Masons’ Licence Regulations, 2024

L.N. 184 of 2024

BUILDING AND CONSTRUCTION AUTHORITY ACT

(CAP. 623)

Masons’ Licence Regulations, 2024

IN EXERCISE of the powers conferred by articles 7(2)(c), 11A

and 17 of the Building and Construction Authority Act, the Minister

responsible for the construction industry, after consultation with the

Building and Construction Authority Board, has made the following

regulations:-

The title of these regulations is the Masons’ Licence

Regulations, 2024.

Fees

(regulations 3, 12, 14, 16 and 19)

Application Fees in respect of

(1) new application

€50

(2) application

for

the

€50

renewal of a licence

(3) application

for

the

€50

cancellation of a licence

In these regulations, unless the context otherwise requires

"Act" means the Building and Construction Authority Act;

"applicant" means a natural person who submits an application

to be issued with a licence in accordance with these regulations;

"Authority" means the Building and Construction Authority

as established by article 5 of the Act;

"Board" means the Building and Construction Authority

Board as established by article 11 of the Act;

"Chief Executive Officer" shall have the same meaning as

assigned to it in the Act;

"Committee" means the Masons Licensing Committee as

established in regulation 5;

"construction" shall have the same meaning as assigned to

it in the Act;

"European Union" shall have the same meaning as assigned

to it in the European Union Act;

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

carry out any building construction works in Malta in accordance

with these regulations;

"mason" or "licensed mason" means any person who repairs

or constructs, wholly or in part, any structure in concrete, stone,

brick or steel, including the maintenance or alteration of such

structure, even where the work done or commenced by such

person consists merely in the erection of a wall or a column or a

beam or any other structural element intended to form part of a

building, or in the construction of, but not limited to, a well,

cistern, cesspool or conduit for the passage of filthy water or

sewage matter or an embankment to retain soil or any other

material or liquid;

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

European Union;

"Minister" means the Minister responsible for the

construction industry;

"Perit" shall have the same meaning as assigned to it in the

Periti Act;

"project" means any development project which a mason

has been engaged to undertake;

"Register" means the Register held by the Authority as

provided in regulation 17;

''third country'' means a country which is not a member

state of the European Union;

''Tribunal" means the Building and Construction Tribunal

as established under Part VIII of the Act.

Professional competence for a mason

(regulations 15 and 20)

The following is a list of competencies which are necessary to

practice the trade of mason in Malta

GEOMETRY

1. The technical ability for interpreting the design drawings

and the setting out on site, building works, civil engineering works

and other related tasks.

2. Stereotomy: The technical ability to draw and reproduce

details for the manufacture of stone items necessary for the structure of

masonry structural elements such as walls, columns, roofing systems,

arches, and stairs.

3. Capability to

(a)

draw a bisection of a line;

(b)

draw a bisection of an angle;

(c)

draw a division of a line;

(d)

divide a circle into twelve (12) equal parts;

(e)

draw an equilateral triangle;

(f)

achieve a ninety (90) degree using the 3:4:5 triangle

method;

(g)

find a centre of an arc;

(h)

draw an extension between two (2) existing points.

4. Types of arches and their applications including installation

5. Types of stairs, their applications and rules which shall be

observed.

6. Line of going and the relationship between the riser and the

7. Computer-aided design and drafting.

8. Architectural drawing literacy.

9. Structural drawing literacy.

10. Ability to do basic surveying and setting out manually

using analogue tools and using modern digital tools.

HEALTH AND SAFETY

1. Sufficient knowledge of preventive measures on

construction and demolition sites, including during the carrying out of

alterations to buildings and excavations.

2. Sufficient knowledge of personal protective clothing

required in connection with building activities.

3. Sufficient knowledge of requisites relating to the safety of

third parties.

4. Sufficient knowledge of the Occupational Health and

Safety Authority Act, and of regulations made thereunder related to

the duties of mason.

5. Adequate knowledge of working platforms and

scaffoldings systems and be able to implement the adequate system for

the safe use of the particular task.

6. Installation and use of access ladders.

7. Machinery certification.

8. Competence certificates.

9. First aider.

10. Fire safety.

11. Knowledge of preventive measures in confined spaces.

12. Risk Assessment and method statements.

13. Lifting plans.

C. BUILDING CONSTRUCTION: Sufficient competence in

local building technology and materials

1. Knowledge of the quality and composition of building

material used in the construction of walls, roofs, columns and beams, as

well as building methods adopted with the use of these materials.

2. Knowledge of different types of mortar, their composition

and their use.

3. Capability of preparing details of door and window

openings, preventing rainwater ingress, stone balustrades and arches.

4. Capability of carrying out alterations to existing buildings,

including use of traditional tools.

5. Capability of interpreting formwork design and installation

in connection with masonry and construction works.

6. Knowledge of deconstruction and demolition methods and

processes.

7. Capability of execution of minor excavation works by

means of hand held tools.

8. Capability to understand the difference between minor and

major demolition and excavation works.

9. Capability of using machinery up to a three (3) tons.

10. Adequate knowledge of damp proofing materials and

applications.

11. Adequate knowledge of waterproofing materials and

applications.

12. Adequate knowledge of rainwater systems and proper

implementation including the sizing of the well or reservoir.

13. Adequate knowledge of drainage systems and their proper

implementation.

14. Adequate knowledge of manhole and trench construction.

15. Adequate

knowledge

of

"kontrabejt"

works

and

implementation.

16. Knowledge of levels and their implementation and

interpolation.

17. Knowledge of the foundations types and their applications.

18. Knowledge of wall types, materials and the applications.

19. Knowledge of methods of laying and levelling.

20. Knowledge of retaining wall types and applications.

CONCRETE STRUCTURES

1. Sufficient knowledge of constituents of concrete, including

aggregate and admixtures.

2. Sufficient knowledge of different mix compositions for

concrete and their different properties.

3. Sufficient knowledge of methods of testing of concrete

in the fresh state, and the preparation of slump tests and of cubes.

4. Sufficient knowledge of details of steel reinforcement

used in concrete, including anchorage, lapping and other similar

5. Sufficient knowledge of concreting techniques, curing

concrete and the timing for striking formwork.

6. Sufficient knowledge of interpreting formwork design

details as well as the erection thereof.

7. Minimum reinforcement within a slab and its position.

8. Minimum concrete cover to steel reinforcement and the

proper application of spacers.

9. Type of lintels and their application.

10. Types of beams and their application.

11. Minimum spacing of stirrups within a beam.

12. Types of concrete columns and their application.

13. Minimum spacing of links within a beam.

14. Minimum lapping lengths to reinforcement bars.

15. Type of steel reinforcement bars and mesh including their

application.

16. Cantilever

elements

and

the

positioning

of

steel

reinforcement within.

17. Shear and bending forces within a beam.

18. Identifying the tension and compression zones within a

19. Buckling within columns.

20. Knowledge of basic column base design and the

reinforcement within including starter bars.

OTHER SKILLS

1. Interpretation o f details and execution of architectural

drawings, structural and construction details.

2. Understanding and execution of any instruction given to

him by the Perit.

3. Identification of any flaws during construction works

which to his knowledge may result in a defective building or improper

building construction.

4. Site management skills and adherence to the Construction S.L. 623.08.

Management Site Regulations.

5. Coordination skills to ensure proper coordination on site in

terms of just in time delivery of materials in cases where storage areas

are not available; managing of resources on site.

6. Adequate communication

skills

to

ensure

good

communication with all stakeholders.

7. A good understanding of the works involved in all the other

trades that are necessary to complete a basic building structure so as to

be able to prepare for them and identify when they haven't been

catered for on plan prior to commencing the works.

BINDING LEGISLATION

1. Adequate knowledge of sanitary regulations, building

regulations, and development planning legislation and any other

regulation arising therefrom.

€1.53

(1) The masonry trade shall be exercised by a duly licensed Mason’s licence

mason in accordance with these regulations and any work generally

relating to the construction of bulidings and shall be carried out by a

licensed mason or under the direction of a licensed mason.

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

licence and the renewal thereof shall be those prescribed in Schedule I.

It shall be the responsibility of the licensed mason to

Responsibility of

the mason.

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

requirements which may be imposed by the Authority with

respect to the operation of the said licence;

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

the good practice guidelines pertaining to the masonry trade

which may be issued by the Authority;

(c)

abide by, and conduct any construction works

according to, the approved construction drawings or any other

relevant document issued by the Perit responsible for the project;

(d) be present on the construction site throughout the

duration of the construction works when the licensed mason is

carrying out or was engaged to supervise the construction works.

(1) There shall be established a committee to be known

as the Masons’ Licensing Committee, which shall be appointed by the

Minister after consultation with the Board.

(2) The Committee shall be composed of not less than five (5)

members and not more than thirteen (13) who shall have knowledge

and expertise on matters related to the building and construction

industry, legal affairs or other subjects related to the construction

industry

Provided that one (1) of the members shall act as the

Chairperson of the Committee

Provided further that one (1) member shall be a licensed

mason

Provided f u r t h e r that t w o (2) members shall be

warranted Periti a n d one ( 1 ) of whom shall have practiced the

profession for at least ten (10) years

Provided further that the Minister may designate one (1) of

the members as Deputy Chairperson and the member so designated

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

Chairperson during the Chairperson’s temporary absence or in the case

of inability of the Chairperson to perform his functions.

The Committee shall have a secretary who shall be

appointed by the Minister and who shall have such duties as may be

assigned by the Committee.

The Authority shall provide the necessary administrative

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

(1) The members of the Committee and the secretary

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

original term of office.

(1)

The Committee shall have the following functions

Functions of the

Committee.

(a) to issue licenses for masons in accordance with these

regulations

Provided that the Board may 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 decision taken by the Board in

respect of licensing requirements including the organisation of

the examination referred to in regulation 15(1);

(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 masonry trade

which the Board may be required to address by means of

regulations, policies and any amendment thereof;

(e) 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 Procedure and

Chairperson either on his own initiative or after accepting the request meetings

Committee.

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.

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

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

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

the meeting.

(3) The 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

among its members, provided that the quorum established in

accordance with sub-regulation (2) is satisfied.

(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 the criteria that may be applicable from time to time

within the public sector.

(1) The Authority shall publish a notice in the Gazette

and on the Authority’s website indicating the time period within which

it shall commence receiving and accepting applications for masons’

licences.

(2)

The notice shall

(a) specify the form, information and documents required

for the submission of an application for a licence in accordance

with these regulations;

(b)

the dates and time for the examinations; and

(c)

the application fees in accordance with Schedule I.

The applicant shall satisfy the requirements as stipulated,

whereby he

(a) has attained the age of eighteen (18) years and is a

citizen of Malta or of another Member State or is otherwise

authorized to work in Malta in accordance with any law;

(b) is in possession of a certificate of qualification or

competence in the field of building and construction

Provided that where the Committee deems that there is a

substantial difference between the certificates of qualification or

competence provided by the applicant, the Committee may give the

applicant the opportunity to demonstrate, by means of an aptitude test,

that he has acquired the necessary experience, knowledge and, or

competence to make up for such deficiency

Provided further that if the applicant does not possess any of

the certificates of qualification or competence, the Committee may

consider the applicant’s knowledge, competence and, or experience in

masonry construction works as comparable; and

(c)

is a person of good repute and conduct

Provided that an applicant shall not be deemed to satisfy

the requirement of good repute and conduct if

(i) at any time within two (2) years prior to the

submission of his application, he has been convicted by a

competent Court of an offence as contemplated in the Act

or any regulations made thereunder; or

(ii) at any time within two (2) years prior to the

submission of his application, he has been convicted of any

corresponding offence under the law of any country or

territory outside Malta

Provided further that if the applicant was less than eighteen

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

paragraphs (i) and (ii) shall be reduced to one (1) year.

An application for the issuance of a licence shall be Application for

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

licence.

Authority in accordance with these regulations, and shall satisfy the

requirements specified in regulation 13 together with the following

additional requirements

(a) the address provided by the applicant and the

applicant’s electronic mail address;

(b) any other necessary information which may be

requested by the Authority in accordance with these regulations;

(c)

payment of the fee as provided in Schedule I; and

(d) a conduct certificate issued in accordance with the

Conduct Certificates Ordinance, issued not later than two (2) Cap. 77.

months from the submission of the application

Provided that where 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 his habitual

residence shall be provided instead.

(1) The Committee shall assess the professional

competence of the applicant by means of an examination held for such

purpose to determine the level of competence of the applicant in the

subjects listed in the Schedule II.

(2) The examination shall be in the form of either a written

and, or oral examination and a practical examination.

(3) The Committee shall reach a decision on an application

submitted in accordance with these regulations within fifteen (15) days

from the date of completion of the examination

Provided that where the Committee fails to reach a decision

on an application, a one (1) time concession of a period of fifteen (15)

days shall be granted during which a final decision shall be reached.

(4) At any stage prior to final determination of the application,

the Committee may request any information about the applicant from

any competent authority as it may deem necessary.

(1) The Committee shall be responsible for the issuance of

a mason’s licence.

(2) The licence shall be valid for a period of two (2) years from

the date on which it was issued unless otherwise revoked or suspended.

(3) Licences issued in accordance with these regulations shall

be subject to renewal every two (2) years

Provided that for the purposes of renewing a licence, the

licensed mason shall submit a valid and complete application in the

form prescribed by the Authority, to the Chief Executive Officer

together with the fee established in Schedule I, not later than ninety

(90) days prior to the expiry date of the valid licence

Provided further that, in the event that the application for

renewal is not submitted within the prescribed period, the Committee

may at its discretion, accept the renewal of the application only, if the

applicant provides a valid reason.

(4) For the first renewal of a licence issued prior to the coming

into force of these regulations in accordance with the provisions of the

Code of Police Laws, the Committee may subject the applicant to an

examination process as stipulated in regulation 15.

(1) The details of the licence shall be kept in the register

held by the Authority, and shall include the following

(a)

the licence reference number;

(b)

the details of the licensed mason;

(c)

date of issuance of licence; and

(d) any condition of the licence imposed by the

Committee.

(2) The duly licensed mason shall inform the Authority

without delay of any change in the licence details and any change in

the information submitted as part of the application submission

requirements in accordance with regulation 14.

(1) When the Committee intends to refuse an application, Refusal of an

it shall give the applicant notice of its intention in writing within fifteen application

licence.

(15) days from the date of completion of the examination and set out

the reasons for refusal.

(2) The notice as provided for in sub-regulation (1) shall specify

that the applicant shall have the right, within fifteen (15) days from the

date of receipt of such notice, to make representations in writing before

the Committee giving reasons why the application should not be

refused, and the Committee shall consider any representation so made

before reaching its final decision.

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

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

of its decision by registered mail within five (5) days from the decision.

(4)

The decision notice shall

(a) include the reasons leading to the Committee’s

decision of refusal, including the results of the examination held

in accordance with regulation 15(1); and

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

appealed before the Tribunal within twenty (20) days from the

date of publication of the said notice on the website of the

Department of Information.

(1) When any duly licensed mason applies to the Application for

Authority for the cancellation of the licence, the application shall be the

of a licence.

made in the form prescribed by the Authority and shall be accompanied

by the payment of the cancellation fee laid down in Schedule I. The

application shall include a declaration signed by applicant stating that

the applicant is not aware of any proceedings or of any other reason for

the institution of any proceedings which may result in the removal of his

name from the register held by the Authority.

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

receipt of an application to cancel the licence, remove such licence

from the register

Provided that any cancellation shall be without prejudice to

the liability of the applicant in respect of any work or services rendered

by the applicant prior to such cancellation, or any damages or injuries

resulting therefrom.

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

the applicant within thirty (30) days from such decision by means of

registered mail.

The Authority shall request the licenced masons to attend

courses when the Authority considers that new practices and regulations

pertaining to the trade of mason and competencies in addition to those

listed in Schedule II have been introduced, to ascertain that the

applicants are able to execute any work covered by the licence

Provided that the Authority shall also require the

attendance and completion of such courses before any subsequent

renewal application.

(1) Whosoever assumes the trade of mason with a

suspended licence or without a valid licence issued in accordance with

these regulations, shall be guilty of an offence against these

regulations and shall on conviction be liable, to a fine (multa)

exceeding one thousand euro (€1,000) but not exceeding two thousand

euro (€2,000), and in the case of a continuous offence to a further fine

(multa) of fifty euro (€50) for each day during which the offence

persists.

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

licence issued in terms of these regulations or who acts in breach of any

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

regulations and shall on conviction be liable, to a fine (multa)

exceeding one thousand euro (€1,000) but not exceeding two thousand

euro (€2,000), and in the case of a continuous offence to a further fine

(multa) of fifty euro (€50) for each day during which the offence

persists.

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

these regulations shall be guilty of an offence against these regulations

and shall on conviction be liable, to a fine (multa) exceeding one

thousand five hundred euro (€1,500) but not exceeding two thousand

euro (€2,000), without prejudice to any other higher punishment for

which the applicant may be subject under any other law.

(4) The Court may, upon convicting the licensed mason for any

offence against these regulations, in addition to any of the punishments

specified in these regulations, order the suspension or revocation of the

licence for any period which the Court deems fit.

(1) Notwithstanding any other provision of these regulations, Administrative

and without prejudice to any other procedure for which the person or penalty.

entity acting in breach of these regulations may be liable under any other

law, in the event of any breach of these regulations, the Authority shall

issue an enforcement notice in accordance with article 23 of the Act,

and, or impose an administrative penalty in terms of article 26 of the Act

in an amount not exceeding two thousand euro (€2,000), and in the case

of a continuous offence to a further fine of fifty euro (€50) for each day

during which the offence persists.

(2) In all cases where the Authority imposes an administrative

penalty in respect of anything done or omitted to be done by any

person in accordance with these regulations and where such act or

omission also constitutes a criminal offence, no proceedings may be

instituted against the person in respect of such offence when such

person accepts responsibility for the breach of these regulations in

respect of which the administrative penalty is imposed and implements

any remedial measures as may be directed by the Authority and pays

the administrative penalty imposed on him.

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

punishment for which the applicant, or licensed mason may be liable to revocation

licence.

under these regulations, the Act or any other law, the Board may revoke

or temporarily suspend any licence issued in accordance with these

regulations, for failure to comply with any conditions of the licence or

with any requirement set out in the Act or any regulation made

thereunder.

(2) A license 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.

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

may upon conviction of a licensed mason for any offence related to

construction and, without prejudice to the powers of the Authority in

terms of the Avoidance of Damage to Third Party Property S.L. 623.06.

Regulations and the Construction Industry Licensing Regulations, S.L. 623.09.

suspend every licensed mason from the exercise of the trade of mason

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

Authority to revoke a license issued in accordance with these

regulations or refuse its renewal.

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

published in the Gazette, a notice in the Authority’s website and an

entry in the register, make available to the public the names and details

of a licensed mason whose license has been suspended or revoked.

(5) Any person feeling aggrieved by a decision of the

Authority concerning the revocation or suspension of a license or of

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

terms of the Act.

(6) In the case of suspension or revocation of a license

provided for in these regulations, the Authority may at its discretion

decide to reinstate the person if such person, upon the submission of a

fresh application, provides sufficient evidence and assurance that the

applicant has taken the necessary measures to rectify every occurrence

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

Every person who on the coming into force of these

regulations is in possession of a valid licence issued under the Code of

Police Laws authorising the person to exercise the trade of mason, shall

be deemed to hold the licence as specified in these regulations

Provided that all the current valid licences which are to

expire in the year 2024 shall remain valid up to 31 st December 2024,

and a renewal application shall be submitted by not later than 31st

December 2024.