ACT No. XII of 2011 AN ACT to provide for matters relating to the construction of buildings and other matters connected therewith and to make consequential and other amendments.

I assent.

(L.S.) G eorge A bela

President

1st July, 2011

ACT No. XII of 2011

AN ACT to provide for matters relating to the construction

of buildings and other matters connected therewith and to make

consequential and other amendments.

BE IT ENACTED by the President, by and with the advice

and consent of the House of Representatives, in this present

Parliament assembled, and by the authority of the same, as

follows:-

(1) The short title of this Act is the Building Regulation

Act, 2011.

(2) This Act shall come into force on such a date or dates

as the Minister responsible for the building industry may by notice

in the Gazette appoint, and different dates may be so appointed for

different provisions and different purposes of this Act.

[Article 6(6)]

Matters for which building regulations may prescribe Standards or

recommend Codes of Practice

1. Preparation of sites.

2. Suitability, durability, classification, use and testing of materials and

components (including surface finishes) used in buildings.

3. Structural strength and stability of buildings including -

(a)

precautions against overloading, impact and explosion;

(b)

measures to safeguard adjacent buildings and services;

(c)

underpinning.

4. Resistance to moisture and decay.

5. Fire precautions including -

(a) resistance of the structure to the outbreak and spread of fire;

(b) means of escape in the event of fire and measures to ensure that

such means can be effectively and safely used at all times;

(c) services, fittings and equipment designed to facilitate fire fighting

to mitigate the effects of fire, for the early detection of fire and to provide

warning in the event of fire.

6. Prevention of danger and obstruction to persons in and about buildings.

7. Measures affecting the emission of smoke, gases, fumes, grit or dust or

other noxious or offensive substances.

8. Measures to prevent infestation.

9. Measures affecting the transmission of heat and solar heat gain.

10. Measures affecting the transmission of sound.

11. Storage, treatment and removal of waste or hazardous material.

12. Accommodation for specific purposes or in connection with buildings,

and the dimensions of rooms, components and other spaces within buildings.

13. Ventilation and natural lighting (including the provision of open space

thereof).

14. Means of access to and egress from buildings and parts of buildings.

15. Water services, ducts, fittings and fixed equipment and materials

associated therewith.

16. Electrical services, ducts, fittings and fixed equipment and materials

associated therewith.

17. Drainage (including waste disposal units).

18. Postal and electronic communications services installations, ducts,

ancillary fixed equipment and materials associated therewith.

19. Services, installations and ancillary equipment, including installations

(including appliances, storage tanks, heat exchangers, ducts and fans) utilising

solid fuel, oil, gas, electricity or any other fuel or power for the purpose of, or in

connection with, providing heat or ventilation or producing hot water in buildings.

Passed by the House of Representatives at Sitting No. 373 of 27th June, 2011.

M ichael F rendo

Speaker

P auline A bela

Clerk to the House of Representatives

€3.24

In this Act, unless the context otherwise requires -

“authorised person” means a person authorised for the

purposes of this Act by the Director, Building Regulation

Office, or by the Building Regulation Board (in the case of

appeals in accordance with article 13), as the case may be;

“the Board” means the Building Regulation Board

established under article 3;

“building” includes part of a building and any class

of structures which are prescribed by the Minister to be a

building for the purposes of this Act;

“building contractors and building tradespersons”

means any person, including a body of persons and any body

corporate established by or under any law, who is listed under

article 5(4);

“building matter” means any building or other matter

whatsoever to which this Act or any building regulations are

in any circumstances applicable;

“building regulations” means regulations made by the

Minister under article 6;

“Building Regulation Office” means the Government

organisation which is responsible for the administration of

building regulations and building control regulations made in

accordance with this Act which administration may include,

but is not limited to, the issue of licences and registration

of masons, building contractors and tradespersons, the

monitoring of the application of building regulations, the

endorsement of certificates of compliance, the enforcement

of building control regulations and the provision of technical

assistance to the Board, in the preparation of technical

guidance documents;

“certificates of compliance” means documents issued

by a perit or warranted engineer, to certify that a building or

works conform with building regulations;

“construction” includes the execution of works in

connection with buildings and any act or operation necessary

for or related to the construction, extension, alteration, repair

or renewal of a building and “constructed” shall be construed

accordingly;

“design” includes the preparation of plans, particulars,

drawings, specifications, calculations and other expressions

of purpose according to which the construction, extension,

alteration, repair or renewal concerned are to be executed, but

shall not include matters relating to development planning,

urban design and aesthetics, and “designed” shall be

construed accordingly;

“the Director” means the Director responsible for

the Building Regulation Office or any public officer duly

appointed to assume the responsibilities of the Building

Regulation Office;

“enforcement notice” has the meaning assigned to it by

article 14;

“engineer” has the meaning assigned to it in the

Engineering Profession Act;

“fire consultant” means any person or firm who, after

applying to the Director, Building Regulation Office and

presenting to the said Director diplomas, certificates and

other evidence of formal qualifications indicating the

holder’s professional knowledge and experience in fire safety

engineering, is accepted and registered by the Director as a

recognised fire safety consultant;

“functions” includes powers and duties;

“mason” means any person who has a licence issued by

the Director, Building Regulation Office, to construct wholly

or in part, any stone or brick building laid in mortar, or

concrete building, even though the work done or commenced

by such person consists merely in the erection of a wall

intended to form part of a building, or in the formation of a

cistern, privy, sink or cesspool or of a conduit for the passage

of filthy water or sewage matter;

“the Minister” means the Minister responsible for the

building industry;

“operative date” means the day on which particular

building regulations first come into operation;

“perit” has the meaning as defined by the term

“profession”, in the Periti Act;

“prescribed” means prescribed by regulations made by

the Minister under this Act;

“site manager” means a person carrying out the duty

or duties derived from the provisions of the Environmental

Management Construction Site Regulations, 2007. Such

person shall be nominated by, and be responsible on behalf

of, the owner for ensuring the correct implementation of the

aforementioned regulations;

“technical guidance document” means a document

which provides technical guidance on matters relating to

any aspect of building regulations and shall also include any

methodology;

“warranted”, in relation to a perit or an engineer, means

a person who holds a warrant to practice as a perit or as an

engineer, as the case may be, under the Periti Act or the

Engineering Profession Act;

“works” includes any act or operation in connection

with the construction, extension, alteration, repair or renewal

of a building.

(1) There shall be a board to be known as the Building

Regulation Board, hereinafter referred to as “the Board”, which

shall consist of a chairperson and not less than six and not more

than eight other members as follows

(a) a perit with at least eight years experience in

building construction, who shall preside;

(b) two other persons, one a perit nominated by the

Kamra tal-Periti and, a warranted engineer nominated by the

Chamber of Professional Engineers; and

(c) at least four other persons, each with professional

qualifications and, or knowledge and experience on matters

related to building construction, or health and safety, or

building services.

All the members of the Board shall be appointed by the

Minister for a period of three years. The Minister may designate

one of the other members of the Board as Deputy Chairperson and

the member so designated shall have all the powers and perform

all the functions of the Chairperson during his absence or inability

to act as chairperson or while the Chairperson is on vacation

or when there is a vacancy in the office of chairperson; and the

Minister may also, in any of the circumstances aforesaid, appoint

another person to act as chairperson and in such case the foregoing

provisions shall apply in respect of such person.

(2) The Chairperson and each of the other members of

the Board shall, before entering upon the duties of their office, take

an oath in the form set out below

“I…………………………...do swear that I will

faithfully perform the duties of Chairperson/Member of the

Building Regulation Board without favour or partiality according

to law. So help me God.”.

(3) At least four members of the Board, together with

the Chairperson, shall form a quorum. Decisions shall be adopted

by a simple majority of the votes of the members present and

voting. The Chairperson, or in his absence the Deputy Chairperson

or other person appointed to act as chairperson, shall have an initial

vote and in the event of an equality of votes, a casting vote.

(4) In the exercise of its functions, the Board shall -

(a) be consulted by the Minister in accordance with

articles 4(1), 6(1), 6(6), 11(1), 18(2) and 19 regarding

regulations that may be made from time to time under this

Act;

(b) consult with stakeholders including Government

departments or bodies corporate established by law, on

matters relating to building regulations and building control

regulations;

(c) advise the Minister on all matters relating to

building regulations and building control regulations, and any

other functions as prescribed by this Act;

(d) set the parameters, in accordance with article

5(1), by which the Building Regulation Office shall evaluate

the capabilities of fire consultants or other consultants in the

building industry, and of building contractors and building

tradespersons for registration in any of the categories or

sub-categories established by article 5(4) and for the issue

of licences to masons in connection with building works in

Malta;

(e) advise the Minister on the setting of criteria for the

suspension, withdrawal or cancellation of a registration or

licence;

(f) issue technical guidance documents as may be

required from time to time.

(g) decide upon the dispensing with or relaxation

of a requirement of the building regulations, following an

application or on its own accord, in accordance with articles

6 to 10;

(h) consider appeals from any decision taken by the

Director in accordance with articles 12 and 13;

(i) carry out any activity or function in relation to

building regulations or building control regulations which

may be assigned to it by means of regulations made by the

Minister in accordance to the provisions of this Act.

(5) The meetings of the Board shall be called by the

Chairperson as often as may be necessary but at least once a month

either on his own initiative or at the request of any two of the other

members. Subject to the provisions of this Act, the Board may

regulate its own procedure.

(6) There shall be paid to the members of the Board

such remuneration as the Minister may, with the concurrence of the

Minister responsible for finance, determine.

(7) The Minister shall designate public officers to be

the administrative secretariat of the Board consisting of a Secretary

and such other officers or employees as may be necessary to

assist the Board efficiently in the matters which fall within its

jurisdiction.

(8) The members of the Board shall on the expiration

of their term of office be eligible for reappointment.

(9) (a) The Board shall keep a register of all its

decisions in relation to -

(i) the relaxation or dispensation

of

building

regulations in accordance with article 10; and

(ii) appeals made under article 13(3).

(b) For each decision, the information kept in

the register shall include the name of the applicant and

details of the proposal including documents, detailed

plans, if applicable, and a reasoned justification for the

decision.

(c) The register shall be made available for

public inspection at such reasonable times as may

be determined by the Board and on the website of the

Building Regulation Office or, in the case of absence for

a while of a website of the Building Regulation Office,

on the website of another government department

or agency in which case, such other website shall be

notified in the Gazette.

(10) In the performance of its functions, the Board

shall have the power to appoint from time to time sub-committees

for the purpose of compiling technical reports and, or identifying

procedures to be adopted.

(11) If the need arises, the Board may request that the

Minister appoints a Committee of Appeals composed of not less

than three and not more than five members, one of whom shall be

appointed from among the members of the Board, who shall be the

Chairperson and preside the Committee meetings. The members

of the Committee of Appeals shall be appointed by the Minister for

a period of three years, and may be so appointed for further periods

as the Minister may deem appropriate.

(12) The other members of the Committee of Appeals

shall be a perit, a warranted engineer or any other suitably qualified

professional with qualifications and, or experience on matters

related to building construction, or health and safety, or building

services. The provisions of sub-articles (2), (6), (7) and (8) of this

article shall, mutatis mutandis, be applicable to the Committee of

Appeals.

(13) A member of the Board or of the Committee of

Appeals may be challenged or abstain for any of the reasons for

which a judge may be challenged or abstain in accordance with

article 734 of the Code of Organization and Civil Procedure.

In any such case the Minister shall appoint a person, having the

qualifications of the member challenged or abstaining, to sit

as a member of the Board or of the Committee of Appeals in

substitution of the said member.

(14) A member of the Board or of the Committee of

Appeals may be removed from office by the Minister, on grounds

of gross negligence, conflict of interest, incompetence, acts or

omissions unbecoming a member of the Board or of the Committee

of Appeals or if such member is unfit to continue in office or has

become incapable of properly performing his duties as a member.

(15) If a member resigns or on the expiration of

his term of office or if the office of a member of the Board or of

the Committee of Appeals is otherwise vacant or if a member is

for any reason unable to perform the functions of his office, the

Minister may appoint a person who is qualified to be appointed as a

member to be a temporary member of the Board or the Committee

of Appeals, as the case may be; and any person so appointed shall,

subject to the provisions of sub-articles (13) and (14), cease to

be such a member when a person has been appointed to fill the

vacancy or, as the case may be, when the member who was unable

to perform the functions of his office resumes those functions.

PART I

Registration of Contractors

(1) The Minister may, after consultation with the Board,

make regulations to regulate or otherwise provide for any matter

relating to the registration of fire consultants, other consultants

in the building industry, building contractors and building

tradespersons and the issuing of licences in the building industry

and may by such regulations -

(a) provide for the issuing of licences and the

registration of persons, companies and other entities in order

to officially recognize their capacity to perform work or

supply material for the building construction industry and to

authorise them to perform such work;

(b) provide for the suspension of licences issued or

registrations made, and that any licence issued or registration

made under the provisions of this Act be withdrawn or

deleted;

(c) establish such sub-categories to the main categories

referred to in article 5(4) as he may deem appropriate;

(d) prescribe the form of any notice, order or other

document authorised or required by this Act to be made,

served or given;

(e) establish criteria for the issue of a licence and

registration of applicants under this Part;

(f) establish the forms and procedures to be used in the

operation of the Registry for the carrying out of the provisions

of this Part;

(g) establish, with the concurrence of the Minister

responsible for finance, the fees payable in respect of any of

the licences and registration of masons, building contractors

and building tradespersons under this Part

Provided that for any regulation relating to road

construction works, the Minister shall issue such regulations

with the concurrence of the Minister responsible for roads.

(2) Regulations made under this article may provide

that any person who contravenes or fails to comply with any

provision thereof shall be guilty of an offence against this Act or

against those regulations and shall, on conviction be liable to a

fine (multa) not exceeding ten thousand euro (€10,000), or to

imprisonment for a period not exceeding three months, or to both

such fine and imprisonment.

(1) The Building Regulation Office shall be the entity

responsible to issue licences for masons, and to register fire

consultants, other consultants in the building industry, building

contractors and building tradespersons.

(2) The Director, Building Regulation Office shall

examine applications for the issuing of licences and registration of

masons, fire consultants, other consultants in the building industry,

building contractors and tradespersons on the basis of the criteria

as may be prescribed by the Minister and if an applicant satisfies

the established criteria, the Director shall issue a licence where

applicable and register it in the designated category or sub-category

as the case may be.

(3) In carrying out the functions under sub-article (2)

the Director may appoint ad hoc technical experts to examine,

evaluate and report on the technical capabilities of fire consultants,

other consultants in the building industry, building contractors,

building tradespersons and masons.

(4) Registration of building tradespersons and

building contractors shall be categorized by trade or activity of the

applicant, into one of the following main work categories

(a) general building and civil engineering

(b) building (only);

(c) civil engineering (only);

(d) road construction works (only);

(e) demolition works (only);

(f) excavation(only);

(g) scaffolding (only);

(h) installations;

(i) building completion; and

(j) any other category which the Minister may deem fit

to prescribe.

(5) The Director, Building Regulation Office, shall

keep a register or registers of masons, building contractors

and building tradespersons according to the categories or sub-

categories established in sub-article (4).

(6) The register or registers mentioned in sub-article

(5) shall be accessible to the public, including by means of an

electronic site.

(7) (a) In the case of road construction works,

the Minister shall, with the concurrence of the Minister

responsible for roads, make regulations in respect of any

matters relating to this article.

(b) The Minister may delegate any or part of the

functions listed under this article, to any other Government

department or body corporate established by law as the said

Minister may deem competent on the matter.

PART II

Building Regulations

(1) The Minister may, after consultation with the

Board, make regulations in respect of any of the functions of

the Board and in connection with any matter relating to building

regulations.

(2) Without prejudice to the generality of sub-

article (1) such regulations under this article may, in particular

with respect to building regulations, provide for all or any of the

following -

(a) the design and construction of buildings;

(b) material alterations or extensions of buildings;

(c) the provision of services, fittings and equipment in,

or in connection with, buildings;

(d) provisions which are to apply where any material

change takes place for the purposes for which a building is

used;

(e) for securing the health, safety, convenience and

welfare of -

(i) persons in or about buildings which are under

construction; and

(ii) persons who may be affected by buildings or

by matters connected with buildings;

(f) for the requirements of persons with disabilities in

relation to buildings;

(g) for the conservation of fuel and energy in relation

to buildings;

(h) for securing in relation to buildings the efficient

use of resources;

(i) for the encouragement of good building practice;

(j) for such other matters as appear to be necessary or

expedient in relation to buildings;

(k) fees which may be payable in accordance with this

Act;

(l) for the purposes of prescribing administrative fines

for infringement against any regulations made under this Act;

(m) for the purposes of prescribing penalties for

criminal offences against any regulations made under this

Act; and

(n) for the procedures to be followed in the case of

appeals before the Board or the Committee of Appeals as the

case may be and for the establishment of any such fees as are

considered to be necessary in relation to any proceedings of

appeal before the Board or the Committee of Appeals.

(3) Without prejudice to any regulations made under

sub-article (2)(d), there shall be deemed to be a material change

in the purposes for which a building is used if, on or after the

operative date –

(a) a building or part of a building, which was not

originally constructed for occupation as a dwelling, or which,

though so constructed, has been used for other purposes, is

again used as a dwelling;

(b) a building, which was originally constructed for

occupation as a dwelling by one household only, is occupied

by two or more households ; or

(c) where building regulations contain special

provisions in relation to buildings used for any particular

purpose, a building which was previously used for such

purpose is used for a purpose to which the regulations apply.

(4) Building regulations which relate to –

(a) any material change taking place in the purposes for

which the building is used; or

(b) material alterations or extensions of buildings; or

(c) the provision of services, fittings or equipment, in

or in connection with, buildings, may apply to a building, the

construction of which was commenced before the operative

date, in so far as such building is affected by any material

change for the purposes for which such building is used or

any material alteration, extension, provision of services,

fittings or equipment, as the case may be, which occurs on

or after the operative date and in all other cases building

regulations shall apply only to buildings the construction of

which is commenced on or after the operative date.

(5) Subject to sub-article (7) and to any dispensation

or relaxation granted -

(a) by the Board, according to articles 7 or 10; or

(b) after any application to the Court which has been

allowed,

every building to which building regulations apply shall be

designed and constructed in accordance with the provisions of

such regulations.

(6) Building regulations may -

(a) prescribe standards or recommend codes of

practice, expressed in terms of performance, types of material,

methods of construction or otherwise, in relation to all or

any of the matters specified in the Schedule or in relation

to any other matter which, in the opinion of the Minister in

consultation with the Board, is relevant to the purposes for

which building regulations may be made;

(b) require specified action to be taken in connection

with buildings;

(c) provide for the regulation of specified actions in

and about buildings;

(d) specify the manner in

which

construction

operations are to be carried out; and

(e) contain such supplementary and incidental

provisions as appear to be necessary or expedient to the

Minister on the advice of the Board

.

Provided that building regulations may specify

different standards or codes of practice for, or make different

provisions in relation to, different classes or descriptions of

buildings.

(7) Building regulations may exempt, in whole or in

part, from all or any of the provisions of such regulations, such

classes or descriptions of buildings, services, fittings or equipment

as may be specified in the regulations, including classes or

descriptions of buildings, services, fittings or equipment in any

area specified in the regulations.

(8) Building regulations, or any provisions contained

therein, may be made so as to apply generally, or with regard to

any area specified in the regulations, and the regulations may

contain different provisions for different areas

Provided that building regulations shall also apply to

buildings belonging to or occupied by the Government other than

buildings which are used on a temporary basis, places of detention

for persons detained in connection with or as a consequence of

criminal procedures, and buildings used by the Police Force or the

Armed Forces of Malta or by some other established Authority, for

the purpose of detention or the defence of the State.

Where building regulations so provide, the Board may,

following an application for a direction under this article, consider

that the adoption of a requirement in such building regulations

would be unreasonable in relation to the particular case to which

the application relates, give a direction dispensing with or relaxing

that requirement, subject to any additional conditions that the

Board may deem fit.

(1) An application pursuant to article 7 may be in such

form and shall contain such particulars as may be prescribed.

(2) The application shall be made to the Board and it

shall include a detailed technical report giving the reasons why a

case dispensation or relaxation would be justified.

(1) The Board shall, within thirty days of receiving

an application in accordance with article 8, in respect of any

particular case, make available a notice on the website of the

Building Regulation Office, and publish such notice in at least two

newspapers, one of which shall be in the Maltese language -

(a) indicating the site and nature of the work and the

requirement to be dispensed with or relaxed; and

(b) stating that representations with regard to the effect

that the direction may have on public health or safety may be

submitted by such date that shall be specified in the notice,

which period shall not be less than twenty-one days from the

date of the notice; and

(c) indicating the date of hearing of the case subject

of the application before the Board, and that for such hearing

there can attend both the applicant as well as any other

person who has submitted a representation mentioned in this

paragraph and who has a direct interest in the outcome of the

application,

and the Board may, as a condition for considering the application,

require the applicant to pay or undertake to pay the cost of

publication.

(2) No notice shall be required to be published under

sub-article (1) where it appears to the Board that any effect that the

direction may have on public health or safety will be limited to the

site of the work or to premises adjoining the site of the work, but

in the latter case the Board shall give such notice to the owners and

occupiers of those premises as it may consider adequate for them

to make any necessary representations.

(3) The notice referred to in sub-articles (1) or (2) is

required even where the work involves only an internal part of the

building.

(4) (a) Before giving the direction, the Board shall

give due consideration to any application made in accordance with

article 8, any representations in writing made under sub-article (1),

as well as any other proof brought forward during the hearing of

the case.

(b) The Board shall have the power to determine

who has a direct interest in the outcome of the application, and

to summon witnesses and to administer the oath to any person

appearing before it.

(c) The Board may appoint experts and may

require any department or agency of Government to provide it with

such information as the Board may deem necessary for the proper

execution of its functions.

(d) During the hearing of the case subject of the

application, both the applicant as well as any other person who has

submitted a representation mentioned in this paragraph and who

has a direct interest in the application, shall be assisted by a lawyer

and, or a perit as the applicant may deem fit.

(1) If the Board considers that compliance with any

requirement of building regulations would be unreasonable in

relation to any specified class of building operations, works or

material, the Board may, either on an application made to the

Board or of its own accord, give a direction dispensing with

or relaxing such requirement generally in relation to the type of

building, either -

(a) unconditionally; or

(b) subject to compliance with any such condition as

may be specified in the direction, being conditions on matters

directly connected with the dispensation or relaxation.

(2) A direction under sub-article (1) -

(a) if it so provides, shall cease to have effect at the

end of such period as may be specified in the direction; and

(b) may be varied or revoked by a subsequent direction

of the Board.

(3) (a) Building regulations may require a person

making an application under sub-article (1) to pay the Board

any such fee as may be prescribed, and regulations so made may

prescribe different fees for different cases.

(b) The Board may, if in agreement in whole or in

part with the application, remit the whole or part of a fee payable

by virtue of this sub-article.

(4) In addition to the provisions of article 3(9), where

the Board gives a direction under sub-article (1), the Board shall

write to the Minister informing him of such decision and include

the reasons that justify it.

(5) If at any time a direction under sub-article (1)

dispensing with or relaxing a requirement of building regulations

ceases to have effect in accordance with sub-article (2)(a), or is

varied or revoked under sub-article (2)(b), this shall not affect the

continued operation of the direction or any conditions specified

therein, in any case where before such time, at the commencement

of building operations, plans of the proposed work were in

accordance with building regulations as applicable to it before the

dispensation or relaxation ceased to have effect.

(6) (a) Each decision by the Board shall be reached

following a case by case analysis and no decision shall constitute a

precedent for other cases, in that each case has to be decided on its

own merits.

(b) The Board shall deliver its decision regarding

whether it shall issue an order to relax or dispense building

regulations, within thirty days from the date of hearing. That

decision shall be notified to the parties within fifteen days and shall

include the reasons which justify the Board’s conclusion.

(c) The decisions of the Board shall be supported

by the majority of its members.

(d) The Board shall, in any case, inform the

applicant in writing, with a copy of the decision whether the

application for relaxation or dispensation of building regulations

has been accepted or not. A copy of such a decision should also

be given to any person who submitted a representation before the

Board and a copy shall be kept in a register which shall be available

for inspection by the public in accordance to article 3(9).

(7) The decisions of the Board shall be final except

with respect to points of law, from which there may lie an appeal to

the Court of Appeal (Inferior Jurisdiction).

(8) Appeals to the Court of Appeal (Inferior

Jurisdiction) from decisions of the Board, as provided for in sub-

article (7), shall be made within twenty days from the day the

applicant and any person making the representation before the

Board is notified with the decision of the Board, and such appeals

shall be regulated by such rules of court as may be made in

accordance with article 29 of the Code of Organization and Civil

Procedure.

PART III

Building Control Regulations

(1) The Minister may, after consultation with the

Board, make regulations providing for matters of procedure,

administration and control for the purposes of securing the

implementation of, and compliance with, the requirements of

building regulations, and may by such building control regulations

make such incidental, consequential or supplementary provisions

as may appear to him, on the advice of the Board, to be necessary

or expedient.

(2) Without prejudice to the generality of sub-article

(1), building control regulations may make provision for all or any

of the following matters

(a) requiring -

(i) the submission to the Director, Building

Regulation Office, of certificates of compliance by the

owner or his representative, duly completed and certified

by a perit or warranted engineer or both as the case may

necessitate, being certificates relating to compliance

with the building regulations (subject to any relevant

dispensation or relaxation already granted by the Board,

in accordance with articles 7 or 10, or by the Court of

Appeal), prior to the completion of the construction

of any building works or class of work to which such

building regulations apply;

(ii) in respect of a building, of a prescribed

class or classes, the submission by the owner or his

representative of a fire safety certificate issued by a fire

consultant, that a building, if constructed in accordance

with the plans, documents and information submitted, or

so constructed, would comply (subject to any relevant

dispensation or relaxation already granted by the Board,

according to articles 7 or 10, or by the Court of Appeal),

with the provisions of the building regulations as

prescribed;

(iii) the submission of a “commencement notice”

to the Director, Building Regulation Office, prior to the

commencement of the construction of any buildings,

works or classes of work to which building regulations

apply

Provided that the notice may be communicated to

the Malta Environment and Planning Authority and to

any other Government department or body corporate

established by law as the Minister deems competent;

(b)

prescribing -

(i) the form and content of certificates of

compliance, fire safety certificates and commencement

notices;

(ii) the plans, documents and information to be

submitted with certificates of compliance, fire safety

certificates and commencement notices;

(iii) the time within which such certificates or

notices are to be submitted;

(iv) the report of any perit, warranted engineer or

specialist consultant professionally responsible for the

works which is to be included in or with the certificate;

(c) the designation of the persons or the classes of

persons by whom certificates of compliance, fire safety

certificates and commencement notices may be given, and

the classes of buildings or works in respect of which such

certificates are to be given;

(d) the registration of certificates of compliance, fire

safety certificates, commencement notices, and of such

information as may be prescribed, and the making available

of such information to such persons as may be prescribed;

(e) the charging of fees for -

(i) the registration of certificates of compliance,

fire safety certificates and commencement notices;

(ii) the provision of copies of certificates or other

documents or extracts therefrom; and

(iii) the carrying out of inspections and tests and

the testing of samples taken pursuant to article 16;

(f) the combining, in one document, of any two

or more of any application, notice, certificate or other

document provided for in this Act or in any regulations made

thereunder;

(g) the dispensation from any provision regarding

the submission of certificates of compliance or fire safety

certificates, of such buildings, or classes thereof as may be

specified in the regulations;

(h) any other matter that the Minister, acting on the

advice of the Board, considers appropriate.

(3) Building control regulations may make different

provisions in relation to different buildings or classes of buildings

situated in different areas, or in relation to different provisions of

the building regulations.

(4) Where a certificate of compliance, fire safety

certificate, or a commencement notice is submitted to the Director,

Building Regulation Office, the Director shall not be under a duty

to any person, entity or institution to

(a) ensure that the building or works to which the

certificate or notice relates shall, either during the course of

the work or when completed, comply with the requirements

of the building regulations or be free from any defect;

(b) ensure that the certificate complies with the

requirements of this Act or of regulations or orders made

under this Act; or

(c) verify the facts stated in the certificate.

(1) A person or institution or any department or agency

of Government having a direct interest and aggrieved by any

decision, ruling or direction by the Director, Building Regulation

Office, may submit an appeal to the Board in accordance with the

provisions of this Act and any regulations made thereunder.

(2) An appeal against any ruling, order or direction

issued by the Director, Building Regulation Office, shall be made

within a period of twenty days from the issue of such ruling, order

or direction, by means of an application filed with the Secretary

of the Board. Notice of such an application shall be served on the

Director, Building Regulation Office, and a representative of the

Director shall be entitled to file a written reply, appear, be heard

and submit evidence at the hearing of the application.

(3) The Board may delegate hearing of appeals

submitted to it to a Committee of Appeal, provided that this has

been duly appointed by the Minister in accordance with article 3

(11).

(4) The Board or Committee of Appeals, as the case

may be, shall appoint a date for the hearing of the appeal which

shall in no case be later than thirty days from the date when the

application of appeal is filed with the Secretary of the Board.

(5) In determining an appeal the Board or the

Committee of Appeals shall take into account the merits of the

appeal, and may in whole or in part, confirm, annul or vary the

decision appealed from, giving in writing the reasons for its

decision and shall cause such decision to be made public and

communicated to the parties to the appeal.

(6) The procedure to be followed before the Board

or the Committee of Appeals and the time within which and the

manner in which an appeal to the Board or the Committee of

Appeals, is to be made shall be such as may be prescribed; and

subject thereto, and to any other applicable provision of this Act,

the Board or the Committee of Appeals may establish its own

procedure.

(1) The provisions of this article shall be applicable

in relation to appeals submitted to the Board against any decision

taken by the Director, Building Regulation Office.

(2) The Board or the Committee of Appeal, as the

case may be, shall have the power to hear and determine all appeals

made by a person or institution or any department or agency of

Government aggrieved by any decision of the Director, Building

Regulation Office.

(3) The decisions of the Board or the Committee of

Appeals, as the case may be, shall be final except with respect to

points of law, from which there shall lie the right to appeal to the

Court of Appeal (Inferior Jurisdiction). Any party to an appeal

before the Board or Committee of Appeals who feels aggrieved

by a decision of the Board or the Committee of Appeals, or the

Director if he feels dissatisfied with any such decision, may

on a question of law appeal to the Court of Appeal (Inferior

Jurisdiction).

(4) The decisions of the Board or the Committee of

Appeal, as the case may be, shall be supported by the majority

of its members; all decisions of the Board or the Committee of

Appeal, as the case may be, shall be delivered in public and shall

be kept in a register which shall be available for inspection by the

public in accordance to article 3(9).

(5) Advance notice of not less than fourteen days shall

be given of the meetings of the Board or the Committee of Appeal,

as the case may be, in such manner as the Board or the Committee

of Appeal may deem appropriate. The parties to the appeal who

have filed an application or a reply in writing and expressed the

intention to make representations shall be invited to do so.

(6) The sittings of the Board or the Committee of

Appeal, as the case may be, shall be open to the public, subject

to the power of the Board or the Committee of Appeal to exclude

any member of the public if it deems it necessary to do so for the

maintenance of order or for public security reasons.

(7) The Board or the Committee of Appeal, as the case

may be, shall endeavour to give its decision within three months of

the first sitting in a case.

(8) The Board or the Committee of Appeal, as the

case may be, may appoint experts and may require any department

or agency of Government to provide it with such information as

the Board or Committee of Appeal may deem necessary for the

proper execution of its functions. In the exercise of its functions,

the Board or the Committee of Appeals may summon any person

to appear before it and give evidence and produce documents; and

the Chairperson shall have the power to administer the oath.

(9) Appeals to the Court of Appeal (Inferior

Jurisdiction) from decisions of the Board or the Committee of

Appeal, as the case may be, as provided in sub-article (3) shall be

made by means of an application filed in the registry of that court,

within twenty days from the date on which that decision has been

notified to the parties and such appeals shall be regulated by such

rules of court as may be made in accordance with article 29 of the

Code of Organization and Civil Procedure.

(1) The Director, Building Regulation Office,

or any person duly appointed to act on his behalf, may serve an

enforcement notice in any of the following circumstances -

(a) where the construction of any building or carrying

out of any works to which building regulations apply is

commenced or has been completed or any material change

takes place in the purposes for which any building is used,

which construction, works or change are not carried out in

conformity with building regulations; or

(b) where the building or works are not designed or

have not been, or are not being, constructed or carried out in

conformity with building regulations; or

(c) where the failure to comply with building

regulations results following a decision by the Board not to

grant a dispensation or relaxation pursuant to this Act, which

decision by the Board is final, or following a judgement by

the Court of Appeal (Inferior Jurisdiction), as the case may

be; or

(d) where the Director, Building Regulation Office, is

not supplied with the particulars and, or the documentation

required within the period established by the building control

regulations.

(2) An enforcement notice may be served on -

(a) the owner of the building or works concerned; or

(b) any other person who carried out, or is carrying

out, the works to which the notice applies; or

(c) the occupier or persons making use of the building

who shall immediately inform the owner of the building of

such enforcement notice.

(3) The Director Building Regulation Office, shall

also inform the site manager and the perit responsible for the said

works, if known, that an enforcement notice has been issued by the

Building Regulation Office.

(4) An enforcement notice, in particular and without

prejudice to the other provisions of this article, may-

(a) subject to any relevant dispensation or relaxation

already granted by the Board, according to articles 10 or 13

or by the Court of Appeal (Inferior Jurisdiction), require such

steps as may be specified in the notice to be taken within such

period as may be so specified for the purposes of ensuring

compliance with building regulations, and such notice may

require-

(i) the removal, alteration or making safe of any

structure service, fitting or equipment; or

(ii) the cessation of any works or the doing of

any other thing as may be specified in the notice in

relation to the building or works to which the notice

relates;

(b) prohibit the use of a building, or a specified part

of a building, for any purpose specified in the notice until

the specified measures are taken to the satisfaction of the

Director, Building Regulation Office, by the removing,

altering or making safe of any structure, service, fitting or

equipment or the cessation of any works or by the doing of

any other thing in relation to such building or such specified

part of a building that may be required by the notice.

(5) Subject to sub-article (6), an enforcement notice

shall take effect at the expiration of such period, being a period of

not less than fourteen days beginning on the date of the service of

such notice, as may be specified therein

Provided that where the notice orders the cessation of

any work, it shall have effect immediately.

(6) A person on whom an enforcement notice has been

served pursuant to this article shall comply with the terms of the

notice within the period specified therein.

(7) Where a person fails to comply with the

requirements of sub-article (6), the Director, Building Regulation

Office, or his representative may enter into any building or works

to which the enforcement notice relates and may enter any land as

may be necessary for that purpose, and therein take any action or

do anything required by the notice.

(8) Where, pursuant to sub-article (7), the Director,

Building Regulation Office, or his representative enters into any

building or works to which the enforcement notice relates and

takes any action or does anything in relation thereto, the Director

or his representative may, on satisfying the Court that the person

on whom the enforcement notice was served is either the owner of

the building or a person who carried out the works to which the

enforcement notice relates, or the occupier in terms of article 14

(2)(c) and that such person failed to comply with the requirements

of sub-article (6), recover the costs involved in taking the action as

a civil debt.

(1) Where an enforcement notice is authorised under

this Act to be served on a person, it shall be addressed to such

person and may be served on him in one of the following methods

(a) where it is addressed to such person by name, by

delivering it to him in person;

(b) by leaving it at the address at which such person

ordinarily resides or, in a case where an address for service

has been furnished, at that address;

(c) by sending it by registered mail at the address

where such person ordinarily resides or, in a case where an

address for service has been furnished, at that address;

(d) where the address at which such person ordinarily

resides cannot be ascertained by reasonable enquiry and the

enforcement notice is authorised to be given in respect of

any particular building or works, by delivering it to a person

residing in such building or employed on such works or by

affixing it in a conspicuous place on or near such building or

works.

(2) Where an enforcement notice is authorised by this

Act to be served on or given to the owner of a building or works

or a person who carried out or is carrying out the works to which

building regulations apply, and the name of such person cannot be

ascertained by reasonable enquiry, the notice may be addressed to

“the owner”, “the occupier”, or “the person concerned executing

the works”, or “the site manager” as the circumstances may

require, without naming such owner or person.

(3) For the purposes of this article, a company

registered under the Companies Act shall be deemed to be

ordinarily resident at its registered office, and every other body

corporate and every unincorporated body shall be deemed to be

ordinarily resident at its principal office or place of business.

(4) Where an enforcement notice is served on or given

to a person pursuant to sub-article (1)(d), a copy of the notice shall,

within two weeks thereafter, be published in at least three daily

newspapers.

(5) All expenses reasonably incurred by the Director

Building Regulation Office in the exercise of his powers under

this article shall be recoverable as a civil debt by the Building

Regulation Office, from the owner of the building concerned

subject to such right of recovery such person may have against any

other person.

(6) A person who at any time after a notice is affixed

pursuant to sub-article (1)(d), removes, damages or defaces the

notice without lawful authority shall be guilty of an offence against

this Act.

(1) Any authorised person shall be entitled to enter,

at all reasonable times, into any land or building, subject to

his producing, a means of identification and if so required, the

authorisation in writing and thereon inspect for the purposes of this

Act any building, permanent building installations and any plans or

documents relating to such building.

(2) Any authorised person may -

(a)

inspect any building -

(i)

following its completion; or

(ii) during

its

construction,

alteration

or

extension; or

(iii) during the installation therein of any fittings,

services or equipment to which building regulations

apply; or

(iv) in respect of which any material change takes

place in the purposes for which such building is used;

(b) require to be informed by the owner or

occupier of such a building, or by any person responsible

for the construction of such a building, or by any of the

aforementioned persons, to the extent that such persons have

knowledge of the matters in question, as to the purpose for

which the building, or any part thereof, has been, is being,

or will be, used, the number of persons who are, or will be,

employed or accommodated therein or who resort or will

resort thereto, the material with which any such building or

any part of such building is constructed, and the method of

construction employed and as to any other matter which the

authorised person considers to be relevant;

(c) require the owner or occupier of the building, or

any person responsible for the construction of the building,

to provide such plans, documents and information as are

necessary to establish whether the requirements of building

regulations are being complied with in relation to the

building;

(d) take such samples of the materials used in the

carrying out of any construction work or take such other

action in relation to such construction work as may be

necessary to establish whether the requirements of building

regulations are being complied with in relation to the

building.

(3) An authorised person shall be entitled to be assisted

by such persons and bring with him such equipment as he considers

necessary to enable him to exercise the powers under this article.

(4) Any person who -

(a) refuses to allow an authorised person to enter any

land or building; or

(b) obstructs or impedes an authorised person in the

exercise of any of the powers conferred on him by this article;

or

(c) wilfully or recklessly gives, either to an authorised

person, or to the Building Regulation Office, or to the Board,

any information which is false or misleading in a material

respect, shall be guilty of an offence against this sub-article.

(5) Where an authorised person is prevented from

exercising his power of entry into any land or building in the

exercise of his powers under this article, the Building Regulation

Office, or the Board, as the case may be, may request the assistance

of the police.

(6) Nothing in this article shall empower an authorised

person to enter into or to inspect any plans or documents relating to

land or building which is in the occupation of the Armed Forces of

Malta or the Malta Police Force, or Correctional Facilities or such

other building that the Minister may designate in writing from time

to time, if in the opinion of the respective commanding officers

such inspection of documentation would breach security.

For the purposes of articles 14, 15 and 16 of this Act,

the Director or any authorised person shall not be liable for any

damages to any person or any property as a result of the exercise of

his powers under the aforementioned articles, or attributable to the

performance of his duties imposed by this Act, unless it is proven

that such damage resulted from bad faith and gross negligence on

the part of the Director or such authorised person.

PART IV

Miscellaneous Provisions

(1) Without prejudice to any other information

requirements emanating from any other applicable law, it shall

be unlawful for any person to engage a building contractor or

building tradesperson to undertake any works falling under these

regulations without making an agreement as to the price to be

charged in respect of material to be supplied and the price of the

service or work to be done, and if an exact price cannot be quoted,

the method for calculating the price or a detailed estimate. Such

agreement shall result either from a public deed or from a private

writing.

(2) A person shall not be acting in breach of the

provisions of sub-article (1) if during the execution of the works,

for which there is an agreement according to that sub-article,

there results the need for the provision of extra materials, services

or works to be carried out or variations in works from those

mentioned in said agreement.

(3) The Minister may, following consultation with

the Board or with any Government department or body corporate

established by law, as the said Minister may deem competent

on the matter, issue guidelines on the format and content of the

agreements referred to in sub-article (1) and such guidelines may

list the materials to be supplied or work to be done for which the

two parties have to agree a price.

The Minister may, following consultation with the

Board, by order prohibit the use of such materials or classes of

materials or such form of construction or such type of equipment,

fittings or services in relation to such class or classes of buildings

or to such class or classes of works as may be specified in the order,

if he is satisfied that such use would be a danger to public health

or safety or that such use would contravene any provision of the

building regulations made under article 6 and may by a subsequent

order amend or revoke such an order.

(1) A document purporting to be a copy of an entry in

a register or to be a copy of a document lodged with the Board, or

the Building Regulation Office, and which is certified by an officer

of the Board or the Building Regulation Office, as the case may be,

to be a correct copy of such entry or document, shall be prima facie

evidence of the entry or the document of which it purports to be a

copy and it shall not be necessary to prove the signature of such

officer or that he was in fact such officer.

(2) Evidence of an entry in a register may be given by

the production of a copy of such entry, certified in accordance with

the provisions of sub-article (1), and it shall not be necessary to

produce the register itself.

Any technical guidance document or methodology

issued in connection with this Act may be issued in either the

Maltese or English language only, or both.

PART V

Offences and Penalties

(1) Without prejudice to any other provisions under

this Act, or other provisions of regulations, made under this Act,

which the Director is entitled to enforce, the Director shall have

the power to impose in respect of any person who infringes any

provision of this Act or of any regulations made thereunder, or who

fails to comply with any directive or decision given by the Director

or the Board, whether under this Act, or regulations prescribed

thereunder, or under any other law which the Director is entitled to

enforce, an administrative fine using such procedures as established

in this Act or regulations made thereunder.

(2) An administrative fine imposed shall not, unless

provided otherwise by or under this Act, exceed two hundred

thousand euro (€200,000), and two thousand euro (€2,000) each

day, in the case where the infringement persists

Provided that all the fines provided for in this article

shall be due to the Government as a civil debt and following the

service of a judicial act, in terms of article 466 of the Code of

Organization and Civil Procedure, which is either not opposed or

the opposition of which is denied, according to the provisions of

the said article, the same administrative fine shall constitute an

executive title for all the effects and purposes of Title VII of Part

I of Book Second of the Code of Organization and Civil Procedure.

(1) Any person who -

(a) being an applicant, makes a false declaration for

the purposes of any application made under the provisions of

this Act, or

(b) supplies false or misleading information in

contravention of article 16(4)(c),

shall be guilty of an offence against this Act and shall be liable,

on conviction, to a fine (multa) not exceeding one thousand five

hundred euro (€1,500), without prejudice to any other punishment

for which the applicant may have become liable under any other

law.

(2) Any person who fails to comply with an

enforcement notice issued under this Act in accordance with article

14(6) shall be liable on conviction to a fine (multa) not exceeding

one thousand two hundred euro (€1,200), and in the case of a

continuing offence, to a further fine (multa) of one hundred euro

(€100) for each day during which the offence continues.

(3) Any person who refuses to allow an authorised

person to enter any land or building, or obstructs or impedes

an authorised person in the exercise of any of that authorised

person’s powers shall be guilty of an offence and shall be liable

on conviction to a fine (multa) not exceeding two thousand four

hundred euro (€2,400), and to a further fine (multa) of two hundred

euro (€200) for each day the offence continues.

(4) Any person who is convicted of an offence

under article 16(4) may also, at the request of the prosecution, be

disqualified from signing and submitting to the Director, Building

Regulation Office, for a period not exceeding two years from

the date of conviction for the offence, certificates of compliance

or fire safety certificates, or any other certificate required in

accordance with this Act or any other regulations made thereunder

and, accordingly, the Director, shall not accept certificates for

registration which are signed by a person while so disqualified.

Without prejudice to any other special provisions

of this Act, the Minister may, after consultation with the Board,

make regulations which prescribe that the breach of regulations

made under this Act shall constitute a criminal offence and which

prescribe penalties for criminal offences against any regulations

made under this Act, and such regulations may

(a) prescribe imprisonment and different fines (multa)

for different offences; and

(b) prescribe fines (multa) calculated in accordance

with the duration of the commission of the offence

Provided that any such regulations as may be made shall

not provide for

(i) imprisonment for more than two years, or a

fine (multa) of more than two hundred thousand euro

(€200,000); or

(ii) fines of more than five thousand euro

(€5,000) for each day during which the offence persists.

(1) Criminal proceedings for an offence against this

Act shall be taken before the Court of Magistrates (Malta) or the

Court of Magistrates (Gozo), as the case may be, and shall be in

accordance with the provisions of the Criminal Code regulating the

procedure before the said courts of criminal judicature.

(2) Notwithstanding the provisions of the Criminal

Code, the Attorney General shall always have a right of appeal

from any judgement given by the Courts of Magistrates (Malta) or

by the Court of Magistrates (Gozo) in respect of proceedings for

any offence against this Act or any regulations made by virtue of

this Act.

PART VI

Amendment of the Code of Police Laws

(1) With effect from such date as the Minister may,

by order in the Gazette, establish and without prejudice to the

provisions of sub-article (2) of this article, the Minister may by

regulations amend, substitute or repeal any of the provisions of

Part V of the Code of Police Laws.

(2) The Minister may by regulations made under this

sub-article provide for transitory provisions.

(3) In the case of any provision of Part V of the Code

of Police Laws, related to public health matters, the Minister

shall make those regulations with the concurrence of the Minister

responsible for public health.

Part VII

Repeal of the Building (Price Control) Act

(1) Without prejudice to the provisions of sub-article

(2) of this article, the Building (Price Control) Act is hereby being

repealed.

(2) Notwithstanding the coming into force of the

provisions of this Act and the repeal of the Building (Price Control)

Act, the provisions of the Building (Price Control) Act and any

subsidiary legislation enacted under the Building (Price Control)

Act, as in force prior to the coming into force of this Act, shall

continue to apply in respect of any civil or criminal action, right

of action or obligation relating to or arising out of payments due or

made in respect of any material or work supplied or done, prior to

the coming into force of this Act.

PART VIII

Notification

This Act has been notified in terms of Directive 98/34/

EC, as amended by Directive 98/48/EC, as transposed by the

Notification Procedure Regulations, 2003.

The Minister shall not be required to consult the Board

if any regulations made by virtue of articles 4(1), 6(1) and 11(1),

were subject to public consultation prior to the passing of this Act.