Updated | Building watchdog chair resigns following Portelli conflict

Updated at 5:34pm with architect's resignation letter

Maria Schembri Grima has resigned from chairperson of the Building and Construction Agency, the Planning Ministry has announced.

Planning Minister Stefan Zrinzo Azzopardi accepted the architect's resignation, which came into effect immediately.

The resignation comes following pressure that was building on Schembri Grima to resign after a stop notice was issued for a project she is architect of.

In her private capacity, Schembri Grima is one of the architects of developer Joseph Portelli, which according to sources close to government is causing embarrassing situations.

The BCA, which Schembri Grima chairs, issued a stop notice on excavation works in Birkirkara for which she is herself responsible.

"This situation is causing problems of credibility because of the conflicts that keep arising with her involvement in some of the major projects," sources told MaltaToday earlier.

In her resignation letter, Schembri Grima said that she relinquished her post "after due consideration" and she will be focusing all her energies on her profession. "I firmly believe that I have served this post to the best of my abilities. From its inception, the BCA has been a catalyst for change in the construction sector," she said.

The architect stressed that contractors had "great responsibilities" when engaging in any form of work on a construction site and are duty bound to follow the instructions of the Perit in charge in a rigorous manner.

"Failure to follow these instructions can seriously prejudice workers on site as well as third parties. As I have done during my tenure as chairperson of the Building & Construction Authority since its inception, I stand firm with my commitment to see that key players in this sector improve the way of doing things to safeguard workers on site and third parties which I hold very close to my heart," she said.

Schembri Grima was chosen as chairperson of the BCA in 2021 despite her role in various applications submitted by leading developers. During her term in office the BCA’s chairperson continued submitting applications by major developers like Michael Stivala and Joseph Portelli. This conflict of interest was flagged several times by MaltaToday.

In the latest development, the BCA stopped work on the demolition of the site of the Go Exchange building in Birkirkara over the weekend, after boulders from the site, spilled onto the street.

The permit for excavation and demolition works was issued to Excel Limited a company owned by construction magnate Joseph Portelli and Mark Agius in November and were given the clearance by the BCA on 1 February. The architect of the project is Schembri Grima.

The permit for the demolition of the existing Go Exchange and the excavation of two basement levels was issued before any decision on the replacement building.  

In fact, an application by the same company to construct 174 basement garages, 11 retail shops and 127 apartments is still pending approval.   

In a stop notice issued by the authority’s Chief Executive Officer Martin Farrugia, the BCA ordered that all work is stopped with immediate effect since the demolition was not in line with the method statement that had been filed and approved and was “exposing third parties to danger”. 

The stop notice was issued after residents had complained to the BCA about the lack of safety precautions on the site where stones were falling into the street and the perimeter wall was not closing off the site as had been promised. 

The safety risks posed by the works was also flagged by activist Wayne Flask and independent candidate Arnold Cassola. 

The original method statement for the demolition works had been presented by Schembri Grima to the BCA on 26 January.

The method statement included precautions to safeguard properties in the vicinity of the project. The clearing of site was to be “done by means of mechanical excavator armed with a bucket from the front to the back until the bedrock is exposed.” Moreover, once the property is demolished, hoarding had to be erected on the site boundary to secure it.  

Following the stop notice, Schembri Grima submitted a new method statement to address shortcomings through a new set of guidelines including “the spraying of water through the services of a water bowser or other similar means to contain and mitigate any dust resulting from the demolition works”.

Grima committed herself to liaise with the Site Technical Office “about how works are to be carried out” according to the guidelines.

In a statement on Tuesday evening, Excel Limited said that it immediately terminated its engagement with the contractor after it failed to abide by the method statement.

"The conctractor failed to abide by the said method statement and was careless and reckless in the execution of the works."