Energy Performance of Buildings Regulations, 2008

L.N. 261 of 2008

MALTA RESOURCES AUTHORITY ACT

(CAP. 423)

Energy Performance of Buildings Regulations, 2008

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

Resources Authority Act, the Minister for Resources and Rural Affairs,

after consultation with the Malta Resources Authority, has made the

following regulations>

(1) The title of these regulations is the Energy Performance Title and

commencement.

of Buildings Regulations, 2008.

(2) Save as otherwise specified in these regulations, these

regulations shall come into force on such date as the Minister responsible

for the Malta Resources Authority may by order appoint and different

dates may be so appointed in respect of different regulations.

The scope of these regulations is to give effect to the provisions Scope.

of Directive 2002#91#EC of the European Parliament and of the Council

of 16 December 2002 on the energy performance of buildings 1 .

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

otherwise requires, apply.

“the Act” means the Malta Resources Authority Act<

“advisory report” means a report made by an EP assessor,

accompanying an Energy Performance Certificate (EPC), worked

on the basis of an EP assessment of a building or heating or cooling

installation, and containing recommendations on how the energy

performance of the building or heating or cooling installation may

be improved in a cost-effective manner.

“asset rating” means an energy performance rating using data

for the building as actually constructed and based on calculations

of the energy used in a building for heating, cooling, ventilation,

hot water and lighting, with standard input data related to internal

and external climates and occupancy and represents the intrinsic

energy performance potential of the building under standardised

conditions of weather and occupancy<

OJ No. L 1#65, January 2003

“authorised officer” means a person authorised by the

Authority to monitor and enforce these regulations<

“the Authority” means the Malta Resources Authority or any

other entity that is authorised to act on its behalf on matters of

these regulations<

“building” means a roofed construction having walls, for

which energy is used to condition the indoor climate< a “building”

may refer to the building as a whole or parts thereof that have been

designed or altered to be used separately<

“design rating” is an energy performance rating based on

calculations done at the design stage, of the energy used in a

building for heating, cooling, ventilation, hot water and lighting,

with standard input data related to internal and external climates

and occupancy and based on the design characteristics of the

building complete with permanently installed finishes, fixtures,

fittings and mechanical and electrical installations to render that

building habitable and good for its intended use under standardised

conditions of weather and occupancy according to acceptable

comfort norms and other regulations in force at the time of its

design<

“development permission application” means an application

for development permission or approval in terms of regulation 3(1)

of the Development Permission (Method of Application)

Regulations, 1992<

“dwelling” or “dwelling unit” means a suite operated as a

house-keeping unit, used or intended to be used as a domicile and

usually containing cooking, eating, living, sleeping and sanitary

facilities<

“effective rated output”, expressed in kW, means the

maximum calorific output laid down and guaranteed by the

manufacturer as being deliverable during continuous operation

while complying with the useful efficiency indicated by the

manufacturer<

“EP” means energy performance<

“EP assessment” means an assessment of the energy

performance of a building or a mechanical or electrical system

carried out by an EP assessor for the purpose of assigning an EPC<

“EPACI assessor” means a person who is duly registered with

the Authority after the Authority has taken into consideration that

such person is in possession of a degree in building services or

mechanical or electrical engineering conferred by the University

of Malta or an equivalent degree and who has successfully

undergone a period of training on the inspection and assessment

of the efficiency of air-conditioning, space cooling and ventilation

systems, and such training is approved by the Authority<

“EPB assessor” means a person who is duly registered with

the Authority after the Authority has taken into consideration that

such person is in possession of>

(a) a degree in architecture and civil engineering, or

civil engineering, or building services, or mechanical, or

electrical engineering conferred by the University of Malta,

or an equivalent degree, and has also successfully undertaken

a period of training on the assessment of the energy

performance of buildings built in Malta, and such training is

approved by the Authority, or

(b) a registration certificate as an energy performance

of buildings assessor in any EU member state and who has

successfully undergone a period of training on the assessment

of the energy performance of buildings built in Malta, and

such training is approved by the Authority<

“EPBI assessor” means a person who is duly registered with

the Authority after the Authority has taken into consideration that

such person is in possession of a degree in building services or

mechanical or electrical engineering conferred by the University

of Malta, or an equivalent degree, and has successfully undergone

a period of training on the inspection and assessment of the

efficiency of boiler and space heating systems, such training is

approved by the Authority<

“EPC” means an energy performance certificate in a

prescribed form on the basis of an EP assessment, which is held

and may be viewed in electronic form on the EPC register, and

may be reproduced and issued in printed form by or on behalf of

the Authority<

“EPC data file” means an electronic file which contains a

report on the outcome of an EP assessment in a form approved by

the Authority, which is completed by an EP assessor and provided

to the Authority for the purpose of notifying it of the record to be

made or updated on the EPC register in respect of a particular

building, and it shall be deemed to include any calculations and

related data or documents accompanying such report<

“EPC record” means, as the case may be, the current and any

earlier EPC, any advisory report, any EPC data file and any related

data or documents, pertaining to a building or boiler or air-

conditioning installation, as the case may be<

“EPC register” means a database of EPC records and related

data or documents established, operated, maintained and owned

by the Authority for the purpose of these regulations<

“EPC system” means the registers, procedures and rules

established, operated, maintained and owned by the Authority for

the purpose of administering EPCs and related activities in

accordance with these regulations<

“independent EP assessor” means an EP assessor who is not

the owner or tenant of the building being assessed or an employee

of the owner or of any contractor responsible for the construction,

finishing and, or installation of mechanical or electrical services

of a building for which an EPC is being requested or inspection of

boilers, lighting, space heating or space cooling systems is made<

“installation” consists of systems providing artificial lighting,

water heating, space heating or space cooling or space ventilation

in any combination<

“large building” means a building with a total useful floor

area in excess of 1000 square metres<

“major renovation or alteration” means a renovation or

alteration>

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

volume before such an intervention, or

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

roofs or external walls is made, or

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

consuming installations for artificial lighting, or heating or

cooling of air or water or space ventilation is made, or

(d) where a change-of-use development permission

application concerning buildings, is being submitted to the

Malta Environment and Planning Authority, save all

exclusions in regulation 6<

“the Minister” means the Minister responsible for the Malta

Resources Authority<

“new building” or “new public building” means a building

for which a development permission application is submitted to

the Malta Environment and Planning Authority on or after the 2nd

January, 2009<

“non residential building” means any building or any part of

a building which is not used, or is unsuitable for use as a residential

building or dwelling and includes industrial buildings, places of

assembly, offices, schools and shops<

“operational rating“ means an energy performance rating

based on the measured consumption of energy used for lighting,

heating and cooling of water and the internal spaces, and space

ventilation in the building throughout a defined period of time<

“owner” means>

(a) a person who in his own right, or as an agent for

another person, is entitled to receive the rent of the building

or, where the building is not let, would be so entitled if it

were let<

(b) where the building is subject to usufruct, the bare

owner or the usufructuary<

(c)

an emphyteuta<

(d) any one of the spouses, where the building to which

the EPC relates forms part of the community of acquests<

“prescribed” means anything as prescribed by the Minister<

“prospective buyer or tenant” means a person who>

(a) is in the process of entering into a sale agreement

with another person or with the agent of such other person

for the purpose of purchasing a building or

(b) enters into a promise of sale agreement with another

person or the agent of such other person for the purpose of

purchasing a building or

(c) enters into an agreement of rent, whether oral or

written, to rent a building<

“public buildings” means a building or part of a building that

is used by an entity or by persons to provide any service to the

public<

“recognised EP training provider” means>

(a)

the Authority< or

(b) a training provider, who is registered with the

Authority and providing an EP training course that is validated

by the Authority<

“register of EP assessors” means a database of EP assessors

registered with the Authority and related data established, operated,

maintained and owned by the Authority<

“residential building” means a building or any part of a

building which is used, or is suitable, for residential purposes that

has sleeping accommodation and includes a hotel or an institutional

building<

“useful floor area” means the area that is needed to carry out

the activities of the building in question including waiting and

circulation spaces and excluding garages, storage spaces, plant

rooms and yards.

(2) The definitions contained in the Technical Guidance

Document F referred to in regulation 4 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.

These regulations aim to improve the energy performance of

buildings and may set out requirements, by means of any technical

guidance document or otherwise, 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.

Part 1

Minimum Requirements on the Energy Performance of Buildings

(1) The minimum requirements on the energy performance Minimum energy

of Buildings as hereinafter referred to as Technical Guidance Document performance

requirements.

F notified in the Gazette by Government Notice No. 1002 of 2006,

shall apply to the following buildings>

(a) buildings whose development permission applications

in terms of regulation 3(1) of the Development Permission (Method

of Application) Regulations, 1992, was received by the Malta

Environment and Planning Authority on or after the 2nd January,

2007<

(b) existing large buildings that undergo major renovation

or alteration, whose development permission applications in terms

of regulation 3(1) of the Development Permission (Method of

Application) Regulations, 1992, was received by the Malta

Environment and Planning Authority on or after the 2nd January,

2007. In such situations, the minimum requirements are to be

limited solely to the areas of the building, the elements or the

installations that are being altered or renovated as the case may

be<

(c) in situations of a change of use in buildings, and whose

development permission application in terms of regulation 3(1) of

the Development Permission (Method of Application) Regulations,

1992, is received by the Malta Environment and Planning Authority

on or after the 2nd January, 2009.

(2) Large buildings for which an outline or full development

permission applications in terms of regulation 3(1) of the Development

Permission (Method of Application) Regulations, 1992, is received by

the Malta Environment and Planning Authority on or after the 2nd

January, 2009, a study that takes into consideration the technical,

environmental and economic feasibility of alternative energy systems

such as,

(a) decentralised energy supply systems based on renewable

energy,

(b) combined heat and power,

(c)

district or block heating or cooling, if available,

(d) heat pumps under certain conditions<

has to be carried out and made available on request to the Authority or

to the Malta Environment and Planning Authority.

(3) The study referred to under regulation 5 shall be carried

out by persons who are suitably qualified by means of their education,

training and experience, and it shall include specific recommendations

in relation to the utilization of alternative energy systems, including

those specified in this regulation, to serve the building under review.

Notwithstanding the provisions of regulation 5 hereof, the

Non applicability of

minimum requirements on the Energy Performance of Buildings

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<

(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 or agricultural processes or livestock husbandry 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 40 square metres<

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

Malta in connection with their military requirements’

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

technical guidance document issued in connection with these regulations minimum

requirements.

if the relevant requirements of these regulations are complied with in

any other manner. 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

laws and

issued in connection with these regulation relates only to the particular regulations.

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.

Part 2

Energy Performance Certificate

(1) An Owner or his agent has to obtain an Energy Energy Performance

Certificate and

Performance Certificate (EPC) in the form prescribed by these Energy Performance

regulations when a building is constructed, sold or rented.

Assessment.

(2) To be valid, the EPC has to be obtained from an

independent EPB assessor after it is registered with the Authority.

(3) As from the date indicated hereunder, a person or agent

acting on behalf of such person who commissions the design of a new

building shall have in his possession an EPC based on the design rating

of the building and in the form prescribed by these regulations by the

date such person or agent submits a full development permission

application to the Malta Environment and Planning Authority>

Dwellings as from 2 nd January, 2009< and

(a)

(b) All other buildings as from 1 st June, 2009<

(4) As from the date indicated hereunder, a person or agent

acting on behalf of such person who offers for sale or letting a building,

shall provide an EPC to the prospective buyer or tenant within the period

of the promise of sale or at the time of signing of the sale agreement, or

rent agreement. The EPC shall be in the Form prescribed in these

regulations and shall be based on the design rating of the building if the

building is not yet constructed and, or finished or the asset rating, if the

building is already constructed and finished>

Dwellings as from 2 nd January, 2009< and

(a)

(b) All other buildings as from 1 st June, 2009.

(5) In the event that the person or agent indicated in sub-

regulation (4) does not provide the prospective buyer or the tenant with

an EPC within the period indicated in sub-regulation (4) of regulation

9, the buyer or the tenant will have the right to engage an assessor to

issue the necessary certificate and, in all cases, the prospective buyer or

tenant shall have the right to deduct the expenses incurred for the issue

of the EPC from the amount of the sum agreed for the sale or the

payments of the rent due.

(6) Notwithstanding the provisions of sub-regulations 9(1),

9(2), 9(3), and 9(4), the procurement of an EPC shall not apply to the

following categories of buildings>

(a) a building classified as Grade One or Grade Two

scheduled property by the Malta Environment and Planning

Authority under article 46 of the Development Planning Act and

which has a total useful floor area of less than 1,000 square metres

and is occupied by, and is providing services to not more than 500

persons daily<

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

Control of Fireworks and other Explosives Regulations, 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 or agricultural processes or livestock husbandry 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 40 square metres<

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

Malta in connection with their military requirements< and

(i) a building used as a place of worship.

(1) An EPC issued in connection with this part of the Provisions relating

to an EPC.

regulations shall be valid for a period not exceeding ten years from the

date of its first issue, provided that no major renovation or alteration

occur in the building.

(2) (a) The EPC shall include reference values and shall

be accompanied by a recommendation report.

(b) The recommendation report shall indicate cost-

effective measures for improving the energy performance of the building.

(3) Any report or data file in connection with the production

of an EPC must conform to data protection laws currently in force in

Malta.

(4) If after the construction of the building or the installation

of mechanical and electrical services in new buildings it results that

such construction or installation of services is different from the design

on which a design rating EPC has been obtained, a new EPC based on

the asset rating of the building shall have to be secured by the owner

before the expiry of the periods indicated in sub-regulation 9(4). The

provisions of sub-regulation 9(5) shall also apply.

(1) For apartments or dwelling units designed or altered Apartments or

dwelling units

for separate use in blocks having common or identical water heating, designed for

space heating or space cooling systems, the EPC may be issued either separate use.

for the building as a whole or on the assessment of a representative

apartment or dwelling unit in the same block.

(2) For apartments or dwelling units designed or altered for

separate use in blocks that do not have a common water heating, space

heating or space cooling system, the EPC shall be issued for each

individual apartment or dwelling unit.

(1) As from the 2 nd January, 2009, all persons or entities

that are in charge of existing public buildings listed hereunder are to

ensure that an EPC based on the asset rating of the building is

commissioned and displayed at all times in a prominent place which is

clearly visible to the public by not later than the 2 nd January, 2010>

(a) Large buildings (including buildings scheduled as Grade

1 or Grade 2 Buildings) that are used by or are providing services

to more than 500 persons daily<

(b) Commercial banks and post office buildings having a

useful floor area of over 100 square metres irrespective of the

number of persons using or visiting such building<

(c) Showrooms, shops and shopping complexes having a

useful floor area of over 1000 square metres irrespective of the

number of persons using or visiting the building<

(d) Cinemas, dance halls, discotheques, gambling halls and

wedding halls having a total useful floor area of over 500 square

metres irrespective of the number of persons using or visiting the

building.

(2) Persons or entities in charge of new public buildings

shall ensure that an EPC based on the asset rating of the building is

commissioned and displayed at all times in a prominent place clearly

visible to the public no later than 12 months from the date of connection

of the building to the electric power grid.

(3) Within a period not exceeding five years of the first

display of the EPC, and every successive three years, an EPC based on

the operational rating of the building is to be commissioned and

displayed alongside the original EPC to enable users and visitors of

that building to compare the building’s performance.

Part 3

Inspection and Energy Performance Certification of lighting,

water heating, space heating and space cooling installations

in Buildings

(1) (a) As from the 2 nd January, 2009, owners of water

heating and space heating installations in buildings having boilers fired

by non-renewable liquid or solid fuel of an effective rated output of

20kW or more shall ensure that such boilers are inspected and that a

certificate on their energy performance is issued by an independent EPBI

assessor.

(b) In the case of existing boiler installations, the

certificate mentioned in paragraph (a) thereof shall be in the owner’s

possession not any later than 12 months from the date indicated in the

said paragraph (a).

(2) In the case of installations with an effective rated output

of more than 20 kW having a boiler or boilers that are older than 15

years from the date of coming into force of these regulations, a one-off

inspection and certification of the whole heating installation shall be

made within 12 months of the date indicated in paragraph (a) of sub-

regulation (1) hereof.

(3) In the case of new heating installations having boilers

fired by non-renewable liquid or solid fuel of an effective rated output

of 20kW or more and gas fired boilers, inspection reports and

certifications on their energy performance shall be in the possession of

the owner within 28 days from the date of commissioning, and such

inspection and certification shall be repeated every four years thereafter.

(4) Certifications and reports on the energy performance of

boilers in installations with an effective rated output of more than 100kW

shall be in the possession of the owner within 28 days from the date of

commissioning, and such inspection and report shall be repeated at least

every two years thereafter.

(5) Inspections and certifications shall include an assessment

of the boiler efficiency and sizing in the context of the heating

requirements of the building.

(6) The inspection report shall contain appropriate advice

on possible improvements or modifications to the system, replacement

of the system and alternative solutions.

(7) The EPC and report are to be deposited and registered

with the Authority by the assessor before they are issued to the owner.

(1) As from the 2 nd January, 2009, owners of air- Inspection and

conditioning units, or interlinked systems, or a centralised system, as Energy

Certification of

the case may be, with an effective rated output of more than 12kW space heating and

cooling systems

whether in dwellings, residential buildings, or other non residential

buildings are to ensure that such units or systems are inspected by an

independent EPACI assessor at regular intervals as specified by these

regulations.

(2) In the case of existing buildings having existing units

or interlinked systems or centralised installations with an effective rated

output of 250kW or more, a one-off inspection and certification of the

whole system shall be made and a certificate including an advisory

report shall be in the possession of the owner or tenant of the building,

as the case may be, within 12 months from the date indicated in

regulation 14(1), to be followed by inspections and certifications at

regular intervals not exceeding five years.

(3) In the case of existing buildings having existing units,

or interlinked systems or centralised installations with an effective rated

output of between 12kW and 249kW, an inspection and certification

have to be made and a certificate including an advisory report is to be in

the possession of the owner or tenant of the building, as the case may

be, within 24 months from the date indicated in regulation 14(1) and

have to be followed by an inspection and certification at regular intervals

not exceeding five years.

(4) In the case of all new or existing buildings having new

units or interlinked systems or centralised installations with an effective

rated output of more than 12kW, the inspection and certification

including an advisory report is to be in the possession of the owner or

tenant of the building, as the case may be, within 28 days from the date

of commissioning and has to be followed by an inspection and

certification at regular intervals not exceeding five years.

(5) The inspection must include an assessment of the air-

conditioning units’ or system’s efficiency and the sizing of any unit or

system compared to the cooling requirements of the building, and contain

appropriate advice on possible improvements to any unit or system,

replacement of the system and alternative solutions.

(6) To be valid the EPC and report are to be deposited and

registered with the Authority by the assessor before it is issued to the

owner or the tenant.

Part 4

Administration of the EPC System for Energy Performance

Certification of buildings and, Mechanical and Electrical Services

in buildings

(1) The Authority or its authorised representative may

demand, from the owner of a building falling under these regulations,

or the agent of such owner, the production of an EPC in respect of the

building or the installations within a building as required by these

regulations, and if the building owner or the agent of such owner as the

case may be refuses or fails to produce without reasonable excuse the

EPC then and there, such person will be committing an offence, unless

such person provides the requested EPC within 60 days after the day on

which production was demanded.

(2) Where a person produces an EPC to an authorised officer

of the authority but refuses or fails to permit the said officer to read and

examine the EPC or the associated report, that person or other persons

involved in such a case, will be committing an offence, and the authorised

officer may demand of the person or persons their name and

identification card number and official address.

(1) The energy performance assessment and certification Energy performance

assessment.

shall be carried out using procedures, including calculation methods

and software, approved by the Authority.

(2) In carrying out the EP assessment of a building or

installation an assessor shall comply with any direction given by the

Authority in relation to the manner in which the assessment is to be

carried out.

(3) An assessor may refuse to carry an EP assessment of a

building or installation if in the opinion of the assessor any part of the

building or installation is in such a condition that it would not be safe or

practicable to carry out that assessment.

(4) An endorsed EPC shall not be issued by the assessor to

the building owner or his agent, as the case may be, unless and until it is

accepted in the register maintained by the Authority.

(1) The Authority may revoke an EPC and EPC data file Cancellation of an

EPC.

or report compiled by an assessor where it has reasonable grounds for

believing that the EPC or data file or report was not completed or issued

in accordance with these regulations, and shall enter such revocation in

the EPC record of that building and the Authority’s register.

(2) Where an EPC or EPC data file or report is revoked, the

Authority is to inform the assessor, giving him or her the reason for the

revocation, and shall also inform the person who commissioned the

EPC, the owner or tenant of the building, as the case may be.

(3) The Authority may demand in writing, the giving up of

an EPC that is revoked, as the case may be, within 14 days of the making

of such demand.

(4) Where an EPC or data file, or report is revoked under

this regulation>

(a) a request for the reimbursement of the fee or part thereof

may be made by the person who paid a fee or contributed in the

fee for the relevant EPC assessment to the assessor who carried

out the assessment, and

(b) the assessor shall be obliged to make the reimbursement

in whole or in part, as the case may be, referred to in paragraph (a)

hereof, within 28 days of the receipt of the request, if such assessor

is satisfied that the fee or a contribution to the fee was paid by the

person making the request.

(1) After an EPC has been registered with the Authority

and signed by the assessor, no person shall, either by writing, drawing

or in any other manner alter, deface, mutilate or add anything to the

EPC or to any related report or to a printed copy of an EPC or to any

related report or entry made therein.

(2) No person shall produce>

(a) a printed copy of any EPC or report for any building or

installation, which copy has been altered, defaced, mutilated or

added to contrary to sub-regulation (1), or upon which the figures

have become illegible or the colour has become altered by fading

or otherwise< or

(b) an EPC or report save in relation to the particular

building for which it was issued< or

(c) an EPC or report which has become void or the validity

of which has expired< or

(d) any colourable or other imitation of a registered EPC or

report.

(3) The Authority may require the owner of a building or,

as the case may be, through his or her agent, to surrender to it an EPC or

report where the Authority has reason to believe that the EPC or report

contains particulars which are not correct and, upon being so required,

the owner of the building or, as the case may be, the owner’s agent,

shall surrender the relevant documents to the Authority forthwith.

(1) All data, documentation and records issued by an

assessor and deposited with the Authority in connection with the carrying

out of an EPC under these regulations shall become the property of the

Authority which has the power to demand from the assessor any such

data, documentation or records as it considers appropriate.

(2) The lawful EPC record in relation to a building or

installation shall be that maintained on the EPC register kept by the

Authority.

(3) The most recent EPC record entered in relation to a

building or installation on the EPC register by the Authority shall be

deemed to supersede any previous EPC record for that building or

installation.

(1) Subject to sub-regulations (3) and (4) the Authority may Registration of

Energy Performance

register EP assessors to assess the energy performance of buildings, Assessors.

and provide reports in relation to hot water boilers, space heating and

space cooling systems in accordance with these regulations.

(2) In registering an assessor, the Authority shall designate

the type of EP certification and also the category of buildings in respect

of which the assessor is authorised to carry out EP assessments and

certifications.

(3) The Authority shall not consider a person for registration

as an assessor unless>

(a) the person makes an application for registration to the

Authority in the form specified by the Authority for such purpose<

(b) the application for registration is accompanied by any

fee specified by the Authority< and

(c) the person meets any other requirements specified by

the Authority

(4) In considering an application for registration as an

assessor, the Authority must be satisfied that the applicant has the

necessary qualifications and, if required, has successfully completed a

training course provided by the Authority or an Energy Performance

Certification training provider recognised by the Authority as suitable

for providing such training for buildings constructed, or installations

carried out in Malta in the relevant category of buildings and designated

type of certification.

(5) An assessor who is registered by the Authority in respect

of one type of certification or one category of building may apply to the

Authority to be registered in respect of another type or category of

buildings, and may be so registered, subject to compliance with the

provisions set out in sub-regulations (3) and (4) hereof and the payment

of any fee specified by the Authority.

(6) An assessor shall be required to renew his or her

registration at such reasonable frequency as may be determined by the

Authority, subject to the payment of any registration renewal fee

specified by the Authority.

(7) The Authority shall provide each assessor with a

certificate of registration for the designated type and category of

buildings to which his or her registration pertains and the certificate, if

requested by the owner of a building or the owner’s agent, or authorised

officer, shall be presented for inspection to the person making such

request.

(8) Where the Authority suspends or terminates the

registration of a person as an assessor, it shall note, in the register at the

entry for that person as an assessor, the suspension or termination of

the appointment and the date on which it was suspended or revoked.

(9) The Authority may, having regard to all the

circumstances of the case, suspend or terminate the registration of an

assessor following>

(a) failure by the assessor to attend a course of periodic

training if required by the Authority or to satisfactorily complete

such a training course, or

(b) failure by an assessor to comply with a direction under

these regulations, or

(c) failure by an assessor to carry out a building energy

performance assessment for EPC purposes in a fit and proper

manner, or failure to maintain or provide satisfactory data,

documentation or records of any such assessment, or

(d) the committing, or aiding or abetting the committing,

by the assessor, of an offence under these regulations, or

(e) the forming of an opinion by the Authority that the

assessor has ceased to be capable of performing his or her functions

under these regulations properly and efficiently.

(10) A suspension or termination of registration under sub-

regulation (9) shall be notified to the person concerned in writing and

shall state the reasons for the suspension or termination and inform the

person of the appeal procedure under sub-regulation (11).

(11) A person whose registration has been suspended or

terminated under sub-regulation (10) hereof may, within 14 days from

the said suspension or termination, appeal against the suspension or

termination to the Resources Appeals Board as appointed under the

Act or the Court of Appeal as the case may be.

(12) A person whose registration as an assessor has lapsed

or been suspended or terminated may be directed by the Authority to

return back to the Authority or to destroy any data or documentation

provided by building owners or their agents, and any copies thereof, in

relation to EPC assessments carried out by him or her in his or her

capacity as an assessor.

(13) A person who, not being such, purports to be an EPC

assessor for a designated category of buildings, or EPC inspections of

installations, or an authorised officer under these regulations will be

committing an offence.

(14) (a) A person who, purporting to give information to

an EPC assessor, the Authority or an authorised officer for the

performance of such person’s functions under these regulations, makes

a statement that he or she knows to be false or misleading in a material

particular or fails to disclose a material particular shall commit an

offence.

(b) An assessor who issues an EPC or makes a

statement or report that such assessor knows to be false or misleading

in a material particular, shall commit an offence.

(1) The Authority may from time to time issue directions Directions by the

Authority.

to assessors in relation to>

(a) the manner in which the EPC assessments are to be

carried out<

(b) the manner in which an EPC, and accompanying

advisory reports are to be issued<

(c) the qualifications and training requirements for EPC

assessors<

(d) the records, data bases and documentation to be

maintained by assessors<

(e)

codes of practice to be respected by assessors, and

(f) such other matters as are reasonably necessary for the

proper administration of the EPC system

(2) An assessor shall comply with any direction given under

sub-regulation (1) hereof.

(1) The registered assessor shall pay to the Authority such

fee as may be determined by the Authority in respect of each EPC

assessment carried out on a building or installation and submitted as an

EPC data file by the said assessor to the Authority for the purpose of

registering and issuing an EPC and related advisory report.

(2) The revenue from the fee specified in sub-regulation

(1) hereof shall be solely used, by the Authority, to defray costs incurred

by the Authority in establishing, operating, and maintaining the EPC

system including publicizing the said system.

(1) The Authority shall establish, operate and maintain a

register of assessors, an EPC register comprising EP Certificates,

advisory reports, inspection reports on installations, EPC data files and

related data or documents and any other register that the Authority

considers necessary for the proper administration of the EPC system.

(2) Any register established under sub-regulation (1) hereof

may be held in non legible form provided it is capable of being

reproduced in legible form

(3) Each register established under sub-regulation (1) hereof

shall be a public record and shall be kept under the management of the

Authority.

(4) In relation to the registers established under sub-

regulation (1) hereof, the following access rights shall apply>

(a) extracts from the register of the EPC assessors,

comprising the name, such assessor’s employer, if any, and place

of business, contact details, and the designated type (whether

buildings or installations) of the energy assessment certification

system to which such assessor’s EPC registration applies, shall be

open to public inspection on the internet or, during office hours, at

the offices of the Authority<

(b) subject to compliance with the provisions of the Data

Protection Act, the Authority may allow publication or access, on

a restricted or an open basis, to any extract from any register

maintained by the Authority under these regulations where the

Authority is satisfied that such publication or access is in the public

interest<

(c) other than as provided for in paragraphs (a) and (b)

hereof, a data file or other extract from a register relating to an

EPC for a particular building shall normally only be made available

to>

(i) the EPC assessor that carried out the relevant EPC

assessment, or such assessor’s formal employer< or

(ii) an EPC assessor undertaking any subsequent EPC

assessment of the relevant building, or such assessor’s

employer< or

(iii) the relevant building owner, or the agent of that

building owner, via an EPC assessor.

(1) In any proceedings a certificate signed by an authorised Evidential Value.

officer of the Authority containing only information stated in that

certificate to be taken from a register maintained by the Authority shall

be sufficient evidence of the facts stated therein unless the contrary is

shown.

(2) In any proceedings a document purporting to be a

certificate under sub-regulation (1) hereof shall be deemed to be such a

certificate and to have been signed by an authorised officer of the

Authority, unless the contrary is shown.

(3) A certificate under sub-regulations (1) and (2) hereof

that purports to bear a facsimile signature of the authorised officer of

the Authority concerned or a copy of such signature applied by means

of a stamp or produced by a computer, shall be deemed for the purpose

of this article to have been signed by an authorised officer, unless the

contrary is shown.

Part 5

A person or persons who contravene any of the requirements Enforcement.

of these regulations shall commit an offence.

(1) The Authority may appoint persons to be authorised Appointment and

powers of

officers for the purposes of enforcing these regulations.

authorised officers.

(2) An authorised officer shall be furnished with a warrant

of appointment and in the exercise of a power conferred upon such

officer under this regulation, such officer shall, if requested by any person

affected, produce the warrant of appointment.

(1) An authorised officer may enter, inspect and examine

Power of authorised

a building or any part of a building or installation for the purpose of

forming an opinion as to whether or not an EPC data file or certificate

issued for the building, or part of the building, or installation is warranted.

(2) An authorised officer may do all such things and make

all such requirements in relation to the building and installations, as are

reasonably necessary for the purpose of carrying out an inspection under

sub-regulation (1) hereof.

(3) A person who>

(a) fails to permit an inspection of a building, or installation,

under this regulation<

(b) without reasonable excuse fails or refuses to comply

with any request or requirement made by an authorised officer

under this regulation,

(c) obstructs, impedes, interferes with or assaults an

authorised officer in the exercise of a power under this regulation,

(d) gives to an authorised officer information which is false

or misleading in a material respect, or

(e) alters, suppresses, or destroys any EPC data file, related

calculation, EPC certificate, advisory report, book, document or

record, including a printed copy thereof, and including electronic

data, which the person concerned has been requested or required

to produce, or may reasonably expect to be required to produce,

commits an offence.

(1) Criminal proceedings for an offence under these

regulations 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) Where an offence under these regulations is committed

by a body corporate, or by an unincorporated body of persons, or by a

person purporting to act on behalf of a body corporate or on behalf of

an unincorporated body of persons, and it is proved to have been

committed with the consent or connivance of or to be attributable to

any neglect on the part of any person who when the offence was

committed, was, or purported to act as, a director, manager, secretary

or other officer or member of such body, such other person as well as

the body, or the person purporting to act on behalf of the body, commits

an offence and is liable to be proceeded against and punished if found

guilty.

(3) Notwithstanding the provisions of the Criminal Code, Cap. 9.

the Attorney General shall always have a right of appeal to the Court of

Criminal Appeal from any judgement given by the Court of Magistrates

(Malta) or the Court of Magistrates (Gozo) in respect of proceedings

for any offence against these regulations.

Any administrative penalty or sanction imposed by the Administrative

Authority upon any person who infringes any provisions of these penalties.

regulations or who fails to comply with any directive or decision given

by the Authority in ensuring compliance with these regulations shall be

due to the Authority as a civil debt constituting an executive title for the

purposes of Title VII of Part I of Book Second of the Code of Cap. 12.

Organization and Civil Procedure as if the payment of the amount of

the fine had been ordered by a judgement of a court of civil jurisdiction.

Penalties.

A person guilty of an offence under –

(1) Regulations 9(1), (3), (4), 10(4), 12(2), 13(1), (2), (3),

(4), (7), 14(1), (2), (3), (5) is liable on summary conviction to a fine not

less than €500 and not exceeding €1,500<

(2) Regulations 15, 16(1), (2), (4), 17, 18 and 20(12), (13),

(14) is liable on summary conviction to a fine not less than €1,500 and

not exceeding €5,000<

(3) Regulation 27 (3) is liable on summary conviction to a

fine not less than €1,500 and not exceeding €5,000, or to a term of

imprisonment not exceeding three months, or to both fine and

imprisonment.

Part 6

Miscellaneous

(1) Any Technical Guidance Document issued in Language.

connection with these regulations can be issued in either the Maltese or

English language only, or both.

(2) Any EPC certificate or report issued in accordance with

these regulations may be issued in either the Maltese or English language

only, or both.

(1) The Minimum Requirements for the Energy

Repeals L.N. 238 of

2006. Performance of Buildings Regulations, 2006 are hereby repealed.

(2) Notwithstanding sub-regulation (1) hereof, the repeal

of the said regulation shall not affect the validity of Technical Guidance

Document F on the energy performance of buildings as notified by

Government Notice 1002 of 2006, published in Gazette No. 18,002.

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