Construction Industry Licensing Regulations, 2023

L.N. 166 of 2023

BUILDING AND CONSTRUCTION AUTHORITY ACT

(CAP. 623)

Construction Industry Licensing Regulations, 2023

IN EXERCISE of the powers conferred by articles 11A and 17 of

the Building and Construction Authority Act, the Minister responsible

for the construction industry in consultation with the Building and

Construction Authority Board, has made the following regulations: -

(1) The title of these regulations is the Construction Citation and

commencement.

Industry Licensing Regulations, 2023.

(2) These regulations shall come into force on such date or dates

as the Minister responsible for the construction industry, may by notice

in the Gazette establish, and different dates may be so established for

different provisions and, or purposes of these regulations.

Service Activity

(regulation 3(1))

The service activities for which a licence is required

(a)

demolition;

(b)

excavation and piling;

(c)

construction.

In these regulations, unless the context otherwise requires

Interpretation.

"the Act" means the Building and Construction Authority Cap. 623.

Act;

"applicant" means an entity or a natural person who submits

an application to obtain a licence in accordance with these

regulations;

"Authority" means the Building

and

Construction

Authority as established by the Act;

"Board" means the Building and Construction Authority

Board as established by the Act;

"certified equipment" means the heavy or mobile

construction plant and equipment which is certified by a

warranted engineer, that it can be operated in accordance with its

specifications;

"Chief Executive Officer" means the Chief Executive

Officer of the Authority as established by the Act;

"Committee" means the Construction Industry Licensing

Committee established in Part II;

"competent person" means the same as the meaning assigned

to it in the Act;

"construction" means the same as the meaning assigned to it

in the Act;

"contractor" means the same as the meaning assigned to it in

the Act, and for the purposes of these regulations it shall refer to a

natural person or entity that undertakes or is contracted to carry

out any of the service activities listed in Schedule I;

"criteria thresholds" means the specific technical

requirements which applicants must satisfy and, or possess in

order to obtain a licence as specified in Part III;

"demolition" means the same as the meaning assigned to it in

the Act;

"entity" means a registered company recognised by the

Laws of Malta or of another Member State or Third Country and

includes any other body or association of persons with a separate

and distinct legal personality;

"European Union" means the same as the meaning assigned

to it in the European Union Act;

"excavation" means the same as the meaning assigned to it in

the Act;

"licence" means a licence by means of which a person may

exercise, in Malta, any of the service activities listed in Schedule I

to which the licence relates;

"licensed administrator" means the competent person

engaged by the entity or as a director of the entity, who on its

behalf administers the licence issued by the Authority;

"licensed contractor" means the person or entity who holds a

valid licence issued under these regulations; and the term

"licensed contractor” for the purpose of these regulations shall

also include sub-contractors;

"licensee" means the same as the meaning "licensed

contractor";

"mason’s licence" means a licence issued for the exercise of

masonry works as established by the Code of Police Laws or other

legislation;

"Member State" means a state which is a member of the

European Union;

"Minister" means

the

Minister

responsible

for

the

construction industry;

"minor works" means construction works which may be

either excavation, demolition or building activity which in their

nature do not constitute major excavation, demolition or building

works, but are considered as incidental work in relation to any of

the service activity listed in Schedule I. Minor works include

minor alterations of building, such as the opening or closure of

apertures and removing or building of walls, and does not involve

demolition or construction of structures or buildings, including the

removal or construction of roofs. Minor works shall also include

excavations in relation to the laying of foundations and pipe

works, or lift pits, or trimming works which may only be carried

out with handheld equipment, and does not include excavation

works in relation to the construction of reservoirs, pools, or

basements, or works related to clearance or trimming of land. This

shall also include any other works which the Board may from time

to time determine by notice in the Gazette;

"perit" has the same meaning assigned to it in the Periti Act;

"project" means any development project which a person has

been engaged to undertake;

"provisional clearance'' means a clearance issued by the

Authority with respect to applications for licence submitted from

the 1st November 2023 until the 31st May 2024, which clearance

shall temporarily authorise the applicant to exercise any of the

service activities in respect of which the application relates

pending the determination of the application;

"Register" means the same as the meaning assigned to it in

the Act, and shall be in the form of a depository of information

containing the details of the licence and the licensee as prescribed

in these regulations;

"service activity" means any activity performed by a

licensed contractor listed in Schedule I;

''Third Country'' means a country which is not a Member

State of the European Union;

''Tribunal" means the Building and Construction Tribunal

established under Part VIII of the Act;

PART I

GENERAL PROVISIONS

Criteria for each Service Activity

Licensing of Demolition Contractors

1. The applicant shall be required to manifest competence in

the following

(a)

demolition works;

(b)

dismantling of structural and non-structural elements;

(c)

construction waste separation and separate storage;

(d)

correct loading on trucks;

(e)

shoring techniques;

(f) adequate knowledge of basic requirements stipulated

in the Act and in the Construction Management Site Regulations; S.L. 623.08.

(g) adequate knowledge of the Occupational Health and Cap. 424.

Safety Authority Act and of the regulations made thereunder.

2. In the event that the applicant is a natural person, he shall

be eligible to apply as a Demolition Contractor subject to the

following requirements being satisfied

(a)

the applicant shall be in possession or show evidence

(i) a Level 4 certification as a Demolition Plant

Supervisor issued in accordance with the National

Occupational Standards and shall have at least three (3)

years experience in demolition works; or

(ii)

a minimum of three (3) years experience in

demolition works supported by references of at least two

(2) completed projects; or

(iii) a mason’s licence with at least three (3) years

experience in masonry work;

(b)

a list of all certified equipment to be utilised;

(c) has the capacity to ensure that all demolition works

on a site are duly supervised by a Level 4 certified Demolition

Plant Supervisor in terms of the National Occupational

Standards, or any other qualifications or experience which the

Committee considers to be equivalent or a suitable alternative to

this qualification.

3. In the event that the applicant is an entity, it shall be

eligible to apply as a Demolition Contractor subject to the following

requirements being satisfied

(a)

the applicant shall be in possession or show evidence

of

(i) a Level 4 certification as a Demolition Plant

Supervisor issued in accordance with the National

Occupational Standards and shall have at least three (3)

years experience in supervision of demolition works; or

(ii) has a minimum of three (3) years experience in

demolition works supported by references of at least two

(2) completed projects; or

(iii) a mason’s licence with at least three (3) years

experience in masonry work;

(b) employs at least one (1) full time employee who

holds a Level 4 certification as a Demolition Plant Supervisor

issued in accordance with the National Occupational Standards,

unless the applicant is so certified;

(c)

a list of all certified equipment to be utilised;

(d) has the capacity to ensure that all demolition works

on a site are duly supervised by a Level 4 certified Demolition

Plant Supervisor in terms of the National Occupational

Standards, or any other qualifications or experience which the

Committee considers to be equivalent or a suitable alternative to

this qualification.

4. The Committee may consider other documentation and, or

experience of the applicant as equivalent or a suitable alternative to the

threshold criteria set out above, where applicable.

5. As from 1st January 2025, the license d contractor shall

ensure that all workers who are in any manner engaged, entrusted or

employed with the licensed contractor to execute demolition works

hold a Level 4 certification as a Demolition Plant Supervisor issued in

accordance with the National Occupational Standards, or hold any

other qualifications or experience which the Committee considers to

be equivalent or a suitable alternative to this qualification

Provided that any demolition workers who do not hold a

Level 4 certification as a Demolition Plant Supervisor issued in

accordance with the National Occupational Standards, or any other

qualifications or experience which the Committee considers to be

equivalent or a suitable alternative to this qualification, may continue

to carry out any demolition work under the constant supervision of a

person who holds a Level 4 certification as a Demolition Plant

Supervisor issued in accordance with the National Occupational

Standards, or any other qualifications or experience which the

Committee considers to be equivalent or a suitable alternative to this

qualification in accordance with the service activity criteria as listed

above.

B. Criteria for the Licensing of Excavation and Piling

Contractors

1. The applicant shall be required to manifest competence in

the following

(a)

excavation works;

(b) setting up and dismantling of structural and non-

structural supports;

(c)

correct loading on trucks;

(d)

shoring techniques;

(e) dumping of construction waste at authorised waste

management facilities;

(f) adequate knowledge of basic requirements stipulated

in the Act and in the Construction Management Site Regulations; S.L. 623.08.

(g) adequate knowledge of the Occupational Health and Cap. 424.

Safety Authority Act and of the regulations made thereunder.

If the applicant intends to include piling works under this service

activity, the applicant shall be required to manifest competence in the

shifting of piling equipment, boring or boring of piles, casting of piles,

and pile cap construction.

2. In the event that the applicant is a natural person, he shall

be eligible to apply for a licence of an Excavations Contractor subject

to the following requirements being satisfied

(a)

the applicant shall be in possession or show evidence

(i) a Level 4 certification as an Excavation Plant

Supervisor issued in accordance with the National

Occupational Standards and shall have at least three (3)

years experience; or

(ii) minimum of three (3) years experience in

excavation and piling works supported by references of at

least two (2) projects involving excavation or piling works;

(b)

a list of all certified equipment to be utilised;

(c) has the capacity to ensure that all excavation works

on a site are duly supervised by a Level 4 certified Excavation

Plant Supervisor in terms of the National Occupational

Standards, or any other qualifications or experience which the

Committee considers to be equivalent or a suitable alternative to

this qualification.

3. In the event that the applicant is an entity, it shall be

eligible to apply for a licence of an Excavation Contractor subject to

the following requirements being satisfied

(a)

the applicant shall be in possession or show evidence

(i) a Level 4 certification as an Excavation Plant

Supervisor issued in accordance with the National

Occupational Standards and have at least three (3) years

experience in supervision of excavation work; or

(ii) a minimum of three (3) years experience in

excavation or piling works supported by references of at

least two (2) completed projects involving excavation or

piling works; or

(b)

employs at least one (1) full time employee who

holds a Level 4 certification as an Excavation Plant Supervisor in

accordance with the National Occupational Standards, unless the

applicant is so certified;

(c)

a list of all certified equipment to be utilised;

(d) has the capacity to ensure that all excavation works

on a site are duly supervised by a Level 4 certified Excavation

Plant Supervisor in terms of the National Occupational

Standards, or any other qualifications or experience which the

Committee considers to be equivalent or a suitable alternative to

this qualification.

4. The Committee may consider other documentation and, or

experience of the applicant as equivalent or a suitable alternative to the

threshold criteria set out above, where applicable.

5. As from 1st January 2025, the licensed contractor shall

ensure that all workers who are in any manner engaged, entrusted or

employed with the licensed contractor to execute excavation works

hold, a Level 4 certification as an Excavation Plant Supervisor issued

in accordance with the National Occupational Standards, or hold any

other qualifications or experience which the Committee considers to

be equivalent or a suitable alternative to this qualification

Provided that any excavation workers who do not hold a

Level 4 certification as an Excavation Plant Supervisor issued in

accordance with the National Occupational Standards, or any other

qualifications or experience which the Committee considers to be

equivalent or a suitable alternative to this qualification may continue

to carry out excavation works under the constant supervision of a

person who holds a Level 4 certification as an Excavation Plant

Supervisor issued in accordance with the National Occupational

Standards, or any other qualifications or experience which the

Committee considers to be equivalent or a suitable alternative to this

qualification in accordance with the service activity criteria as listed

above.

C.

Criteria for the Licensing Construction

1. The applicant shall be required to manifest competence in

the following

(a)

masonry and brick wall construction;

(b)

design and construction of form work;

(c)

reinforcement and concreting works;

(d)

site management;

(e) overseeing site preparation prior to the

commencement of any works, including hoarding, existing and

proposed temporary infrastructural requirements;

(f) adequate knowledge of basic requirements stipulated

in the Act and in the Construction Management Site Regulations;

(g) adequate knowledge of the Occupational Health and

Safety Authority Act and of the regulations made thereunder.

2. In the event that the applicant is a natural person, he shall

be eligible to apply as a construction contractor if he is in possession

(a) a mason’s licence and have at least three (3) years

experience in construction work;

(b)

a list of all certified equipment to be utilised;

(c) capacity to ensure that all construction works on a

site are duly supervised by a licensed mason or by a person who

is in possession of an equivalent National Occupational

Standards Certification in masonry works, or any other

qualifications or experience which the Committee considers to

be equivalent or a suitable alternative to this qualification.

3. In the event that an applicant is an entity, it shall be eligible

to apply as a construction contractor subject to the following

requirements being satisfied

(a)

the applicant shall be in possession or show evidence

of

(i) a mason’s licence with at least three (3) years

experience in construction work; or

(ii) a minimum of three (3) years experience in

construction management supported by references of at

least two (2) building projects;

(b) employs at least one (1) full-time employee who is a

licensed mason and is in possession of an equivalent National

Occupational Standards certification in masonry works, unless

the applicant is so certified;

(c)

the applicant is at least a Level 3 certified block layer

in terms of the National Occupational Standards;

(d)

a list of all certified equipment to be utilised;

(e) capacity to ensure that all construction works on a

site are duly supervised by a licensed mason or by a person who

is in possession of an equivalent National Occupational

Standards certification in masonry works, or any other

qualifications or experience which the Committee considers to

be equivalent or a suitable alternative to this qualification.

4. The Committee may consider other documentation and, or

experience of the applicant as equivalent or a suitable alternative to the

threshold criteria set out above, where applicable.

5. As from 1st January 2025, the licensed contractor shall

ensure that all workers who are in any manner engaged, entrusted or

employed with the licensed contractor to execute construction works

are licensed masons or hold a Level 3 certification in block layering

issued in accordance with the National Occupational Standards, or

hold any other qualifications or experience which the Committee

considers to be equivalent or a suitable alternative to this qualification

Provided that any construction workers who are not

licensed masons or do not hold a Level 3 certification in block layering

issued in accordance with the National Occupational Standards or do

not hold any other qualifications or experience which the Committee

considers to be equivalent or a suitable alternative to this qualification

may continue to carry out construction works under the constant

supervision of a licensed mason or by a person who holds a Level 3

certification in block layering issued in accordance with the National

Occupational Standards or holds any other qualifications or experience

which the Committee considers to be equivalent or a suitable

alternative to this qualification in accordance with the service activity

criteria as listed above.

(1) No person or entity may assume the exercise of any of

the service activities stipulated in Schedule I unless such person or entity

has, by no later than the 1st of January 2025, acquired a valid licence for

the exercise of that service activity.

(2) Any natural person, who upon the coming into force of these

regulations has already assumed, or intends to assume, the exercise of

any of the service activities listed in Schedule I and to whom the

provisions of the Act apply, shall submit an application for a licence

with respect to that service activity by not later than 31st October 2023.

(3) Any entity which upon the coming into force of these

regulations has already assumed, or intends to assume, the exercise of

any of the service activities listed in Schedule I, and to which the

provisions of the Act apply, shall submit an application for a licence

with respect to that service activity by not later than 31st October 2023.

(4) Without prejudice to the provisions of sub-regulation (1),

any person or entity having submitted an application as laid down sub-

regulations (2) or (3), shall not pending the determination of that

application, be withheld from continuing in the exercise of any of the

service activities listed in Schedule I and to which the application for

licence relates, if the application is deemed to have been submitted in a

complete and valid prescribed form by the applicable time-frame, and

unless the Authority directs otherwise when in its opinion the

circumstances so require

Provided that during the period pending the determination

of an application, the applicant shall be responsible to fulfill the

obligations referred to in regulations 5

Provided further that when the applicant contravenes any

provision of the Act or any regulations made thereunder during the

period pending the determination of the application, apart from being

subject to enforcement procedures in terms of the Act, the Authority

may consider the applicant’s contravention as a ground for refusal of

his application and consequently withhold the applicant from the

exercise of the service activity to which the application relates.

(5) Notwithstanding the provisions of the preceding sub-

regulations, any person or entity applying for a licence from the 1st

November 2023 until the 31st May 2024 may continue in the exercise

of the service activity to which the licence relates during the period

pending the determination of the application if

(a) the application is deemed to have been submitted in a

complete and valid form by the time-frame specified in this sub-

regulation; and

(b) the Committee, within sixty (60) days from the

submission of a valid application, issues a provisional clearance

that authorises the exercise of that service activity

Provided that at any time during the period pending

the determination of the application, the Authority may revoke

the applicant’s provisional clearance and withhold him from the

exercise of the service activity to which the application relates

wherever the Authority considers that the circumstances so

require

Provided further that when the applicant contravenes

any provision of the Act or any regulations made thereunder

during the period pending the determination of the application,

apart from being subject to enforcement procedures in

accordance with the Act, the Authority may consider the

applicant’s contravention as a ground for withdrawal of the

provisional clearance and, or the application, and consequently

withhold the applicant from the exercise of the service activity to

which the application relates.

(6) Any person or entity who fails to apply for a licence in terms

of sub-regulations (2), (3) or (5), as applicable, may not assume the

exercise or continue to exercise any of the service activities listed in

Schedule I without first having acquired a valid licence issued in terms

of these regulations.

Fees

1. Administrative Fees

New licence and renewal of an application (regulations 13 and

15)

(a)

demolition

€100

(b)

excavation

€100

(c)

construction

€100

Other administrative fees

(a) duplicate

licence

€100

certificate issued in accordance with

regulation 18

(b) application

for

the

€100

cancellation of a licence in

accordance with regulation 22

2. Licence Fees applicable for all service activities listed in

Schedule I (regulations 4 and 17)

Class A – Contractor being a natural person (regulation

16(2))

A1 – contractor with no

€50

employees

A2 – contractor employing

€100

up to five (5) persons

A3 – contractor employing

€150

up to ten (10) persons

A4 – contractor employing

€200

more than ten (10) persons

Class B – Contractor being an entity (regulation 16(3))

B1 – contractor employing

€200

up to ten (10) persons

B2 – contractor employing

€250

up to twenty (20) persons

B3 – contractor employing

€300

more than twenty (20) persons

Fees are not refundable and are payable prior to the issue of the

licence or the renewal.

€2.34

(1) Any of the service activities listed in Schedule I shall Contractor’s

be carried out by holders of a licence in accordance with these licence.

regulations

Provided that minor works can be carried out by the holder

of a construction licence

Provided further that the Director of Public Works, the

Commissioner of the Malta Police Force, the Commander of Armed

Forces of Malta, the Director of the Civil Protection Department, or

any other Government department, shall be exempt from the

requirements stipulated in these regulations subject to a request for

exemption which is to be submitted to and approved by the Board in

terms of article 21 of the Act.

(2) The fees applicable for the submission of an application for

licence, the issue of a licence and the renewal thereof shall be

prescribed in Schedule III.

(1)

It shall be the responsibility of a licenced contractor

(a) abide by the conditions of a licence and any orders,

directions or requirements which may be imposed by the

Authority with regard to the operation of the licence;

(b) ensure that the execution of any work conforms with

the practices, guidelines and regulations pertaining to the

respective licensed services activities that may be issued by the

Authority;

(c) abide by any directions issued by the perit or any

other person responsible by law, as well as any other conditions,

method statements and requirements in relation to building and

construction imposed by any regulatory entity.

(2) For the purposes of these regulations, a person or

entity assuming the exercise of any of the service activities listed

in Schedule I, refers to any person or entity actually executing

works relative to any of the service activities under their

responsibility, or a person or entity who in any manner employs,

engages or entrusts workers to execute works relative to any of

the service activities under that person’s or that entity’s

responsibility.

(3) The licence holder shall ensure that any works carried

out to any service activity listed in Schedule I shall be covered

by a valid insurance policy which provides cover against any

loss or damage that may be sustained by any person consequent

to any act or omission occasioned by the licensed contractor or

workers who operate under his direction in the execution of

works, as well as against damages at the place of work, including

bodily harm that may be sustained by an employee

Provided that the licensed contractor may be exempted in

writing in terms of article 21 of the Act.

PART II

CONSTRUCTION INDUSTRY LICENSING COMMITTEE

(1) There shall be established a Construction Industry

Licensing Committee, which shall be appointed by the Minister, after

consultation with the Board.

(2)

The Committee shall be composed of five (5) members

who shall have substantial knowledge and experience on matters

related to the building and construction industry, legal affairs or other

subjects related to the construction industry, one (1) of which shall be

the Chairperson

Provided that two (2) members shall be a warranted perit

and a engineer respectively, both of whom have practiced their

respective profession for at least ten (10) years

Provided further that the Minister may designate one of the

other members as Deputy Chairperson, and the member so designated

shall have all the powers and perform all the functions of the

Chairperson during the Chairperson’s temporary absence or the

inability of the Chairperson to act as Chairperson.

The Committee shall have a Secretary, to be appointed by Secretary to the

the Minister, who shall have such duties as may be assigned by the Board.

Committee.

The Authority shall provide the necessary administrative Committee.

support to the Committee for the proper performance of its functions.

(1) The members of the Committee and the secretary, Term of office.

shall hold office for a term of three (3) years on such terms and

conditions as the Minister may establish.

(2) Members of the Committee and the secretary shall be

eligible for reappointment for further terms on the expiration of their

terms of office.

The Committee shall have the following functions:-

Functions of the

Committee.

(a) to issue licences for each service activities as listed in

Schedule I

Provided that the Board may also establish sub-committees

or appoint such persons who have professional qualifications and, or

knowledge and experience in matters related to building and

construction to assist in the evaluation of applications for a licence;

(b) to implement any directive issued by the Board in

respect of licensing requirements for particular skills or activities

related to the building and construction industry;

(c) to keep the required registers for the fulfilment of its

functions;

(d)

to draw up reports which shall be discussed with the

Board

(i) on any issue relevant to these regulations,

including any application;

(ii)

on any issue concerning the licensing process;

and

(iii) on any other matter related to the licensing of

contractors which the Board may be required to address by

means of directives, regulations, policies and any

amendment thereof;

(e) to perform such other functions as may, from time to

time, be assigned to it by the Minister in consultation with the

Authority.

(1) The meetings of the Committee shall be called by the

Chairperson either on his own initiative or after accepting the request

of any member of the Committee, and the Committee shall also meet at

such times as it may decide itself

Provided that the Committee shall meet at least once every

calendar month or ulterior times, as may be required.

(2) The quorum of the Committee shall consist of the

Chairperson or the Deputy Chairperson, and shall not be less than half

the number of the other members constituting the Committee, at the

time of the meeting.

(3) Decisions of the Committee shall be taken by a simple

majority of the members present at the meeting

Provided that the Chairperson at a meeting shall have an

original vote, and in case of equality of votes, a casting vote.

(4) The Committee may act notwithstanding any vacancy in its

membership, provided that a quorum is reached amongst the members

who are present.

(5)

The Committee shall regulate its own procedure.

(6) The provisions of article 16 of the Act shall apply mutatis

mutandis to the members of the Committee.

The members of the Committee shall be remunerated in

accordance with criteria as may be applicable from time to time within

the public sector.

PART III

LICENCE

(1) The Authority shall publish in the Gazette and on the Publication of

said Authority’s website the time period within which it shall application

licence.

commence to receive and accept applications for the licence for any

service activities listed in Schedule I.

(2)

The notice shall

(a) specify the form, information and documents required

for the submission of an application for a licence in terms of

these regulations, including but not limited to the criteria

established under Schedule II; and

(b) the applicable administrative fees in terms of

Schedule III.

(1)

The applicant shall satisfy the requirements as Eligibility.

stipulated

(a) is a natural person over twenty one (21) years of age

and is habitually resident in Malta, or in any Member State; or

(b)

is an entity;

(2)

The Committee shall be satisfied that the applicant

(a) fulfils the requirements for a licence as specified in

regulation 15; and

(b) is in possession of the necessary criteria thresholds

established in Schedule II; and

(c) provides sufficient evidence of sound knowledge of

the subjects listed in item 1 of Parts A, B and C of Schedule II

respectively; and

(d) is a natural person of good repute and conduct and of

appropriate financial standing or an entity where each of the

directors is of good repute and conduct and the said entity is of

appropriate financial standing.

(3) A person or entity shall not be deemed to satisfy the

requirement of good repute and conduct if the applicant

(a) has been convicted of serious criminal offences

during the last five (5) years, which are offences of

misappropriation and fraud; or

(b) has been convicted by a competent Court in the past

two (2) years of committing an offence in accordance with the

provisions of the Act or any regulations made thereunder; and

(c) has been convicted of any corresponding offence

under any law of a country or territory outside Malta

Provided that if the applicant was less than eighteen

(18) years old when he was found guilty, the period mentioned in

paragraphs (a) and (b) shall be of two (2) and one (1) year

respectively.

(4) A person or entity may be licensed to assume the

exercise of more than one (1) service activity listed in Schedule I

in which case a separate application form and the supporting

documentation specified in these regulations shall be submitted

by them, for each respective service activity, together with such

other information and documentation as may be requested by the

Committee to be submitted to reach a determination on the

application.

(1) An application for the issue of a licence shall be

submitted to the Chief Executive Officer in the form prescribed by the

Authority in terms of these regulations and shall satisfy the

requirements specified in regulation 14(1) together with the following

additional requirements

(a) the address provided by the applicant and the

applicant’s electronic mail address;

(b) other necessary information which may be requested

by the Authority in accordance with these regulations; and

(c) payment of the relevant application fee as provided in

Schedule III.

(2) Where the applicant is a natural person, in addition to the

requirements specified in sub-regulation (1), the application shall also

be accompanied by the following documentation

(a) the

applicant’s

VAT

registration

number,

if

applicable;

(b) a conduct certificate issued under the Conduct

Certificate Ordinance not issued prior to two (2) months from the

date of submission of the application

Provided that in case that the applicant is not a person

habitually resident in Malta, an equivalent document issued by a

competent judicial or administrative authority of the country of

habitual residence shall be provided instead.

(c) a declaration that confirms that the applicant is not

bankrupt.

(3) An entity which submits an application for a licence, may

appoint and authorise a competent person to act on its behalf with

respect to the fulfilment of the criteria and obligations set out in these

regulations and to act as the entity’s licensed administrator, and in

addition to requirements listed in sub-regulation (1), it shall submit

(a) the entity’s legal status and the entity’s registered

official address;

(b)

the relative VAT registration number, if applicable;

(c) the name and details of the licensed administrator and

proof of the engagement relationship with the entity concerned;

(d) a resolution from the Board of Directors of the entity,

authorising and appointing a person to act as the licensed

administrator in terms of these regulations;

(e) a conduct certificate issued under the Conduct Cap. 77.

Certificate Ordinance, issued not prior to two (2) months from

the submission of the date of the application, of the directors and

the licensed administrator of the entity

Provided that in the case that the directors or the licensed

administrators are not habitually resident in Malta, an equivalent

document issued by a competent judicial or administrative authority of

the country of habitual residence of the directors and the licensed

administrators shall be provided instead;

(f) a declaration that confirms that the entity is not

bankrupt.

(4) In addition to the declaration as requested in paragraph (c)

of sub-regulation (2) and paragraph (f) of sub-regulation (3), the

Committee may request additional documentation or adequate

financial standing

Provided that for the purposes of assessing the adequate

financial standing, the Committee shall have regard to the type of

service activity and to the financial situation of the applicant, such as,

but not limited to, and at the Committee’s discretion

(a)

updated annual accounts, if any;

(b) the funds available, including overdraft and loan

facilities;

(c) any assets, including property, which are available to

provide partial or full security for the service activity;

(5) The applicant shall possess or employ a person who

possesses good command of the Maltese or the English language and

in the absence of which, the applicant shall provide the service of an

interpreter to facilitate proper communication.

(6) An application shall be deemed complete and valid for

further processing, if it contains all the details specified in sub-

regulations (1), (2) or (3), as the case may be, and the applicant

conforms with the requirements of regulation 14(1)

Provided that any person or entity that submits an

application for a licence with respect to the service activity specified in

Part C of Schedule II, shall also be required to submit a valid masons

licence.

(1) The Committee shall reach a decision on an

application submitted in accordance with these regulations within sixty

(60) days from the submission of a valid application

Provided that in case of applications submitted in terms of

regulations 3(2) and 3(3), the Committee shall reach a decision by the

31st May 2024

Provided further that in the case of applications submitted

in terms of regulation 3(5), the Committee shall reach a decision

within sixty (60) days from the date of issue of the provisional

clearance

Provided further that if the Committee requires additional

time, it shall inform the applicant in writing that the decision shall be

delivered within thirty (30) days from the original decision target date.

(2) At any stage prior to the final determination of the

application, the Committee may

(a) request any additional information, documentation or

requirements from the applicant which it considers relevant to

the application;

(b)

review and, or inspect on-site completed or ongoing

projects of the applicant;

(c) where the applicant is or was previously in possession

of a licence or registration issued by the competent authority of

another Member State or a Third Country, the Committee may

request information on the applicant from such competent

authority;

(d) requests any information about the applicant from

any competent authority as required.

(3) The Committee may approve or reject an application, and

may also impose any conditions which it deems appropriate to be

included in the licence.

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

the Department of Information and the Committee shall notify the

applicant of such publication by means of electronic mail.

(1) The Committee shall inform the applicant of the Notice to grant a

decision to grant the licence within five (5) working days from the licence.

decision date by registered mail.

(2)

The decision notice shall

(a) specify the service activity being licensed, including

any range of functions, duties and responsibilities within the

ambit of that service activity;

(b) specify the terms, conditions and limitations to which

the licence shall be subject, as decided by the Committee in

terms of these regulations;

(c) specify the fee to be paid for the issue of the licence

as provided in Schedule III;

(d)

specify any pending dues to the Authority;

(e) include the validity period of the licence which shall

run from the date of issue of the Licence Certificate as specified

in regulation 20; and

(f) inform the applicant that the notice may be appealed

before the Tribunal within twenty (20) days from the date of its

publication on the website of the Department of Information and

that the licence certificate shall be suspended pending the

determination of the appeal.

(1) Upon payment of the relative licence fee and other

pending dues, if any, a Licence Certificate shall be issued in favour of

the licencee and it shall include the details of the licence and any

conditions imposed by the Authority, where applicable.

(2) The Licence Certificate shall be in the possession of the

licensed contractor at all times.

(3) In the event that a valid Licence Certificate has been lost or

defaced, an application for the issue of a duplicate of the original

certificate, may be submitted to the Chief Executive Officer in the

form prescribed by the Authority, together with the payment of the

administrative fee as specified in Schedule III.

(4) The details of the licence shall be kept in the Register held

by the Authority, and shall include the following

(a)

the details of the licence holder;

(b)

date of issue of licence;

(c)

the service activity being licensed; and

(d) any conditions imposed by the Committee in relation

to the licence.

(1) Where the Committee intends to refuse an

application, it shall give the applicant notice in writing specifying the

reasons for refusal.

(2) The notice for refusal shall state that the applicant shall

have the right, within twenty (20) days from the date of receipt of such

notice, to make submissions in writing before the Committee

specifying reasons why the application should not be refused, and the

Committee shall consider any representations so made before reaching

its final decision.

(3) If the Committee, despite any submissions made by the

applicant, decides to refuse the application, it shall inform the

applicant of the decision by registered mail, within five (5) working

days from the decision.

(4)

The decision notice shall

(a) include the reasons motivating the Committee’s

decision of refusal;

(b) inform the applicant that the notice may be appealed

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

publication of the notice on the website of the Department of

Information.

(1) Licences issued under these regulations shall remain Renewal of

valid for two (2) years from the date of issue of a Licence Certificate, licences

provision of

and shall be subject to renewal every two (2) years after such date

training and

courses.

Provided that for the purposes of renewing a licence, the

licensed contractor shall submit a valid and complete application in the

form prescribed by the Authority, submitted to the Chief Executive

Officer, not later than ninety (90) days prior to the expiry date of the

valid licence.

(2) The provisions of regulations 16 to 19 shall apply in the

determination of the renewal application by the Committee and the issue

of a licence.

(3) Where the Committee decides that the applicant lacks

sufficient professional competency, it may request the applicant to

attend courses or training to cover subjects listed in item 1 of Parts A, B

and C of Schedule II, which shall be provided yearly for the purpose of

renewal of the licence.

(4) The Committee shall also request courses that shall also be

provided when the Authority considers that new practices, and

regulations pertaining to the service activities listed in Schedule I and

subjects in addition to those listed in item 1 of Parts A, B and C of

Schedule II have been introduced, to ascertain that the applicants are

able to execute any works covered by the licence

Provided that the Authority shall also require that licencees

attend such courses and the attendance and completion of these courses

shall be considered for any subsequent renewal applications.

(1) The licensed contractor shall inform the Authority Changes to the

without delay, of any change in the licence details or a change in the Register.

nominated persons satisfying the criteria thresholds as provided in

Schedule II and of any change in the information submitted as part of the

application submission requirements in accordance with regulation 15.

(2) Where a licensed administrator ceases to occupy the post or

is no longer in the employment of the licensed contractor, the licensed

administrator or the licencee shall, by not later than three (3) working

days from such occurrence, notify the Authority in writing and during

such period suspend the exercise of the licensed service activity.

(3) A new administrator shall be appointed by the licencee

whose details shall be notified to the Committee within three (3)

working days of such appointment.

(4) The appointment of the new administrator shall be subject to

the approval of the Committee, which shall not be granted unless the

person so appointed fulfills the requirements of these regulations, and

until such approval is granted, the exercise of the licensed service

activity shall remain suspended.

(1) If any licencee applies to the Authority for the

cancellation of a licence, the application shall be made in the form

prescribed by the Authority and shall be accompanied by the payment of

the cancellation fee laid down in Schedule III, and shall include a

declaration signed by applicant stating that the applicant is not aware of

any proceedings or of any reason for the institution of any proceedings

which may result in the removal of the applicant’s name from the

Register held by the Authority.

(2) The Committee shall within thirty (30) days from the receipt

of an application cancel the licence, and remove it from the Register

Provided that any cancellation shall be without prejudice to

the responsbility or liability of the applicant in respect of any work or

services rendered by the applicant prior to such cancellation, or any

damages or impacts resulting therefrom.

(3) The decision of the Committee shall be communicated to the

applicant within thirty (30) days from such decision.

(4) The Committee shall notify the applicant with its decision by

means of registered mail.

PART IV

OFFENCES AND PENALTIES

(1) Whosoever assumes the exercise of any of the service

activities listed in Schedule I with a suspended licence or without a valid

licence issued under these regulations, shall be guilty of an offence

against these regulations and shall be liable on conviction to

imprisonment for a period not exceeding six (6) months or a fine (multa)

not exceeding fifty thousand euro (€50,000) or to both such fine and

imprisonment, and in the case of a continuing offence, to a further fine

(multa) of five thousand euro (€ 5,000) for each day during which the

offence continues.

(2) Whosoever fails to comply with any conditions of a

clearance or licence issued under these regulations or who acts in breach

of any provision of these regulations shall be guilty of an offence against

these regulations and shall be liable, on conviction, to a fine (multa) not

exceeding ten thousand euro (€10,000) and in the case of a continuing

offence, to a further fine (multa) of five hundred euro (€500) for each

day during which the offence continues.

(3) Whosoever makes a false declaration for the purposes of

these regulations shall be guilty of an offence against these regulations

and shall be liable, on conviction, to a fine (multa) not exceeding one

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

higher punishment for which the person may be subject under any other

law.

(4) The Court may also order the suspension or revocation for a

stated period of the licence when convicting the holder of a licence for a

crime against the Act and these regulations, in addition to any of the

punishments specified in these regulations.

(1)

Notwithstanding any other provision of these Administrative

regulations, and without prejudice to any other proceedings to which the penalties.

person or entity acting in breach of these regulations may be liable under

any other law, in the case of any breach of these regulations, the

Authority may, following the issue of an enforcement notice in

accordance with articles 23, 24, 25 and 26 of the Act, impose an

administrative penalty in accordance with these regulations.

(2) An administrative penalty imposed under this regulation

shall not exceed the maximum amount of the fine (multa) which the

offender may be liable to, for the corresponding offence, in accordance

with the provisions of regulation 23.

(3) Any person or entity feeling aggrieved by the imposition of

an administrative penalty shall have a right of appeal in accordance with

the Act.

(4) In all cases where the Chief Executive Officer imposes an

administrative penalty in respect of anything done or omitted to be done

by any person, and where such act or omission also constitutes a

criminal offence, no proceedings may be instituted against the person in

respect of such offence wherever such person accepts responsibility for

the breach in respect of which the administrative penalty is imposed and

implements any remedial measures as may be directed by the Chief

Executive Officer and pays the administrative penalty.

(1) Notwithstanding any other penalties and, or Suspension and

punishments for which the applicant, licensed contractor or licensed revocation

licence.

administrator may be liable to under these regulations, the Act or any

other law, the Board may, in accordance with article 20 of the Act,

revoke or temporarily suspend any licence or clearance issued in favour

of any contractor under these regulations, for failure to comply with any

licence conditions or with any requirements stipulated in the Act or any

regulations made thereunder.

(2) A licence suspended in accordance with these regulations

may be re-issued by the Board if the breach or failure is rectified in

accordance with these regulations, and such licence may be subject to

any such additional conditions which the Board may deem necessary to

impose.

(3) Every person or entity whose licence is revoked or suspended

shall immediately deliver the respective Licence Certificate to the

Authority.

(4) The Court of Magistrates as a Court of Criminal Judicature

may upon conviction of a licensee and, without prejudice to the

powers of the Authority in terms of the preceding sub-regulations,

suspend any licensed contractor from the exercise of the trade for any

period of time and, for this purpose, may also order the Authority to

revoke a licence issued under these regulations or refuse its renewal.

(5) The Authority shall, by means of a notice of decision

published in the Gazette, on the Authority’s website, and entered in the

Register, make available to the public the names and details of

licencees and licensed administrators whose licence has been

suspended or revoked.

(6) Any person or entity feeling aggrieved by a decision of the

Authority concerning the revocation or suspension of a licence or of

any condition thereof, shall have a right of appeal before the Tribunal

in accordance with the Act.

(7) In the case of suspension or revocation of a licence or refusal

in accordance with these regulations, the Authority may at its

discretion decide to reinstate the contractor if the contractor, upon the

submission of a fresh application, provides sufficient proof and

assurance that he has taken the necessary measures to rectify any

occurrence or breach which resulted in the revocation of the licence.