Buildings Regulations, 2006

L.N. 238 of 2006

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Minimum Requirements on the Energy Performance of

Buildings Regulations, 2006

IN exercise of the powers conferred by article 28 of the Malta

Resources Authority Act, the Minister for Resources and Infrastructure,

after consultation with the Malta Resources Authority, has made the

following regulations>-

(1) The title of these regulations is the Minimum Title,

Requirements on the Energy Performance of Buildings Regulations, commencement

applicability.

2006. (2) These regulations shall come into force on such date as

the Minister responsible for the Malta Resources Authority may by order

determine and different dates may be appointed in respect of different

regulations.

(3) The Minimum Requirements on the Energy

Performance of Buildings as hereinafter referred to as Technical

Guidance Document F notified in the Gazette, shall apply to new

buildings and existing buildings that undergo major renovation or

alteration, whose building permit applications in terms of regulation

3(1) of the Development Permission (Method of Application) L.N. 133 of 1992.

Regulations, 1992, is received by the Malta Environment and

Planning Authority on or after the 2nd January, 2007.

(1) The following definitions shall, unless the context Definitions.

otherwise requires, apply>-

“major renovation or alteration” means a renovation or

alteration>

(a) which effects the building by 25% or more of its

volume before such an intervention< or

(b) where renovation of 25% or more of windows,

roofs or external walls is made, in which case compliance to

these regulations is to be limited solely to the elements that

are being renovated< or

(c) where renovation of 25% or more of any energy

consuming installations for artificial lighting, or heating and

cooling of air or water is made, in which case compliance to

these regulations is to be limited solely to any such installation

that is being renovated or altered.

“the Act” means the Malta Resources Authority Act<

(2) The definitions contained in the Technical Guidance

Document F, which document is referred to in the provisions of sub-

regulation (3) of regulation 1 hereof, shall also apply in respect of these

regulations.

(3) In these regulations any expression which is not defined

shall have the same meaning as it has in the Act.

(1) These regulations aim to improve the energy performance

of buildings in line with the requirements of Directive 2002#91#EC of

the European Parliament and of the Council of 16 December 2002 on

the energy performance of buildings.

(2) These regulations may set out requirements, by means

of any technical guidance document, with regard to the following>

(a) the application of minimum energy performance

requirements for newly constructed buildings<

(b) the application of minimum energy performance

requirements for large existing buildings that are subject to major

renovation<

(c) the general framework for a national methodology for

the calculation of the integrated energy performance of buildings<

(d) the energy performance certification of buildings

referred to in paragraphs (a) and (b) hereof or buildings that change

ownership or are rented out< and

(e) the regular inspection of boilers and of air-conditioning

systems in buildings with regard to reducing energy consumption

and limiting carbon dioxide emissions.

Without prejudice to the provisions of sub-regulation (3) of Exemptions.

regulation 1 hereof, the minimum energy performance requirements

established in these regulations shall not apply to the following categories

of buildings>

(a) a building classified as scheduled property (Grade One)

by the Malta Environment and Planning Authority under article

46 of the Development Planning Act<

(b) a building the construction of which is subject to the

Control of Fireworks and other Explosives Regulations, 1998<

L.N. 243 of 1998.

(c) a building constructed for the Enemalta Corporation, the

Water Services Corporation or any other similar entity, and used

as a generation, transmission or distribution station<

(d) a building, or parts of a building, housing solely

industrial processes which require adherence to specific sectoral

regulations<

(e) temporary buildings with a planned time of use of two

years or less<

(f)

glasshouses used solely for agricultural purposes<

(g) stand-alone buildings with a total useful floor area of

less than 50 square metres<

(h) a building constructed for use by the Armed Forces of

Malta in connection with their military requirements< and

(i) any existing building with a total useful floor area of

less than 1,000 square metres and which is to undergo major

renovation or alteration.

There is no obligation to adopt any solution contained in any Adoption of

minimum

technical guidance document if the relevant requirements of these requirements.

regulations are met in some other way. If, however, a case of an alleged

breach of these regulations occurs, it will then be the responsibility of

the individual to demonstrate by which other means the requirements

have been satisfied.

The guidance contained in any technical guidance document

Application of other

relates only to the particular requirements of these regulations, and any

construction works and the installation of any permanent mechanical

or electrical services shall also have to comply with the requirements of

any other laws and regulations that are operative for the control of

construction works and installations.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press