The Malta Independent 31 July 2026, Friday
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TMID Editorial: Construction and enforcement

Monday, 23 October 2023, 13:29 Last update: about 4 years ago

Around 2,300 applications have thus far been sent to the Building and Construction Authority by people working as contractors in the construction industry, a press statement by the Building and Construction Authority read.

Contractors who work in construction, demolition and excavation have until the 31st of October to sign up.

The applications do not give an automatic right for a licence but will be subject to scrutiny by a specialised board, the BCA said.

Contractors who apply for a licence after that date, will need to wait for the Licensing Committee to issue a provisional clearance for their application to be able to operate until their proper licence is issued. Then, by 1 January 2025, the entire construction industry must have a licence.

The introduction of this licensing regime is important. Over the years, there have been too many tragedies in the construction sector. The Death of Jean Paul Sofia being a major one, and an incident which shook the country last year.

One must stress the importance of rigorous enforcement on the sector. Once the licensing regime comes into force, contractors in breach must face the consequences for their actions. If a contractor constantly breaches rules and regulations, then their license should be suspended, or revoked if the case warrants it.

If enforcement on the sector is insufficient, then regulatory changes would have been made for nothing.

The authorities cannot take things easy. The number of inspectors must increase. The number of checks must rise.

The public inquiry into the death of Jean Paul Sofia heard the testimony of former top construction sector regulator Michael Ferry, who said that the Building and Construction Authority's remit also extended to free-standing buildings, like the Corradino furniture factory that collapsed last December, which had killed Sofia. This contradicted claims made by BCA officials in earlier sittings that the authority had no oversight of the site, as works did not impact any third parties. 

The BCA had responded to this in a statement, and said that the law gives powers to the Authority when it comes to properties that touch and affect properties of third parties and not other buildings. It said that, “as has always happened, the operations of the authority follow that which is in the law. As such, that which was said regarding the authority's powers before the public inquiry board (in reference to Ferry’s statement) does not give a correct picture of the authority's powers.

If the authority is right in this instance, then the law clearly needs changing. If it is wrong, then it must be held accountable.

We need a construction sector that follows the best possible practices. Cowboys who try to cut corners or ignore regulations have no business working in an industry which, compared to others, is dangerous.

On another concerning point, PN MEP candidate Peter Agius said that most bricks made in Malta do not meet European Union safety standards. “Ten years down the line from the entry into force of the EU Regulation, we still have the majority of brick producers in Malta which are still not in line with EU standards in the Regulation, so much so that most products locally do not bear the EU’s CE Mark,” Agius said.

This is something which the authorities must investigate and, if we are found to be in breach, needs to be rectified.

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