Issue link: https://maltatoday.uberflip.com/i/1131709
6 JAMES DEBONO PRIME Minister Joseph Muscat frankly admits that the industry has grown at a faster pace than the entities regulating it. "I think it's a situation where the industry grew at a much faster rate than the institu- tional capacity of the institu- tion governing it, that is the truth," Muscat said. "In this regard, we need to ensure that this gap is reduced as much as possible." What Muscat does not say is that this growth, which led to the approval of 13,000 new dwellings in 2018 did not hap- pen in a vacuum. It happened against a back- drop of policy changes en- acted by government in the absence of any consideration for the social impact of yet another construction boom on the daily life of common mortals, in terms of broken pavements, noise and safety. It was not first time this had happened. Between 2005 and 2007 30,833 dwell- ings were approved in three years. In April 2017 two men, a 44-year-old from Siggiewi and a Serbian, who residing in Gwardamangia lost their life when the ceiling on which they were standing gave way. It was only after that on- slaught that former Minister George Pullicino announced new rules requiring develop- ers to appoint site managers. Two years later the regula- tions were amended to ensure insurance cover for third par- ty damages. But these reforms coincided with a slow down which re- duced pressure on neighbour- hoods in subsequent years. By 2012 the number of permits issued by the PA had fallen to 3000. But while construction regulation came mostly as an afterthought, the policy changes enacted by PN led governments between 2005 and 2007 and by Labour be- tween 2014 and 2016 were nothing but a premeditated attempt to increase activity in this sector to boost economic growth. The policy changes were en- acted in the full knowledge that the country lacked an en- forcement system to impose regulations, and thus tackle that kind of abuse which leads to the collapse of buildings. In short buildings had to collapse and people had to lose their home for the gov- ernment to wake up and take some form of action. The reality is that all plan- ning policies devised in the last 12 years were aimed at fa- cilitating more construction, to the extent that in 2016 the PA imposed a €500 fine on itself whenever it fails to pro- cess applications in a 100 day period. After the tragedy, the regulator steps in So far both PN led and La- bour led administrations have considered safety aspects as an afterthought, periodically introducing timid measures like the obligation to appoint site managers in 2007 and the announcement of a new au- thority aimed at centralising regulation, in 2018. The reform announced this week after three incidents in the space of a few weeks falls short of a complete revamp of existing legislation but build on reforms introduced by Pul- licino in 2007 and 2009. The proposed regulations go one step forward in establishing a chain of responsibilities with the site manager having to be physically present on site when decisions effecting third parties are made. Yet some of the new roles remain un- clear. For example the new regulations state that the site manager should either be the architect or a "competent per- son who enjoys the architect's full trust." Geotechnical Design Re- ports will be made mandatory for any project involving any excavation and harsher fines are envisaged for contraven- ers. Yet the country still lacks a national geological service which can map the country's geological features, and thus address geological issues on a more holistic level. It also re- mains unclear whether there will be standard criteria guid- ing the formulation of these studies. And while the latest regu- lations oblige developers to upload a 'method statement' on how excavations will be conducted and made available to third parties, concerned neighbours will still have to dig in their pockets to hire ex- perts to assess these reports, thus leaving poorer residents more vulnerable than richer ones. For what is the use of meth- od statements when you are unable to assess their implica- tions? The major difference made by the latest changes is that if an accident happens, respon- sibilities may be more clearly established, thus putting more pressure on architects and site managers to behave respon- sibly. But it remains doubt- ful whether the laws can be enforced in view of the large maltatoday | WEDNESDAY • 19 JUNE 2019 ANALYSIS Shutting the stable doors after The way goal posts were changed for the construction industry in the past two decades in the absence of strong regulation is at the root of the present safety emergency On 25 April, a building collapsed in Gwardamanga