken over by the negativity of those who lack ideas,” Dr Muscat said.