The Council of the Malta Chamber of Geologists (MCG) on Saturday rased serious concerns over the government's newly established property damage fund, administered by the Building and Construction Authority (BCA), which offers payouts of up to €15,000 for third-party property damage.
While acknowledging the fund provides a helpful temporary financial cushion for residents, the Chamber stresses that financial payouts cannot replace structural integrity and expert geological analysis. Financial measures cannot fix underlying ground problems or prevent catastrophic structural failures that threaten human lives.
The BCA fund appears structured to bypass scientific ground assessments, directly contradicting the Jean Paul Sofia Inquiry's recommendation for a mandatory geologist's report prior to any excavation. Coupled with the regulatory gaps in Subsidiary Legislation 623.06, this approach further compromises public safety and calls the authority's accountability into question.
The MCG cautions that treating the symptoms of construction and excavation negligence fails to address the root causes of structural failure, which typically stem from inadequate geological oversight during site assessments that can only be made by a geologist.
Furthermore, the Chamber warns that the fund creates a moral hazard, encouraging developers to view property damage as a minor, predictable "cost of doing business" rather than a critical operational failure that must be avoided through scientific site management.
The government's reactive approach fails to address the systemic flaws embedded in Subsidiary Legislation 623.06 of 2019 (Avoidance of Damage to Third Party Property). By stripping away the mandatory geological assessments required under Article 9.4 of the repealed legal notice (LN 72 of 2013), this regulation remains fundamentally compromised. It overlooks the essential role of the geologist by referring exclusively to the 'perit' (architect or civil engineer). By relying solely on the perit (architect or civil engineer focussed on building design) and excluding geologists, the S.L 623.06 overlooks a critical factor, that geologists are the specialists needed to analyse complex ground and rock conditions.
To align with European standards and neighbouring countries like Italy and Greece, where mandatory geologist reports form part of the building code and the profession of the geologist is formally recognized, S.L. 623.06 must officially recognize geologists as the qualified professionals required to evaluate ground conditions.
To truly safeguard public and private property, the MCG urges the government to shift its national focus from post-damage payouts to proactive prevention through two core measures:
- Prioritize stopping structural damage before it happens by requiring comprehensive
geological and geotechnical investigations and report by a geologist prior to excavation,
which is standard practice in neighbouring Italy.
- Enforce mandatory, certified ground investigation reports conducted exclusively by verified
geologists, backed by the Chamber of Geologists' verification scheme, rather than relying on
non-specialist sign-offs.