ACT No. XIV of 2021 AN ACT to regulate and monitor the building and construction industry, to make provisions for the planning, management and control of the sector and for the establishment of an authority with powers relative to building and construction and for matters related therewith

I assent.

(L.S.)

GEORGE VELLA

President

6th April, 2021

ACT No. XIV of 2021

AN ACT to regulate and monitor the building and construction

industry, to make provisions for the planning, management and control

of the sector and for the establishment of an authority with powers

relative to building and construction and for matters related therewith

or ancillary thereto.

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 and

Construction Authority Act, 2021.

(2) This Act shall come into force on such date as the Minister

may by notice in the Gazette establish, and different dates may be so

established for different provisions or different purposes of this Act.

In this Act, unless the contents otherwise requires

"Authority"

means

the

Building

and

Construction

Authority;

"Board" means the Building and Construction Authority

Board established under Part II;

"building" means any structure resultant from a construction

process;

"building services works" means the installation,

maintenance, repair or removal of mechanical, electrical, gas,

compressed air, hydraulic, telecommunications, computer or

similar services which are normally fixed within or to a building

including any necessary contingent measures to carry out such

works;

"Chief Executive Officer" means the Chief Executive

Office of the Authority appointed under article 14;

"client" means the person in whose name the works are

being undertaken;

"Code" means the National Building and Construction Code

which shall set out the minimum standards for buildings and

works;

"competent person" means a person who shall have

experience and, or training and, or qualifications set out in

regulations made under this Act;

"construction" means any act or engineering operation

necessary for, or related to site improvement, fabrication,

extension, alteration, repair of a building or structure and

"constructed" shall be construed accordingly;

"contractor" means the person engaged by the client who

has the experience and, or training and, or qualifications set out in

regulations made under this Act; and the term "contractor" shall,

for the purpose of this Act, also include sub-contractors;

"contractor’s equipment" means all apparatus, machinery,

vehicles and other things of the contractor required for the

execution and completion of the works and the remedying of any

defects;

"demolition" means the pulling down or removal of

structural elements and other non-structural building components

including any necessary contingent measures to carry out such

works;

"design" includes the preparation of plans, particulars,

drawings, specifications, calculations and other expressions of

purpose by a competent person according to which the permanent

works are to be executed, but shall not include matters relating to

development planning, urban design and aesthetics;

"enforcement notice" has the meaning assigned to it under

Part VI;

"excavation" means the cutting or removal of natural

material or human placed material on land or at sea, including any

necessary contingent measures to carry out such works;

"finishing works" includes any works fixed within or to a

building to make it fit for its intended use including any necessary

contingent measures to carry out such works, but excludes

demolition, excavation, construction and building services;

"functions" includes powers and duties;

"Minister" means the Minister responsible for the

construction industry;

"operative date" means the day on which an instrument

takes legal effect;

"permanent works" means all works to be executed by the

contractor intended to form a continuing function after the

completion of the works;

"prescribed" means prescribed by regulations made by the

Minister under this Act;

"site" means the place where the works are to be executed

and to where the equipment and/or materials and/or workers are

to be delivered;

"temporary works" means all temporary works of every kind

required on site for the execution and completion of the permanent

works and the remedying of any defects;

"Tribunal" means the Building and Construction Tribunal

established under Part VIII;

"works" means the permanent works and the temporary

works, or either of them as appropriate, and include excavation,

demolition, construction, building services works and finishing

works.

PART II

Establishment, Duty and Scope of the Authority

(1) It shall be the duty of every person and entity, whether

public or private, to execute works on a building according to best

industry practices and set standards that also include the respect and

protection of the environment and the immediate surroundings, its users

and the public in general and this after taking into consideration the

respective level of responsibility and obligations expected from the

person and, or entity as the case may be.

(2) It is also essential that any building and construction works

give due regard to and respect the principles of sustainability,

structural integrity, their quality and energy efficiency at its inception,

during construction and use.

The provisions of article 3 shall be applied in the

interpretation of the other provisions of this Act, or of any other law

relating to matters governed by this Act.

There shall be an Authority, to be known as the Building and

of the Authority.

Construction Authority, which shall be responsible for the regulation,

improvement and sustainable management of the building and

construction industry in Malta.

(1) The Authority shall be a body corporate having a

distinct legal personality and, subject to the provisions of this Act, it

shall be capable of entering into contracts, of acquiring, holding and

disposing of property of any kind for the purposes of its functions

of the Authority.

under this Act and any other law, of suing and of being sued, and of

doing all such things and entering into all transactions as are incidental

or conducive to the exercise or performance of its functions under this

Act, including the borrowing of money.

(2) The legal and judicial representation of the Authority shall

vest in the Board

Provided that the Board may appoint any one or more of its

members or any one or more of the officers or employees of the

Authority to appear in the name and on behalf of the Authority in any

proceedings and in any act, contract, instrument or other document

whatsoever

Provided further that in respect of any matter falling within

the functions vested in the Chief Executive Officer, the legal and

judicial representation of the Authority shall also vest in the Chief

Executive Officer.

(1) The Authority shall be the principal means whereby the Functions and

Government shall delegate its duties consequent or incidental to this the

Authority.

Act.

(2)

The functions of the Authority shall include the following

(a) to perform and succeed in the functions which were

previously assigned to the Building Regulation Board and the

Building Regulation Office under the provisions of the Building Cap. 513.

Regulation Act and which are now contained in this Act and to

perform and succeed in the assets, rights, liabilities and

obligations of the Building Regulation Board and Building

Regulation Office established under the provisions of the

Building Regulation Act to the extent that the Minister may

prescribe by regulations under this Act;

(b) to perform and succeed in the functions which were

previously assigned to the Building and Construction Agency

under the provisions of the Building and Construction Agency S.L. 595. 33.

(Establishment) Order and are now contained in this Act and to

perform and succeed in the assets, rights, liabilities and

obligations of the Building and Construction Agency established

under the provisions of the Building and Construction Agency

(Establishment) Order to the extent that the Minister may

prescribe by regulations under this Act;

(c) to perform and succeed in the functions which were

previously assigned to the Masons Board under the provisions of

the Code of Police Laws and are now contained in or under this Cap. 10.

Act and to perform and succeed in the assets, rights, liabilities

and obligations of the Masons Board as established under the

provisions of the Code of Police Laws to the extent that the

Minister may prescribe by regulations under this Act;

(d) to issue and enforce good practice guidelines and

methodologies, policies and regulations aimed towards the

improvement and sustainable management of building and

construction practices in Malta;

(e) to assess requests made by or under this Act and

decide whether to issue the relative certification, order, licence,

permit or exemptions under such conditions as it deems

reasonable, subject to any other provision of this or any other

law;

(f) to provide a centralised office for the receipt and

processing of complaints, reports and assessment of information

related to alleged breaches of the provisions made by or under

this Act, and, if need be, co-ordinate investigations with other

competent authorities;

(g) to promote research, educational, training and public

awareness programs relating to the improvement and sustainable

management of the building and construction industry;

(h) to advise the Minister generally on any matter and

action with regard to the improvement and sustainable

management of building and construction practices in Malta;

(i) to establish long and short term objectives and

strategies for the proper administration of the Authority and the

building and construction industry in Malta;

(j) to monitor the performance, safety and quality of

buildings and constructions in Malta;

(k)

to keep a register of service providers;

(l)

to keep a depository of documentation as provided

by or under this Act;

(m) to collaborate with other agencies, corporations,

authorities, government and non-governmental entities and other

persons for the carrying out of its functions, including but not

limited to enabling it to monitor the implementation of and

compliance with the provisions of this Act;

(n) to enter into arrangements through joint ventures or

partnerships or other agreements with public bodies, public

authorities, government departments, public corporations, local

councils, non-governmental entities, and other body corporates

to assist it in fulfilling its functions, including but not limited

enabling it to monitor the implementation of and compliance

with the provisions of this Act;

(o) to perform any other functions as may from time to

time be delegated to it by Government notice by the Minister on

behalf of any department or agency of Government, and other

matters as may be necessary for the better carrying out of the

provisions of this Act, including the functions required to give

effect to any international obligation entered into by Malta

relative to matters regulated by this Act.

(1) In the pursuance of its functions under this Act, the Conduct and

Authority shall seek to act in the public interest and in line with the affairs

Authority.

best practices and standards.

(2) The Authority shall have the power to regulate its own

conduct including formulating its own rules, schedules and

administrative procedures.

(3) The Authority shall execute its duties, functions and

responsibilities in accordance with Government’s strategic directions

relating to the building and construction industry as communicated by

the Minister.

(1) The Authority shall be governed by the provisions of the Financial

administration.

Public Finance Management Act.

(2) The Authority shall levy all fees, rates and other payments

prescribed or deemed to be prescribed by or under this Act or any other

law related to the powers and functions of the Authority.

(3) The Authority shall be paid by Government out of the

Consolidated Fund such sums as Parliament may from time to time

authorise to be appropriated to meet the costs of specified works to be

continued or otherwise carried out by the Authority

Provided that any subvention received from Government shall

be exempted from any liability for the payment of income tax and duty

on documents under any law for the time being.

(4) Any excess of revenue over expenditure shall, subject to such

directives as the Minister, after consultation with the Minister

responsible for finance, may from time to time give, be applied by the

Authority to the formation of reserve funds to be used for the purposes

of the Authority and without prejudice to the generality of the powers

given to the Minister by this sub-article, any direction given by the

Minister as aforesaid may order the transfer to the Government, or the

application in such manner as may be specified in the direction, of any

part of the fees, rates and other payments levied in accordance with

sub-article (2) or any such excess as aforesaid.

(5) Any funds of the Authority not immediately required to meet

expenditure may be invested in such manner as may from time to time

be approved by the Minister.

(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 Authority, and

which is certified by an officer of the Authority, shall be deemed to be

a correct copy of such entry or document and 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 (l), and it shall not be necessary to produce

the register itself.

(3) In any proceeding or prosecution under this Act, a copy of any

order, notice, decision or other document purporting to have been

made under this Act and purporting to have been signed by the

Chairman of the Board or any person authorised by the Board, shall be

accepted as evidence of the order, notice, decision or other document,

and of the facts appearing therein, without further proof.

(4) The Authority shall ensure that an audit trail of all files,

including all documentation and reports are kept

Provided that files, documentations and reports may be

digitised and the Board may after digitisation dispose of hard copies of

files, documentations and reports after a period of at least five (5)

years from date of submission to or decision of the Authority or to any

other previous entity carrying out the same functions

Provided further that data kept manually or electronically as it

may require from time to time is subject to the Data Protection Act and

the Regulation (EU) 2016/679 of the European Parliament and of the

Council of 27 April 2016 regarding the protection of natural persons

with regard to the processing of personal data and the free movement

of such data, and repealing Directive 95/46/EC.

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

Construction Authority Board appointed by the Minister, which Board

shall exercise all the functions assigned to the Authority or directly to

it by or under this Act as well as those functions as may from time to

time be delegated to it in writing by the Minister as may be necessary

for the better carrying out of the duties of this Act.

(2)

The Board shall be composed as follows

(a)

a person who shall also be the Chairperson of the

Board;

(b) a duly warranted perit with a minimum of seven (7)

years experience;

(c) a duly warranted advocate with a minimum of seven

(7) years experience;

(d) a duly warranted inġinier with a minimum of seven

(7) years experience;

(e) seven (7) persons chosen from amongst persons of

known integrity and with knowledge and experience in any of the

following subjects: commerce, economy, industry, planning and

construction industry, development planning, environment,

historical heritage, cultural heritage and community affairs.

(3) There shall also be a person appointed by the Minister who

shall act as a secretary of the Board.

(4) The members of the Board and the secretary of the Board

shall be remunerated as prescribed by the Minister and hold office for

a period not exceeding three (3) years and may be reappointed for

further periods, not exceeding a total of seven (7) years

Provided that in the event that a member of the Board vacates

his office prior to the expiration of his term of office, the person

appointed in his stead shall be appointed for the remaining period of

the original appointment.

(5) 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

the Chairperson’s temporary absence or inability to act as chairperson,

or while the Chairperson is on vacation, or during any vacancy in the

office of Chairperson.

(6) The Chairperson or any other member of the Board may be

removed from office by the Minister prior to the expiry of his term of

office on grounds of inability to continue to perform the functions of

office or any other reasonable cause.

(7)

If a member resigns or on the expiration of term of office or if

the office of a member of the Board 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, as the case may be;

and any person so appointed shall 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.

(8) The Board may act notwithstanding any vacancy among its

members.

(9) The quorum at all meetings of the Board shall be not less than

half of the voting members plus one.

(10) The decisions of the Board shall be taken by a simple majority

of the votes of the members present during the meeting when the vote

is taken. The Chairperson presiding at the meeting shall have a second

or casting vote.

(11) The Board shall hold such number of meetings as may be

necessary for the performance of its functions, and shall meet not less

than once a month. The Chairperson of his own motion or any two of

the voting members may at any time convene a meeting of the Board.

(12) The Board may consult with any person as well 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.

(13) The Board may appoint consultants to assist it in the

performance of its functions and invite such persons to attend its

meetings.

(14) The Board may decide to hold its meetings in public and, or

through such electronic or other viable means of communication as

it deems appropriate.

(15) The Board may, by written communication, with the approval

of the Minister, delegate any of its powers to any one of the members

or a number of members and, or the Chief Executive Officer or any

other administrative entity established by law or under a law in order to

give effect and discharge effectively and efficiently a n y o f the

functions provided under this Act. The Board shall in its written

communication state clearly the reasons supporting the delegation.

(16) The members of the Board, or any person to whom any duties

are delegated, shall not be personally liable for any damages to any

person or property as a result of the performance of their duties, unless

it is shown that such member or person has acted in bad faith.

(1) When the Board is required to determine an application Determination

or a request made by any person in terms of this Act, hereinafter of

applications.

referred to as "the applicant", the Board shall inform the person

making the application or request of its decision.

(2) Notice of the decision shall be published on the website of the

Department of Information.

(3) A copy shall also be kept in a register which shall be available

for inspection by the public.

(4) The Board has the power to suspend, withdraw, revoke or

cancel any approval and shall immediately inform the applicant

outlining the salient reasons justifying the suspension, withdrawal,

revocation or cancellation, as the case may be.

(5) Notice of the suspension, withdrawal, revocation or

cancellation, as the case may be, shall be published on the website of

the Department of Information.

(6) A copy of the suspension, withdrawal, revocation or

cancellation, as the case may be, shall also be kept in a register which

shall be available for inspection by the public.

(7) Notwithstanding any other provision found in this Act, none of

the powers contemplated in this article can be delegated to any entity or

person that is not the Authority.

(1)

The Board shall also appoint an internal auditor, who Internal auditor.

shall

(a) oversee the systems of internal control and risk

management of the Authority and assist and support the

Authority in discharging its responsibilities in relation thereto;

(b) provide the communication link with external

auditors and evaluate and coordinate the audit and financial

reporting process of the Authority;

(c) scrutinise and evaluate any transaction to be entered

into by the Authority with a value exceeding two hundred and

fifty thousand euro (€250,000); and

(d)

review

and

assess

the

effectiveness

of

the

management of the Authority in its compliance with policies and

in the discharge of its regulatory and compliance functions in so

far as financial matters are concerned.

(2) The internal auditor shall report directly and exclusively to

the Board in accordance with procedures established by the Board.

(1) There shall be a Chief Executive Officer appointed by

the Board, following approval by the Minister, who shall be

responsible for exercising the functions made by or under this Act as

well those functions assigned to him by the Board.

(2) The Chief Executive Officer may exercise any one or more of

the functions or responsibilities either directly or through the

employees or officers within the directorates, units, divisions and

sections which he may set up from time to time in order to assist his

carrying out effectively and efficiently the duties assigned to him

under this Act.

(3) The Chief Executive Officer may appoint any consultant or

consultants to assist him in the performance of the duties assigned to

him under this Act.

(4) The Chief Executive Officer, or his representative, shall have

the right to be present and participate at all meetings of the Board

Provided that the Chief Executive Officer shall not be present

during meetings of the Board or any part thereof in cases of potential

or actual conflict of interest, which he shall be obliged to disclose.

(5) The Chief Executive Officer and, or any person assisting him

in the carrying out of his duties assigned to him under this Act, shall

not be personally liable for any damages to any person or any property

as a result of the performance of their duties, unless it is proven that

such damage resulted from bad faith on their part.

(1) The Authority shall appoint and employ, at such

remuneration and upon such terms and conditions as it may determine,

such officers and employees of the Authority as may from time to time

be necessary for the due and effective discharge of its functions, in

accordance with directives issued under the Public Administration

Act.

(2) In accordance with the provisions of the Public

Administration Act or with the approval of the Prime Minister, the

Authority may request, after consultation with the Minister, that any

public employee shall, from time to time, be detailed for duty with the

Authority in such capacity and with effect from such date as may be

specified in the direction.

(3) Where a public officer is detailed for duty with the Authority

such officer shall, during the time in which such direction is in force,

be under the administrative direction and control of the Authority but

shall otherwise remain and retain all rights and duties as a public

officer, and for the purpose of any law relating to government service

pensions, service with the Authority shall be deemed to be service with

the Government.

(1) Where any member of the Board, an employee, Conflict of

consultant, advisor or other person engaged by the Authority, has a interest.

personal or direct financial interest in any matter which is to be

considered by the Authority through his direct involvement, upon

becoming aware of such interest, he shall neither influence nor seek to

influence the processing and the decision in relation to such matter and

shall take no part in any consideration of such matter.

(2) Where a person to whom sub-article (1) applies fails to make

the required disclosure, the Board shall decide the appropriate action

to be taken which may include, after concurrence from the Minister,

the removal from office or termination of the contract of the person

concerned.

(1) Without prejudice to the provisions of the Interpretation Power of the

Act, any power conferred by this Act to issue licences, to make Minister

make

regulations, rules, orders, lists, schedules and any other instrument of regulations.

like nature, includes the power from time to time to revoke, replace,

amend, alter, add to or delete from any such instrument as aforesaid.

(2) The Minister may, after consultation with the Board, make

regulations in relation to any matter relating to the improvement and

sustainable management of the building and construction industry in

Malta so long as such regulations are in line with the objectives of this

Act.

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

regulations under this article may provide for all or any of the

following

(a) delineate the obligations, duties and responsibilities

of the various stakeholders in the building industry in Malta;

(b) prescribe the form of any notice, order, application

form or other document authorized or required by this Act to be

made, served or given;

(c)

establish offences and the relative punishments in

relation to matters falling under Part V;

(d) provide for the procedures as may be required for the

performance of the functions of the Authority as well as the fees

and contributions chargeable therefor;

(e) prescribe what type of information held by the

Authority shall be accessible to the public as well as to establish

procedures for data processing, accessing, analysing, collection,

verification and deletion of any information;

(f) give effect to any international treaty or instrument,

including directives, regulations and decisions, relating to any

matter governed by this Act;

(g) prescribe the setting up of a Third Party Protection

Fund which shall be used to provide injured third parties with

temporary accommodation and other basic needs when such needs

are occasioned by an accident resulting from the works;

(h) prescribe regulations for any other purpose for which

regulations are authorised or required to be made;

(i) prescribe regulations for any other matter relating to

attaining the objectives of this Act.

(4) Regulations made under this article shall always contain

provisions to outline

(a) the types, classes or descriptions of buildings and

constructions to which the regulations apply, including whether

any provisions contained therein, may be made so as to apply

generally, or with regard to any area specified in the regulations;

(b) the operative date on which the regulations come in

force, which date shall be published in the Gazette;

(c) whether the provisions, or part thereof, apply

retroactively or prospectively from the operative date.

PART III

National Building and Construction Code

(1) There shall be a National Building and Construction

Code, which shall set out the minimum standards pertaining to buildings

and works.

(2)

The Code shall aim towards covering different aspects of

regulation, improvement and sustainable management of the building

and construction industry in Malta, which should include, but not

necessarily be limited to, building regulations, including structural

integrity of sites and buildings, fire safety, site preparation and

resistance to contaminants and moisture, demolition and excavation

practices, dealing with toxic substances, resistance to the passage of

sound, ventilation, sanitation, hot water safety and water efficiency,

drainage and waste disposal, heat producing appliances and fuel

storage system, protection from falling, collision and impact,

conservation of fuel and power, access to and use of buildings, glazing

(safety in relation to impact, opening and cleaning), electrical safety,

security; materials and workmanship; and construction regulations,

including health and safety in and around sites; site operations;

execution of permanent and temporary works, including shoring,

propping, scaffolding, hoarding, and formwork; noise abatement;

environmental protection; waste reduction and disposal; machinery,

plant and equipment.

(3) The Code shall be based on the principle that ensures the

sustainable and safe execution of works and use of buildings and their

management with the purpose of achieving the building’s optimum use

for its purpose, also taking account of the socioeconomic factor and

other national policies and plans.

(4) (a) The Authority shall review the Code at least every ten

(10) years to reflect the developments in the industry.

(b) Every such review shall be made in accordance with

national needs and objectives as may be approved by the Minister and

shall come into force on the date of publication on the Gazette.

(c) In order to achieve the objectives set out in this article,

the Minister may take the necessary measures intended to coordinate

and improve the impacts of other sectoral policies and their relation to,

or inclusion in, the Code.

(5) The Authority shall be duly authorised to amend the Code as

necessary to be in compliance with local or European Union

regulations.

PART IV

Licence to provide certain services

No person shall carry out any of the activities which the Requirement to

Minister shall by means of regulations prescribe unless he is qualified be

in possession of

to carry out such activities as required by these same regulations.

a licence.

A licence may be suspended, revoked or cancelled as the case

may be may if the holder has been found by the Authority to be in

breach of the provisions of this Act due to any of the following

(a) dishonesty, misconduct or negligence in the course of

any undertaking in virtue of the licence;

(b) non-compliance with regulations, policies or

guidance documents with respect to standards or practices; or

(c) failure to comply with any condition imposed or

instructions made under the provisions of this Act; or

(d) where the holder of the licence or permit has been

found guilty by a competent court of an offence under the

provisions of this Act or of any regulations made thereunder.

PART V

Exemptions

(1) The Board shall, following a request from an interested

person, consider that the adoption of a requirement consequent or

incidental to this Act is unreasonable in relation to the particular case

to which the request relates, and shall give a direction exempting from,

dispensing or relaxing that requirement, subject to any additional

conditions as it deems fit

Provided that the said exemption is one of those prescribed by

regulations issued by the Minister.

(2) An application pursuant to this article may be in such form

and shall contain such particulars as may be prescribed.

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

justification outlining the reasons why an exemption or relaxation

should be warranted by the Board.

(4) Before considering any request made in accordance with this

article, the Board shall order the notification of all the persons who in its

opinion to have a direct interest and subsequently shall receive the

submissions from such persons.

(5) The Board shall process and determine the application within

ten (10) working days from the filing of the application and a decision

delivered within the next ten (10) working days. Nevertheless, the

Board may on one occasion only extend each of the said terms by a

further ten (10)-day term.

(6)

The exemption, dispensation or relaxation may be

(a)

unconditional; or

(b) subject to compliance with any such condition as

may be specified in the direction, being conditions on matters

directly connected with the exemption, dispensation or

relaxation.

(7)

The exemption under this article

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

of such period as may be specified in the exemption; and

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

of the Board.

PART VI

Enforcement

(1) The Authority shall have the power to assess whether Monitoring and

any activity is compliant with the provisions of this Act and, or enforcement.

regulations made thereunder.

(2) For the purposes of this article, the Chief Executive Officer or

any person or persons authorised by him to that effect shall, upon

production of proof of their identity, have the right to enter and inspect

any building or site at all reasonable times without any other

formalities required by any other law and request any information

insofar as it is needed to ensure compliance with this Act or any

regulations made under this Act, including to verify and audit any

document submitted to the Authority

Provided that in cases where the Chief Executive Officer

believes that there is an imminent danger, any authorised person may

enter the building or site at any time

Provided further that 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.

(3) Where the Chief Executive Officer or any person or persons

authorised by him are prevented from exercising his power of entry

into any land or building in the exercise of his powers under this

article, the Authority, as the case may be, may request the assistance of

the police.

(4) Any verbal order issued the by the Chief Executive Officer or

any person or persons authorised by him shall be followed in writing

within twenty-four (24) hours by an enforcement order issued under

articles 23, 24 and 25.

(5) The Chief Executive Officer or any person authorised by him

may also

(a) examine any article, product, or take samples of the

materials used in the carrying out of any work or take such other

action in relation to such construction work as may be necessary

to establish whether the requirements set out in this Act or under

this Act are being complied with in relation to the building and,

or works;

(b) examine any article, product, or take samples of the

materials used in the carrying out of any 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 and, or works;

(c) take surveys, photographs or video or use any type of

equipment to help in the investigations which may be produced

as evidence;

(d) give all necessary orders, including the immediate

closure of a site or part thereof and cessation of works in part or in

full in case of imminent danger or in the public interest;

(e) require the owner or occupier of the building, or any

person responsible for the works, to provide such plans,

documents and information as are necessary to establish whether

the requirements of the matters regulated by this Act and

regulations made thereunder are being complied with in relation

to the building, development, works, installation and services;

(f)

do anything that is ancillary or consequential

thereto.

(6) For the purposes of this Act, the Chief Executive Officer or

any authorised person shall not be personally liable for any damages to

any person or any property as a result of the exercise of his powers

under this article, unless it is proven that he has acted in bad faith.

(7)

The Chief Executive Officer or any person authorised by him,

notwithstanding any other law, shall have the right to assist the police

in the conduct of prosecution for offences under this Act and to plead

the case on behalf of the prosecution.

(1) The Authority may issue and serve an enforcement Enforcement

notice where an activity is not compliant with the provisions of this notices.

Act and, or regulations made thereunder.

(2)

An enforcement notice made under this article shall contain

(a) a detailed description of the infringements being

alleged;

(b)

the date on which the notice takes effect;

(c) the instructions to be adhered to for compliance

purposes;

(d)

the amount of administrative fine, if applicable;

(e) the details of the person who is liable for the detected

infringement;

(f) a period within which the Authority may allow the

offender to remedy the situation without having to pay the

administrative fine;

(g) indication that the notice may be appealed before the

Tribunal within twenty (20) days from the date of publication of

the notice on the website of the Department of Information and

that where the notice orders the cessation of any work, it shall

have effect immediately, and the effect of this notice will not be

suspended by the lodging of an appeal.

(3) Without prejudice to the other provisions of this article, the

instructions to be adhered to for compliance purposes may

(a) 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 this Act or regulations

made thereunder, 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 Authority,

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;

(c) prohibit the use or the removal of any type of vehicle,

plant or machinery that may contravene any of the provisions of

this Act or regulations made thereunder

Provided that when the illegal activity is limited to part of the

site, the Authority may in its discretion issue a partial enforcement

notice requiring the immediate cessation of the activity only in relation

to that part of the site and not in relation to the whole site.

An enforcement notice shall be served on

(a)

the owner of the site or building concerned; and, or

(b)

the occupier of the site or building concerned; and, or

(c)

the contractor; and, or

(d) any other person who is responsible or involved in

the monitoring or the execution of the works in the site or

building concerned; and, or

(e)

the client

Provided that "person" shall also include a legal person.

(1) Where an enforcement notice is authorised under this

Act, notice thereof shall be published on the website of the Department

of Information.

(2) A copy of the notice shall also be served using any of the

following methods

(a) where a person is known by name, by delivering it to

him in person or leaving it at the address at which such person

ordinarily resides or, where an address for service has been

furnished, at that address or by sending it by registered mail at

the address where such person ordinarily resides or, where an

address for service has been furnished, at that address; or

(b)

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 carrying out such works or by affixing it in a

conspicuous place on or near such building or works and keeping

it so affixed for a period of not less than five (5) working days;

(c) 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", as the circumstances may

require, without naming such owner or person.

(3) For the purpose of this article, serving of the notice to a body

having a distinct legal personality shall be effected according to sub-

article 187(4) of the Code of Organization and Civil Procedure.

(4) A person who at any time after a notice is affixed pursuant to

sub-article (2)(b) removes, damages or defaces the notice without

lawful authority shall be guilty of an offence against this Act.

Notwithstanding the provisions of sub-article (2), a notice is

deemed to have been served to the person or persons indicated in the

notice on the day notice thereof is published on the website of the

Department of Information.

(1) A person on whom an enforcement notice has been Non-compliance

served shall comply with the terms of the notice within the period with the notice.

specified therein.

(2) Where a person fails to comply with the requirements of an

enforcement notice, the Chief Executive Officer, or his representative,

may enter into any building or site to which the enforcement notice

relates without any other formalities required by any other law and

take any action or do anything required by the notice, including the

closure or sealing off of the building or site, or other action as required

by circumstances and may for such purpose request the assistance of

the police which shall for such purpose exercise such powers as are

vested in them for the prevention of offences and the enforcement of

law and order.

(3) Notwithstanding the provisions of any other law and saving

the provisions of article 46 of the Constitution and article 4 of the

European Convention Act, no precautionary warrant or other order Cap. 319.

shall be issued or made by any court restraining the Authority from the

exercise of any of the powers conferred upon it by this article.

(4) If any steps or other action, including any discontinuance,

stoppage or similar requirement, required to be taken by an

enforcement notice have not been taken within the time specified

therein, the Authority may enter on the land or the area at sea and take

such steps or other action as aforesaid without any other formalities

required by any other law, including the disabling or removal of any

equipment, machinery, tools, belongings, vehicles or other objects that

may be on site and the carrying out of any works necessary to comply

with what is requested in the enforcement notice and may for such

purpose request the assistance of the Police Force, the Armed Forces,

any local council, any department of Government or any agency of

Government, and the Police Force and, or Armed Forces and, or other

entity shall for such purpose exercise such powers as are vested in

them at law, on the demand of the Authority for assistance.

(5) All expenses reasonably incurred by the Authority in the

exercise of its powers with respect to enforcement notices shall be

recoverable by the Authority.

(6) The Authority may recover the costs involved in taking the

action required under this Part as a civil debt, 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, and according to the provisions of the said article,

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.

(7) The Authority may register on the property in which the

illegalities took place a caution on the property in terms of the Land

Registration Act.

(8) The Authority shall have the power to impose, in respect of any

person who infringes any provision of this Act, an administrative

penalty according to the provisions in regulations made thereunder,

which shall not exceed five hundred thousand euro (€500,000), and

five thousand euro (€5,000) each day, in the case where the

infringement persists

Provided that all the penalties 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 penalty shall constitute an executive title for all

effects and purposes of Title VII of Part I of Book Second of the Code

of Organization and Civil Procedure.

(1) Without prejudice to any other special provisions of this Power of

Act, the Minister may, after consultation with the Board, make Minister

make

regulations which prescribe that the breach of regulations made under regulations

respect of

this Act shall constitute a criminal offence and which prescribe criminal

penalties for criminal offences against any regulations made under this offences.

Act.

(2) Any such regulations may prescribe imprisonment and

different fines (multa) for different offences and 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 (2) 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.

Criminal proceedings for an offence against this Act shall be Criminal

taken before the Court of Magistrates (Malta) or the Court of proceedings.

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.

Notwithstanding the provisions of the Criminal Code, the Right of appeal

Attorney General shall always have a right of appeal from any of

General.

judgement given by the Courts of Magistrates (Malta) or by the Court Cap. 9.

of Magistrates (Gozo) in respect of proceedings for any offence

against this Act or any regulations made under this Act.

Notwithstanding any other law providing for the trial and Issue of

punishment of offences, where the Authority believes that a person has enforcement

notice.

committed an offence against this Act, the Authority may issue an

enforcement notice in terms of articles 23, 24 and 25.

Any person who is convicted of a criminal offence in terms of Disqualification.

or under this Act may also, at the request of the prosecution, be

disqualified according to regulations made under this Act from

providing his services which are recognised by, or under this Act.

PART VII

Register

The Authority shall keep a register of

(a)

decisions taken by the Board in terms of article 12;

(b) details of the registered service providers as

established by regulations made under this Act and such details

shall include disqualifications made in terms of article 31;

(c)

details of the exemptions granted in terms of article

21;

(d)

details of the enforcement notices issued under this

Act;

(e)

decisions taken by the Tribunal;

(f) copy of commencement notices, method statements,

condition reports, compliance certificates;

(g)

any other documentation prescribed by or under this

Act.

The register shall be made available for public inspection at

such reasonable times as may be determined by the Authority.

PART VIII

Building and Construction Tribunal

There shall be an independent and impartial Tribunal, known

as the Building Construction Tribunal which shall hear and decide on

appeals made by a person aggrieved on points of law and, or points of

fact on any order, ruling or decision of the Authority. The Tribunal

shall not be subject to the control or direction of any other person or

authority.

The Tribunal shall be composed of an advocate, a perit and a

warranted inġinier, all of whom shall have a minimum of three (3) years

experience. The said advocate shall act as Chairperson and shall preside

over the sittings of the Tribunal.

The members of the Tribunal shall be appointed by the

President of Malta on the advice of the Prime Minister for a period of

three (3) years, and may be reappointed for further periods as the

Prime Minister may deem appropriate.

The Tribunal may appoint any other suitably qualified person Appointment of

having qualifications or experience on the subject in dispute to act and qualified

experienced

assist it in the proceedings

persons by the

Tribunal,

Provided that the Tribunal shall not be bound to abide by the

opinion of the said appointed persons.

The Tribunal shall have an administrative secretariat, Administrative

consisting of a secretary and such other officers or employees as may secretariat

Tribunal.

be necessary for a prompt and efficient determination of the matters

within the Tribunal’s jurisdiction. The secretary and the other members

of the secretariat shall be appointed by the Minister.

The expenses incurred in connection with the administration Payment of

of the Tribunal, including the payment of the honorarium to the salaries.

Chairperson and members of the Tribunal and the salary of the

Tribunal’s Secretary and the Tribunal’s staff shall be paid out of the

Consolidated Fund without the necessity of any further appropriation.

The Tribunal shall hold its hearings in public, physically or by Hearings of the

virtual means, and may establish its own procedure, however in full Tribunal.

adherence with the principles of good administrative behaviour found

in the Administrative Justice Act.

The Tribunal shall have the power to administer the oath to Power of the

Tribunal to

any witness or person appearing before it.

administer oath.

The parties to the appeal may be represented by any agent and Representation

of parties during

also assisted by any agent.

the appeal.

(1) An appeal shall be made not later than a period of Appeal to the

twenty (20) days after notice of the order, ruling or decision is made on Tribunal.

the website of the Department of Information.

(2) The date of the first hearing shall not be later than twenty (20)

days from the date the appeal is filed.

(3) The Tribunal shall grant its final decision on the appeal within

one hundred and twenty (120) days from when it holds the first

hearing, which period may be extended only once by a further period

of thirty (30) days in exceptional circumstances, in the interest of

justice.

(1)

The appeal shall be in a form of an application, and Form of appeal.

shall

(a) make reference to the Authority’s decision appealed

from, and a copy thereof;

(b) distinctly state the heads of the decision complained

of under different headings, together with reasons under each

heading for which the appeal is entered;

(c) state specifically the manner in which it is desired

that the decision be varied under each heading;

(d) include all documentation which is relevant for the

grounds of appeal; and

(e) be accompanied with the payment of the appeal fee

as may be prescribed by regulations made under this Act.

(2) Notice of such an application shall be served on the

Chairperson of the Board who, in turn, shall be entitled to file a written

reply not later than ten (10) days before the date of the first hearing.

An appeal shall not suspend the effects of the appealed

decision

Provided that the appellant may request the suspension of the

order, ruling or appealed decision pending the determination of the

appeal.

The Tribunal 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 and published on the website

of the Department of Information.

The decisions of the Tribunal shall be final except that there

may lie an appeal to the Court of Appeal (Inferior Jurisdiction) on a

point of law, which appeal shall be made within twenty (20) days from

the day the decision is delivered in public by the Tribunal. 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.

The Minister may, with effect from such date as may be

established by notice in the Gazette, repeal the Building Regulation

Act and the Building and Construction Agency (Establishment) Order

Provided that different dates, rules and procedures may be so

established for the revocation and, or applicability of different

provisions thereof.

(a) Any order, rule, regulation, bye-law, notice, plan or

policy or other instrument having the force of law made under

the authority or kept in force under any of the provisions of the

Building Regulation Act shall continue to be in force and shall

continue to have effect as if made under this Act and may be

amended, substituted or revoked accordingly

Provided that in the case of any such licence,

permission, order, notice or certificate issued as operative for a

specific period, such licence, permission, order, notice or

certificate shall remain operative for such a period from the date

such licence, permission, order, notice or certificate was issued.

(b) The provisions of the Building Regulation Act and Cap. 513.

any subsidiary legislation enacted under the said 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.

(c) In so far as consistent with the generality of the

provisions contained in this Act, nothing in this Act shall

prejudice, or be held or construed as prejudicing, the validity of

any act done, or exempt any one from doing anything omitted to

be done, or any vested rights arising under any law repealed by

this Act, or any regulation, directive, order or rule made

thereunder

Provided that the effect of any such act or omission

shall continue, on the coming into force of this Act, as if done

hereunder.

(d) Any reference in any law to the Building Regulation Cap. 513.

Act or to any regulation, directive, order or rule made thereunder

shall be deemed to be a reference to this Act or any other law

which may from time to time amend, supplement or substitute it.

Passed by the House of Representatives at Sitting No. 445 of the

24th March, 2021.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€2.70