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James Debono
Amidst growing concern about the catastrophic impact of global warming, Malta appears on paper to be following EU rules on energy conservation in buildings. But in practice, these regulations are not being enforced.
In order to meet Malta’s European Union requirements, the government introduced stringent conditions on new building permits in November, setting limits on the space occupied by windows and obliging every new building to have a well or a water cistern.
By introducing this law the government fulfilled its obligation to honour the EU directive on energy efficiency of buildings, which came into force on 4 January 2003.
The directive is considered a very important legislative component of energy efficiency activities of the European Union, designed to meet Kyoto commitments.
But MaltaToday can confirm that no official body is currently monitoring new buildings and enforcing these regulations.
The legal notice was issued four months ago and applies to any development application submitted to the Malta Environment and Planning Authority after January 2007.
This was confirmed by architect Carmel Mifsud Borg, director general of the Services Division in the Ministry for Resources and Infrastructure.
“The law binds architects and civil engineers to follow these regulations. But currently there is no monitoring body to supervise their enforcement.”
Currently architects are expected to exercise “self regulation” when submitting designs to the Malta Environment and Planning Authority.
Contacted by MaltaToday, a MEPA spokesperson said that MEPA is not responsible for enforcing these regulations.
“These regulations fall under the jurisdiction of the Malta Resources Authority,” the spokesman said.
Mifsud Borg confirmed that discussions are under way to create a monitoring body to ensure that the new regulations are respected.
According to president David Felice, the Kamra tal-Periti (KTP) as yet uncertain about a number of issues: namely, how the new system will work, how the process will be followed up and monitored, and who will be accredited with certification of buildings for their energy performance.
“We are not aware, for example, whether applications for planning permission are currently being forwarded to the MRA by MEPA for their input in the application process, nor are we convinced that this may prove to be the right mechanism.”
Unless there is a proper set-up to monitor construction works for their compliance with the regulations prior to their being put into use, “it will be difficult to regulate or enforce compliance following the issue of a Development Permit,” Felice told MaltaToday.
The KTP insists that it should not fall within MEPA’s remit to assess building projects in terms of their compliance with these regulations, since MEPA is responsible for planning and land-use issues.
According to the new rules all new buildings have to be designed and constructed to secure the conservation of fuel and power by limiting heat loss in winter and heat gain in summer.
All new buildings have to incorporate proper storage for rainwater run off.
“Rain water that falls on roofs shall not be allowed to drain into the public sewer or onto a public place, but shall be collected in wells or cisterns within the site of the buildings,” the new regulations state.
According to the new rules, windows should only occupy 20 per cent of exposed walls of residential buildings, 25 per cent of offices and 50 per cent of showrooms. The minimum percentage of walls covered by glass can only be increased through double glazing, on condition that the calculated heat loss through such windows conform to the regulations.
The only public consultation on this new document took place in 2005 when the draft of the new Technical Guidance on the Conservation of Fuel and Energy in Buildings was launched.
On that occasion the KTP teamed up with the Chamber of Engineers to review the document and submit comments and proposals.
The two bodies also submitted a joint report on the changes. Following the submission of this report, the KTP was called in for a meeting with the Ministry of Infrastructure and Resources early in 2006.
But when the government issued the final version of the regulations, approved in November, the KTP was not even forwarded a copy of the proposed final version for further consultation.
The KTP favours the introduction of building regulations to improve the quality of development in the country, and to ensure that the end user will be guaranteed at least an adequate minimum standard and level of performance of his property.
The KTP also supports the introduction of regulations to help improve the energy efficiency of buildings. The benefits will be evident for the whole country, not least in terms of our obligations in terms of the Energy Directive.
The KTP is however unconvinced that the approved document, in its current format, will produce the desired effects.
“The performance standards set are often too generous, yet at the same time, unreasonably restrictive regulations are introduced for particular elements of the building which will not assist in raising the quality of the end product.”
The KTP is also particularly concerned that the document is not based on the required research into the performance of our current building stock, or building practices and materials. As a result, the document proposes methods and solutions which are perhaps more appropriate for countries with different climatic conditions to those of the central Mediterranean.
The Legal Notice does permit deviations from the specific proposals found in the guidelines, subject to adequate justification being provided, and evidence that the alternatives being proposed will allow a project to achieve the suggested targets.
“This is positive in itself. However, without adequate education, training, analysis and research, neither the design teams and their developers, nor the responsible authorities and enforcers/certifiers, will be equipped with sufficient knowledge, data, and design tools to allow for this flexibility in approach.”
Several other countries within the European Union have held public promotional campaigns in anticipation of the introduction and implementation of the directive. In this respect, the KTP has requested and obtained support from the European Social Fund to organise a seminar on the Energy Directive for its members towards the end of the year.
jdebono@mediatoday.com.mt
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