TOURISM ACCOMMODATION ESTABLISHMENTS REGULATIONS *

TOURISM ACCOMMODATION ESTABLISHMENTS

SUBSIDIARY LEGISLATION 409.04

TOURISM ACCOMMODATION ESTABLISHMENTS

REGULATIONS *

16th October, 2012

LEGAL NOTICE 351 of 2012 as amended by Legal Notice 407 of 2014.

The title of these regulations

is

the

Tourism

Accommodation Establishments Regulations.

(1)

In these regulations, unless the context otherwise

requires

"accommodation units" means guest bedrooms, suites or self-

catering units;

"the Act" means the Malta Travel and Tourism Services Act;

"agro-tourism", in the context of a special label, means premises

of accommodation for tourists being an integral pa rt of an

operational farm or agricultural operation in a rural area, providing

opportunities for participation in an operational farm or other

agricultural operations forming part of the same farm or

agricultural operation;

"bed and breakfast", in the context of a special label, means a

one, two, three or four star hotel which is exempted from providing

a restaurant and restaurant service, but is still required to provide a

bar, a breakfast room and breakfast service and which is also

exempted from providing a swimming pool;

"bunk beds" means a system of two beds placed over each other;

"Eco Certification" means the certificate issued by the Authority

confirming that the hotel conforms to the requirements of the Eco

Certification Scheme as established by the Authority;

"farmhouse", in the context of a special label, means any

premises, used for the accommodation of tourists, being a self-

contained unit with facilities for sleeping, cooking and dining,

constructed and finished to represent a typical Maltese farmhouse,

generally with rustic furnishings and located in a village or rural

environment;

"guest house" has the same meaning as "guest house" in the Act,

but in more specific terms, it means any building or part of a

building having an independent entrance, provides accommodation

in not more than thirty bedrooms but not in shared room

accommodation, offers breakfast and limited reception services to

the public, in accordance with the standards established in the Fifth

Schedule;

"heritage", in the context of a special label, means a building

having a heritage or historical significance, as certified by a

competent person or entity;

*These regulations have been repealed by Legal Notice 92 of 2026.

TOURISM ACCOMMODATION ESTABLISHMENTS

"hostel" has the same meaning as in the Act, but in more specific

terms, it means any building or part of a building, having an

independent entrance, providing private or shared room

accommodation and amenities of a basic standard to the public and

offering breakfast in a breakfast room and limited reception service

in accordance with the standards established in the Sixth Schedule;

"hotel" has the same meaning as in the Act, but in more specific

terms, it means a building or part of a building or group of

connected buildings, sited within a single and defined parcel of

land, where ancillary services and amenities are provided to the

public in accordance with the standards established by the First,

Second and Third Schedules. Accommodation may consist of guest

bedrooms, suites, self catering units or a mix of such units;

"the Planning Authority" means the Planning Authority

established under the Development Planning Act and includes any

body or other person acting on its behalf under powers delegated by

the Planning Authority under the said Act;

"quality standards" means the standards established by the

Authority in order to assess the quality aspects of the tangible

elements of hotel and tourist village operations - guest bedrooms,

guest bathrooms, exterior of hotel and all public areas;

"rural", in the context of a special label, means a rural locality as

determined by the Authority;

"self-catering unit" means an accommodation unit within a

tourism accommodation establishment for use by guests which, in

addition to the facilities and furnishings of a hotel room, provides

also kitchen, living and dining facilities in accordance with the

standards indicated in the Second Schedule;

"special label" means the particular label assigned by the

Authority to a hotel, tourist village, guesthouse or farmhouse,

which label is granted by the Authority to further distinguish

between the different types of accommodation according to their

main use or character;

"tourism accommodation establishments" means hotels, tourist

villages, guest houses, hostels, and any other tourism

accommodation establishment as the Authority may from time to

time determine;

"Tourism Compliance Certificate" means the preliminary

compliance certificate issued by the Authority with regard to

applications for new tourism establishments, extensions,

modifications or redevelopments or for reclassification of existing

tourism establishments under regulation 5;

"Tourism Design Guidelines Certificate" means the certificate

issued by the Authority approving plans of a tourism

accommodation establishment following applicant’s consultation

with the Panning Authority and prior to the issue of the

Development Permit by the Planning Authority;

"tourist village" means any building howsoever described, which

does not exceed the maximum height of three storeys, which is

detached from any other building and is situated within an

TOURISM ACCOMMODATION ESTABLISHMENTS

extensive and defined parcel of land in which accommodation,

ancillary services and amenities are provided by a common

management, whereby the accommodavtion units consist in guest

bedrooms or suites or self-catering units or a combination of the

same, and in which sport and, or recreational activities are offered

and other outdoor facilities are provided.

(2) Words and expressions used in these regulations and which

are also used in the Act have the same meaning as in the Act.

These regulations shall apply to hotels, tourist villages,

guest houses, hostels, and other tourism accommodation

establishments howsoever described.

(1) The Minister may from time to time, following

consultation with the Authority, issue tourism policy guidelines,

which shall, however, not be imposed retrospectively.

(2) The Authority shall, in order to clarify or to explain such

policies or regulations, issue explanatory notes in order to guide the

industry on the implementation of these policies and regulations.

(3) Licensees shall ensure that their tourism accommodation

establishments conform with the provisions of these regulations

and to any policy guidelines that may be established from time to

time.

(1)

Where the applicant submits to the Authority -

(a) applications for

new

tourism

accommodation

establishments, or

(b) extensions, modifications or redevelopments

of

existing tourism establishments, or

(c) re-classification of existing establishments,

the Authority shall issue a Tourism Compliance Certificate to the

applicant, provided that

(i)

such development or re-classification conforms

with the established tourism policy guidelines

and regulations at the time; and

(ii) the applicant submits to the Authority the

requested documentation and information

indicated in the appropriate application.

(2) The granting of a Tourism Compliance Certificate referred

to in sub-regulation (1) shall not exonerate the applicant from

obtaining a licence under regulation 6(1) and from any licence,

permit or authorisation which may be required under any other law.

(3) When the plans, which are approved by the Authority

according to the Tourism Compliance Certificate, are amended

following the applicant’s consultation with the Planning Authority,

the applicant shall re-submit to the Authority such plans prior to

the final decision on the application being taken by the Planning

Authority. The Authority shall issue a Tourism Design Guidelines

Certificate after ensuring that these plans still conform to current

TOURISM ACCOMMODATION ESTABLISHMENTS

tourism policy and design guidelines and with the structural

specifications of its regulations. The Authority shall only issue the

licence once it is satisfied that the building is compliant to the

Planning Authority permit.

(4) The Tourism Compliance Certificate and the Tourism

Design Guidelines Certificate shall have a validity period of three

years from date of issue.

(1) No person shall operate or allow the operation of a

tourism accommodation establishment unless such person shall

have previously applied for and obtained a valid licence issued by

the Authority for this purpose in conformity with the Act, these

regulations and any other regulations which may be in force from

time to time.

(2) A licence for the operation of a hotel or tourist village shall

include the operation of catering establishments forming part of the

same premises

Provided that the guests being accommodated within the

accommodation establishment have access to these catering

establishments and the catering establishments forming part of the

hotel or tourist village are in compliance with the standard criteria

specified under the First, Second and Third Schedules

Provided further that the sale of wine and spirits within a

tourism accommodation establishment would require a licence

separate from the necessary licence required to operate a tourism

accommodation operation to operate a hotel, or tourist village or

catering establishment.

(3)

(a) Licensees of hotels or tourist villages who require that

catering establishment, forming part of their

accommodation establishment, be included in the

hotel’s or tourist village’s licence, in terms of sub-

regulation (2), shall apply to the Authority for this

purpose

Provided that this shall apply only to catering

establishments other than those that are to be provided

on a mandatory basis in accordance with the First

Schedule.

(b) Full details, including the name and location of the

catering establishments required to be exempt from

having a separate licence from that of the hotel or

tourist village, are to be supplied to the Authority.

(4) The Authority shall consider such requests made in

accordance with sub-regulation (3) and, provided it is satisfied that

the catering establishment has the required permits for such use,

and that it is in compliance with these regulations, it shall approve

such request, and include the details of the catering establishment

in the licence of the hotel, or tourist village, and inform the

licensee accordingly.

TOURISM ACCOMMODATION ESTABLISHMENTS

(5)

(a) Any person whose application for a hotel licence has

been filed with the Authority after the coming into

force of these regulations shall ensure that within six

months from the issue of the licence, the property

conforms to the requirements of the Eco Certification

Scheme as established by the Authority.

(b) Once licensed, the licensee shall inform the Authority

of alterations, if any, affecting the establishment’s

operation. In the case of alterations that may or shall

prejudice the classification assigned to the

establishment, the licensee shall seek the Authority’s

prior approval.

(6) Once licensed, the licensee shall inform the Authority of

any alterations affecting the operation of the establishment

Provided that in the case of alterations that prejudice the

classification assigned to the establishment, the licensee shall seek

the Authority’s prior approval.

(1) Tourism accommodation establishments shall be

classified according to the standard requirements as shown in the

First Schedule in the case of hotels, the First Schedule and the

Fourth Schedule in the case of tourist villages, the Fifth Schedule

in the case of guest houses or the Sixth Schedule in the case of

hostels.

(2) The Authority shall classify tourism accommodation

establishments as follows

(a) hotels in five different classes;

(b) tourist villages in five different classes;

(c) guest houses in two different classes; and

(d) hostels in one class.

(3) Subject to sub-regulations (1) and (2), cells marked ‘M’ in

the First Schedule indicate that the regulation is mandatory for the

corresponding classification

Provided that for the purpose of classification

(a) if the licensee of a tourism accommodation

establishment fulfils a requirement, the full allotment

of points in the fourth column of the First Schedule

will be awarded;

(b) if a requirement is only partially fulfilled, the licensee

shall not receive any points;

(c) the licensee of a One Star tourism accommodation has

to attain and maintain ninety points to be classified as

a One Star tourism accommodation;

(d) the licensee of a Two Star tourism accommodation has

to attain and maintain one hundred and seventy points

to be classified as a Two Star tourism accommodation;

(e) the licensee of a Three Star tourism accommodation

TOURISM ACCOMMODATION ESTABLISHMENTS

has to attain and maintain two hundred and fifty points

to be classified as a Three Star tourism

accommodation;

(f)

the licensee of a Four Star tourism accommodation has

to attain and maintain three hundred and eighty points

to be classified as a Four Star tourism accommodation;

(g) the licensee of a Five Star tourism accommodation has

to attain and maintain five hundred and seventy points

to be classified as a Five Star tourism accommodation;

and

(h) in the case of licensees of tourism accommodation that

manage to attain and maintain a total one hundred and

seventy points in the case of One Star tourism

accommodation, two hundred and fifty points in the

case of Two Star tourism accommodation, three

hundred and eighty points in the case of Three Star

tourism accommodation, five hundred and seventy

points in the case of Four Star tourism accommodation

and six hundred and fifty points in the case of Five

Star tourism accommodation, the licensee of each

respective category will be awarded the ‘Superior’

label in addition to the basic classification of One,

Two, Three, Four or Five Star, as the case may be.

(4)

(a) Persons licensed by the Authority to operate tourism

accommodation establishments shall at all times ensure

t hat su ch to urism acco mm od ation establ ishm ent

complies with the requirements as provided in the

First, Second and Third Schedules (Hotels), the Fourth

Schedule (Tourist Villages), the Fifth Schedule (Guest

Houses) and the Sixth Schedule (Hostels), as the case

may be.

(b) Persons licensed by the Authority to operate hotels and

tourist villages shall ensure that their tourism

accommodation establishment complies with the

quality standards as established by the Authority.

(5) No person shall have a right to claim compensation or

redress from the Authority in respect of any decision taken by the

Authority before the coming into force of these regulations.

When a tourism accommodation establishment does not

qualify under any of the definitions provided in these regulations,

the Authority may consider establishing a new category with

appropriate criteria under which such tourism accommodation

establishment shall be classified

Provided that this regulation does not apply to any other

establishment that does not meet the minimum requirements

established in the First Schedule.

(1) The Authority shall, by means of quality standards

established by the Authority, assess the quality of the tangible

elements of tourism accommodation establishments.

TOURISM ACCOMMODATION ESTABLISHMENTS

(2) The Authority has the power to carry out site visits at

tourism accommodation establishments and carry out

investigations in order to assess the quality standard of these

establishments.

(3) Licensees of hotels and tourist villages shall ensure that

their establishments obtain and remain in compliance with the

minimum mandatory requirements applicable to their classification

as provided in the First, Second and Third Schedules in the case of

hotels and the Fourth Schedule in the case of tourist villages.

(4) Licensees whose hotel or tourist village fails to obtain the

minimum mandatory requirements established in the First, Second

and Third Schedules in the case of hotels and the Fourth Schedule

in the case of tourist villages shall be given a timeframe by the

Authority within which to rectify the shortcomings. If these

shortcomings are not rectified within the given timeframe, the

Authority may downgrade the classification of the establishment or

suspend its operating licence as provided for under the Tourism

Operations (General) Regulations until the shortcomings have been

rectified to its satisfaction or impose fines as stipulated in the

regulations.

(1) The Authority may, following a submission of the

appropriate application by a licensee of a hotel, tourist village,

guest house or farmhouse, assign a particular special label to the

hotel, tourist village, guest house or farmhouse licensed under the

Holiday Premises Regulations, if in the opinion of the Authority,

such label best describes that tourism accommodation

establishment or farmhouse.

(2) The special labels that may be assigned by the Authority

according to the criteria for each label shown in the Seventh

Schedule are: ‘agro-tourism’, ‘B&B’, ‘heritage’, ‘resort’, ‘rural’

and ‘spa’. The Authority may, from time to time, add other special

labels which it deems fit and appropriate.

(3) Licensees of a hotel, tourist village, guest house or

farmhouse, as the case may be, may apply to the Authority for the

assignment of a special label as described in sub-regulation (2).

(4) The Authority shall, on receipt of such application,

consider the request and assign a special label if the hotel, tourist

village, guest house or farmhouse is in conformity with the criteria

of that particular label as shown in the Seventh Schedule.

(5) The Authority shall not assign more than three different

special labels to the same hotel, tourist village, guest house or

farmhouse, at any one time.

(6) The standards that qualify a hotel, tourist village, guest

house or farmhouse for a special label are those indicated in the

Seventh Schedule.

(7)

The licensee of a hotel, tourist village, guest house or

TOURISM ACCOMMODATION ESTABLISHMENTS

farmhouse who has been assigned a special label by the Authority

is bound to exhibit the special label when advertising, marketing

and publicising the hotel, tourist village, guest house or farmhouse,

as the case may be.

(8) The licensee of a hotel, tourist village, guest house or

farmhouse who has been assigned a special label by the Authority,

shall notify the Authority in writing when the special features by

virtue of which the label had been originally assigned by the

Authority are no longer in place at the hotel, tourist village, guest

house or farmhouse.

(9) The Authority may withdraw the special label which it had

previously assigned to a hotel, tourist village, guest house or

farmhouse, if, following an investigation, it is confirmed that the

description of the special label no longer appropriately applies to

that particular hotel, tourist village, guest house or farmhouse.

(10) Any licensee of a hotel, tourist village, guest house or

farmhouse who -

(a) does not have the approval of the Authority for a

special label, or

(b) has had the special label withdrawn by the Authority,

or

(c) has had the special label withdrawn or not renewed by

the licensee or operator,

shall not exhibit the special label and shall not advertise, market or

promote the hotel, tourist village, guest house or farmhouse as

having that particular special label.

(11) When a hotel, tourist village, guest house or farmhouse

which has been assigned a special label has had its licence

suspended or revoked by the Authority, the special label shall also

be considered as suspended or revoked, as the case may be.

(12) Special labels granted by the Authority under these

regulations shall be valid for two years. If, after the expiry of the

special label, the licensee wants to renew the special label for a

f u r t h e r p e r i o d o f tw o ye a r s , t h e n t h e l i c e n s e e s h a l l f i l e an

application for renewal with the Authority at least two months

before the expiry of the two year period.

(13) (a) For hotels or guest houses assigned a special label of

‘heritage’, the requirements of the Seventh Schedule

apply.

(b) For hotels or guest houses assigned the special label of

‘B&B’ the requirements of the Seventh Schedule apply

provided that the licensee or applicant for a licence for

a three star hotel, who has been granted the exemption

of a swimming pool, pays a one time payment as

established by the Authority.

(14) (a) When the Authority approves a hotel, tourist village,

TOURISM ACCOMMODATION ESTABLISHMENTS

guest house or farmhouse for a special label, it shall

issue an appropriate plaque according to a style and

design as may be established by the Authority

indicating that the hotel, tourist village, guest house or

farmhouse is authorised to promote itself with that

particular label.

(b) The licensee and operator of a hotel, tourist village,

guest house or farmhouse which has been assigned a

plaque by the Authority denoting such recognition,

shall exhibit such plaque in a prominent place on the

facade of his establishment.

(15) The assigned special label may be withdrawn by the

Authority if any of the standards under the criteria of that particular

label, as shown in the Seventh Schedule, is no longer in existence.

(16) When the assigned special label has been withdrawn by the

Authority or by the licensee or when the validity period of the

special label has expired and has not been renewed, the Authority

may reclassify the tourism accommodation establishment in

accordance with the schedules to these regulations without

considering any exemptions.

It shall be the responsibility of any licensee of any tourism

accommodation establishment to ensure that any offer of services

or amenities to persons other than guests, shall not prejudice the

provision of such services or amenities to guests residing in the

premises.

The Authority may allow for limited variations in the

figures of the spatial standards as set out in the schedules to these

regulations.

The Authority may consult with other competent authorities

prior to the issue or renewal of the licence to operate a tourism

accommodation establishment.

All permits and certificates relating to the operation of a

tourism accommodation establishment shall be available on the

premises of the tourism accommodation establishment at all times.

Any licensee of a tourism accommodation establishment

shall ensure that accommodation rates and tariffs, menus, price lists

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

prominently displayed and shown on demand to any guest or other

person making use of, or intending to make use of, any part of the

premises of the tourism accommodation establishment or of any

amenities or services available within the premises.

When a licensee of a tourism accommodation establishment

requests the Authority to change the name of the establishment, the

Authority shall consider such request and if approved, may impose

such conditions as it may deem necessary including, but not limited

to, an obligation by the licensee to indicate clearly the previous

name of such tourism accommodation establishment in addition to

TOURISM ACCOMMODATION ESTABLISHMENTS

the new name, in all the advertising and promotion of the said

establishment for a period of six months from the date of such

approval. This shall not apply to tourism accommodation

establishments whose upgrading of their classification has been

approved by the Authority.

Any licensee of a tourism accommodation establishment

shall ensure that the whole premises, facilities and equipment are

properly maintained and cleaned at all times.

(1) Compliance with the provisions of these regulations

shall be deemed to be a condition to which a licence to operate any

tourism accommodation establishment is subject, irrespective of

whether reference to these regulations is made in the licence itself.

(2) Any person who fails to comply with any of the provisions

of these regulations shall be guilty of an offence and shall be liable

to the fines and penalties as indicated in articles 43 and 45 of the

Act.

TOURISM ACCOMMODATION ESTABLISHMENTS

Third Schedule

Amended by

L.N. 407 of 2014

+27(/663$7,$/$1'6758&785$/5(48,5(0(176

(A) - Column A is applicable to new developments, re-developments, extensions or upgrading of

hotels/aparthotels (i) whose application for a Tourism Compliance Certificate is filed with the

Authority after the coming into force of these Regulations; or (ii) whose application for a Tourism

Compliance Certificate, with regard to new development, redevelopment, extensions or

upgradings, was approved by the Authority before the coming into force of these Regulations

(B) - Column B is applicable to hotels/aparthotels which were either operating with a licence

originally issued by the Hotels and Catering Establishments Board or approved by the Authority

prior to the issue of a Tourism Compliance Certificate

(C) A shaded cell indicates that it is mandatory for that catoegory



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