BUILDING REGULATION ACT

CHAPTER 513

BUILDING REGULATION ACT

To provide for matters relating to the construction of buildings and

other matters connected therewith and to make consequential and other

amendments.

28th November, 2011 *

ACT XII of 2011 and Legal Notice 410 of 2021.

The short title of this Act is the Building Regulation 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

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 inconnection with,

providing heat or ventilation or producing hot water in buildings.

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,

*See article 1(2) of the Act as originally enacted, and Legal Notice 467 of 2011.

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;

"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;

"inġinier" has the meaning assigned to it in the Inġiniera Act;

"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. Such person shall be nominated by,

and be responsible on behalf of, the owner for ensuring the correct

implementation of the aforementioned regulations;

"technical guid ance 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 Inġiniera 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

t h e B o a r d e ff i c i e n t l y i n t h e m a t t e r s w h i c h f a l l w i t h i n i t s

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 w arran ted engin eer o r an y ot her suitab ly quali fied

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) 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

(Repealed by Legal Notice 410 of 2021).

(Repealed by Legal Notice 410 of 2021).

PART II

Building Regulations

(Repealed by Legal Notice 410 of 2021).

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

R e g ul a t i o n O ff i c e , a n d p u bl i s h s u c h no t i c e i n a t l e a s t t w o

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

(Repealed by Legal Notice 410 of 2021).

(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,

ma y sub m it an ap pe al t o th e Board in a ccord ance 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 ofsub-article

(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

r e g u l a t i o n s a p p l y, a n d t h e n a m e o f s u c h p e r s o n c a n n o t b e

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

r e a s o n a b l e t i m e s , i nt o a n y l a n d o r b u i l d in g , s ub j e c t t o h i s

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, 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)

(Repealed by Legal Notice 410 of 2021).

(Repealed by Legal Notice 410 of 2021).

(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.

(Repealed by Legal Notice 410 of 2021).

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

(Repealed by Legal Notice 410 of 2021).

Part VII

Repeal of the Building (Price Control) Act

The provisions of the Building (Price Control) Act * and

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.

PART VIII

Notification

(Repealed by Legal Notice 410 of 2021).

(Repealed by Legal Notice 410 of 2021).

*Repealed by sub-article (1) of this article as originally enacted - the said sub-article

has been omitted under the Statute Law Revision Act, 1980.

BUILDING REGULATION