Reform in the licensing of builders with new regulations and establishment of a new committee

In a meeting with journalists, the Minister for Justice and Reform of the Construction Sector Jonathan Attard announced that the new regulations on the licensing of builders have been published.

The new regulations on the licensing of builders entered as a Subsidiary Law under Chapter 623 of the Laws of Malta, which establishes the Building and Construction Authority, with Minister Attard saying that it is considered that this field of builders has not seen a significant reform in it for more than 100 years.

The Minister said that this work that led to this step was not only based on the feedback that came from the public consultation, but also the result of a dialogue with a number of stakeholders including the Builders and Contractors Association , the Malta Developers Association and the Chamber of Architects.

“This is a crucial aspect of the ongoing reform process in the sector, aimed at the continuous improvement of standards. We recognize the importance of continuing to improve dialogue with key stakeholders. Likewise, we understand the need to take legislative and administrative action. These regulations will establish the foundation for additional reforms in the sector, including the eventual establishment of classifications,” said Minister Attard.

These regulations will lead to the gradual removal of licenses issued under the Police code. The regulations will be providing an updated definition of the Builder or licensed Builder and will also establish his responsibility.

The regulations will be providing procedures regarding the processing of Builders applications, license renewal, suspension and the taking of the same licence.

The licenses will be issued by a Committee on the Licensing of Builders, composed of persons who have knowledge in the sector, including a licensed builder and 2 Architects with Warrant. This committee will be given administrative support by the Building and Construction Authority (BCA) and will also have the function of organizing the necessary examination, keeping a register and making necessary recommendations regarding policies that relate with the builder’s craft.

This Subsidiary Law under the Building and Construction Authority Act also establishes the prerequisites that an applicant must meet in order for his application to be considered by the same committee. It also provides the power to the Building and Construction Authority to ask licensed builders to attend refresher courses that are necessary from time to time, which courses are also linked to the renewal of the license every two years.

The regulations also provide an effective deterrent to those who break the law, including when they assume the trade of a builder with a suspended licence, work without a valid license or fail to comply with the conditions of the same licence. This is apart from the possibility of suspension or revocation of the license.

The regulations also include a transitional process to facilitate the gradual removal of licenses issued under the Police Code in favor of those issued under the new regulations. Therefore all those who have a valid Builder’s license will be allowed to operate, but at the same time they will be asked to apply for the renewal of their license by 31 December 2024 at the latest so that we can really reach a culture of responsibility in the sector.

“This is another reform that testifies to our commitment to continue reforming the sector, with work that is being done on three tracks and in accordance with the electoral manifesto, with the inquiry linked to the tragic death of Jean Paul Sofia and further initiatives that are being taken by the Government and the respective authorities,” concluded Minister Attard.

Architect Simon Saliba, Chairman of the Building and Construction Authority, Architect Roderick Bonnici, Acting Chief Executive of the Building and Construction Authority, Architect also participated in this meeting with journalists. Godwin Agius, Chairman of the Builders Committee, and Lawyer Ivan Meli, Consultant in the Ministry for Justice and Reform of the Construction Sector.

The new helpline 138, which was launched at the beginning of this week, will be able to be used by all those who need more information about this last of a series of reforms that are taking place in the sector.

Photo: MJR