Chapter 390 – Periti Act
What is this act about?
This law regulates the profession of "Periti," which involves the design and construction of building works, including architecture and civil and structural engineering. It establishes a Board to oversee the profession and outlines rules for warrant holders and their professional conduct.
Who it applies to: Individuals who practice or intend to practice the profession of Perit; The Kamra tal-Periti and the Bord tal-Warrant tal-Periti.
At a glance
- Country
- Malta
- Area of law
- Real estate and construction law
- Articles
- 12
- Source
- legislation.mt
- Text retrieved
- Explanation updated
What does this act regulate?
- The establishment and composition of the Bord tal-Warrant tal-Periti.
- The functions of the Bord tal-Warrant tal-Periti, including considering applications for warrants and maintaining a register of warrant holders.
- The ability of the Minister to make regulations concerning the Kamra tal-Periti and the profession.
- The suspension, revocation, or cancellation of a warrant or registration of a partnership of warrant holders.
Who does this act apply to?
- Individuals who practice or intend to practice the profession of Perit.
- The Kamra tal-Periti and the Bord tal-Warrant tal-Periti.
What are the key points?
- The Bord tal-Warrant tal-Periti consists of a chairman appointed by the Minister and six other members (two appointed by the Minister, two by the Kamra, and two elected by warrant holders).
- The chairman serves a term of three years, while other Board members serve two-year terms, with a staggered system for some members in the first year.
- The Board's functions include considering warrant applications and keeping a public register of warrant holders.
- Decisions made by the Board can be appealed to the Administrative Review Tribunal within twenty days of service.
Real estate and construction law
Real estate and construction law
Legal text
Legal text
PERITI
CHAPTER 390
PERITI ACT To regulate Periti and to provide for matters connected therewith or ancillary thereto.
Substituted by:
XVIII. 2002.10.
1st October, 1999 ACT XIV of 1996, as amended by Act XVIII of 2002; Legal Notices 248 of 2004 and 425 of 2007; Act XXIII of 2009; and Legal Notice 335 of 2010 and XXI of 2020.
Art. 1
The short title of this Act is the Periti Act.
Short title.
Substituted by:
XVIII. 2002.10.
Art. 2
In this Act unless the context otherwise requires - Interpretation.
Amended by:
XVIII. 2002.10;
XXIII. 2009.79. "Board" means the Bord tal-Warrant tal-Periti established by article 6; "competent authority" shall have the same meaning the Mutual Recognition of Qualifications Act; "Kamra" means the Kamra tal-Periti; "Member State" and "citizen of a Member State" shall have the same meaning assigned to them in the Mutual Recognition of Qualifications Act; "Minister" means the Minister responsible for works and, to the extent of any functions delegated to it by the Minister, includes the Board; "prescribed" means prescribed by regulations under this Act; "profession" means the profession assuming responsibility for the design and, or, construction of building works, under the generic title of Perit and includes works in architecture and civil and structural engineering; "service provider" means a person from any Member State or any country in the European Economic Area who exercises the profession on a temporary basis in Malta; " Tr e a t y " m e a n s t h e Tr e a t y e s t a b l i s h i n g t h e E u r o p e a n Community; "warrant" means a warrant granted under article 5, and "warrant holder" shall be construed accordingly.
Art. 3
Qualifications for warrant.
Amended by:
XVIII. 2002.10;
L.N. 248 of 2004;
XXIII. 2009.80.
Art. 4
Special circumstances.
Amended by:
XVIII. 2002.10.
Repealed by Act XIII of 2021.
PERITI Warrant to practise as a building professional (Perit).
Amended by:
XVIII. 2002.10.
Art. 5
Temporary provision of services.
Added by:
XXIII. 2009.81.
Art. 5A
5A. Repealed by Act XIII of 2021.
Bord tal-Warrant tal-Periti.
Amended by:
XVIII. 2002.10.
Art. 6
Provided that in the first year, one of each of the members, appointed or elected under sub-article (1)(b), (c) and (d), shall be appointed or elected for one year, so that, thereafter, half the said members other than the chairman shall vacate their office each year.
PERITI
Art. 7
Repealed by Act XIII of 2021.
Repealed by Act XIII of 2021.
Repealed by Act XIII of 2021.
Functions of the Board.
Amended by:
XVIII. 2002.10;
L.N. 248 of 2004;
XXIII. 2009.82;
XXI of 2020.
Art. 7A
7A. (1) Decisions of the Board shall be subject to appeal before the Administrative Review Tribunal established by article 5(1) of the Administrative Justice Act.
Appeals.
Added by:
XXIII. 2009.83.
Amended by:
L.N. 335 of 2010.
Art. 8
Amended by:
XVIII. 2002.10.
PERITI form as prescribed by regulations:
Provided that no punishment shall be awarded by the Kamra until full opportunity has been given to the warrant holder charged to make his defence, saving his right to appeal against the decision of the Kamra to the Court of Appeal within such time and in such form as shall be prescribed from time to time; (d) making provision for securing the enforcement of the Kamra’s and the Board’s decisions.
Partnerships of warrant holders.
Amended by:
XXI of 2020.
Art. 9
Provisions applicable to partnerships of warrant holders.
Art. 10
Indemnity insurance by warrant holder or by partnership of warrant holders.
11.* Repealed by Act XIII of 2021.
Prohibited agreements.
Disqualification of warrant holder.
Amended by:
XXI of 2020.
Repealed by Act XIII of 2021.
Surrender of warrant or registration of partnership.
Suspension or revocation of warrant or registration of partnership.
Amended by:
XVIII. 2002.10;
XXI of 2020.
PERITI (c) without prejudice to the provisions of article 13, has been found guilty by a competent court of a crime affecting public trust or of theft or of fraud or of knowingly receiving property obtained by theft or fraud.
Effects of revocation or suspension of warrant, or registration of partnership.
Board may issue fresh warrant.
Substituted by:
XXI of 2020.
Offences.
Amended by:
L.N. 425 of 2007.
Additional provisions with respect to offences.
Regulations.
Amended by:
XVIII. 2002.10. (c) the bringing into effect of the provisions of the Mutual Recognition of Qualifications Act and subsidiary legislation issued thereunder, in relation to the mutual recognition of qualifications of perit; (d) any matter which is required or is authorised by this Act to be prescribed.
Saving.
Cap. 44 Repealed.