New builders’ licensing rules announced as part of construction sector reform

A new set of rules have been published governing the licensing of builders, as part of a wider reform in the construction sector.

The new regulations were announced by Minister for Justice and Construction Sector Reform on Wednesday (today).

The rules governing the licensing of builders have been enacted as a Subsidiary Law under Chapter 623 of the Laws of Malta, which establishes the Building and Construction Authority (BCA). Minister Attard said that this area has not seen a significant reform “for more than 100 years.”

The reform took place not just through feedback from a public consultation, but also through a dialogue with a number of stakeholders, including the Association of Builders and Contractors (ABC), the Malta Developers Association (MDA), and the Kamra tal-Periti (Chamber of Architects).

As a result of the new rules, the previous licences issued under the Police Code will be gradually removed. The new regulations will include a more comprehensive definition of a licensed builder, as well as clarification of their responsibilities.

The new rules will be providing a procedure for the processing of applications of builders, the renewal of licences, as well as their suspension and removal.

Minister Attard said that this is a “crucial aspect in the reform process that is taking place in the sector,” with the aim of “continuously improving standards.”

“We recognise the importance of continuing to improve our dialogue with the main interested parties. In the same way, we understand the need for legislative and administrative action to be taken. These rules will establish a base for additional reforms in the sector, including in the eventual establishment of classifications,” he added.

The licences will be overseen by a new committee on the licensing of builders, made up of individuals who are knowledgeable in the sector, including a licensed builder as well as two warranted architects. This committee will provide administrative support to the BCA and will also have the function of organising the necessary examinations, maintaining a register, and also make policy recommendations related to the builders’ trade.

The new law allows the BCA to request licensed builders to attend refresher courses from time to time, with these courses being tied to the renewal of licences every two years.

Strict penalties will be imposed for those individuals operating with a suspended licence or for failing to comply with licensing requirements.

There will be a transition period that will facilitate the gradual removal of licences issued under the Police Code in favour of applications for the ones under the new rules. Those with a valid licence can continue operating while they apply for a renewal under the new framework, with 31st December 2024 set as the deadline.

Minister Attard remarked that this is another reform that testifies Government’s commitment to reforming the sector.

“Work is being done on three tracks and in line with the electoral manifesto, the inquiry related to the tragic death of Jean Paul Sofia, and further initiatives being taken by Government and the respective authorities,” he added.

A new 138 helpline, launched earlier this week, will be usable by all those who require more information about these new reforms taking place in the construction sector.