The Council of the Malta Chamber of Geologists on Satirday expressed its deep dismay that the Building and Construction Authority (BCA) and the government have once again failed to meaningfully amend Subsidiary Legislation 623.06 (Avoidance of Damage to Third Party Property Regulations).
Despite previous warnings submitted by the Chamber, the recently published Legal Notice 305 of 2026 amending S.L 623.06 fails to address critical errors and dangerous omissions in the regulations. Furthermore, the BCA failed to consult the Chamber regarding this amendment, despite the direct relevance of geologists to ground excavation safety, the chamber said.
Specifically, the Chamber highlighted that Legal Notice 305 of 2026: Completely omits the role of geologists in evaluating ground and subsurface conditions;
Fails to restore mandatory 'geological investigations' previously enforced under Legal Notice 72 of 2013 (now repealed), leaving Maltese citizens without the baseline geological report required across neighbouring European nations.;
Ignores key findings of the Jean Paul Sofia Board of Inquiry, which recommended mandatory report by a geologist to be included with excavation Method Statements;
Persists with the fundamental misunderstanding of engineering geology and rock mechanics. The amendment leaves the Fifth Schedule restricted to only "fissures," completely overlooking other rock discontinuities, such as faults, joints, bedding planes, and solution cavities, that require expert identification and assessment by a qualified geologist;
Fails to rectify the definition of the "affected zone" in the Fifth Schedule of SL 623.06.
The current 45-degree delineation applies strictly to soil rather than rock, despite that most excavations in Malta occur in rock, the chamber said.
The BCA's persistent refusal to recognize the geological profession as evidenced by its rejection of the Malta Chamber of Geologists' application to join the Building and Construction Consultative Council (BCCC), stands in stark contrast to Malta's European Union neighbours and Switzerland. In Italy, the geological profession has been legally recognized and regulated since 1963, with the Presidential Decree 328/2001 (Article 40) explicitly mandating that Geological and Geotechnical Reports must be conducted by warranted geologists before any ground excavation.
Equivalent standards and requirement of a geological report are enforced across Greece, Spain, and Cyprus. Why is the BCA opposing mandatory geological assessments in Malta, enforcing significantly weaker protection for Maltese residents than those guaranteed in Italy, Greece, and Cyprus? By continuing to exclude geologists, the BCA is placing public safety at serious risk.
Malta has witnessed building or infrastructure failures adjacent to excavation sites nearly every year since 2018. The ultimate political responsibility lies with Minister Jonathan Attard for ignoring both the 2020 Quintano Report which likened Maltese excavation practices to "Russian roulette with third-party lives" and the 2024 Jean Paul Sofia Inquiry recommendations.
The Building and Construction Authority (BCA) cannot continue to substitute public safety with financial compensation. Financial handouts do not prevent ground failure; only thorough assessments by qualified geologists can mitigate these risks. In the absence of state regulation or official recognition of the profession in Malta, the Chamber of Geologists acted responsibly by establishing the Verified Geologist certification.
Regrettably, both the BCA and the government continue to ignore this vital safeguard. Full accountability now rests with the CEO, and Chairman of the BCA, the chamber concluded.