ENERGY PERFORMANCE OF BUILDINGS REGULATIONS

SUBSIDIARY LEGISLATION 623.01

ENERGY PERFORMANCE OF

BUILDINGS REGULATIONS

13th February, 2018

LEGAL NOTICE 47 of 2018, as amended by Legal Notices 134 of 2020,

409 of 2021, 231 of 2022 305 of 2023 and 153 of 2026.

(1)

The title of these regulations is the Energy

Performance of Buildings Regulations.

(2) The scope of these regulations is to transpose Directive

2010/31/EU of the European Parliament and of the Council on the

energy performance of buildings and to give effect to its provisions.

These regulations promote the improvement of the energy

performance of buildings within the territory of Malta, taking into

account outdoor climatic and local conditions, as well as indoor

climate requirements and cost-effectiveness.

(1)

Unless otherwise stated in these regulations, the

definitions prescribed in the Act and in the Technical Document F

referred to in regulation 5, shall also apply.

(2) For the purpose of these regulations and unless the

context otherwise requires, the following definitions shall apply

"Act" means the Building and Construction Authority Act;

"advisory report" means a report made by an energy

performance of building (EPB) assessor, accompanying an Energy

Performance Certificate (EPC), worked on the basis of an assessment

of the energy performance of a building or heating or cooling

installations, and containing recommendations on how the energy

performance of the building or heating or cooling installations may

be improved in a cost-effective manner;

"air-conditioning system" means a combination of the

components required to provide a form of indoor air treatment, by

which temperature is controlled or lowered;

"asset rating" means an energy performance rating based on

(a)

data for the building as actually constructed;

(b)

calculations of the energy used in a building for

heating, cooling, ventilation, hot water and lighting; and

(c)

standard input data in relation to internal and

external climates and building occupation, and representing

the intrinsic energy performance potential of the building

under standardised conditions of weather and building

occupation;

"authorised officer" means a person authorised by the Head of

the Building and Construction Authority to monitor and ensure

compliance with these regulations;

"body corporate" means a body or legal entity, such as an

association, company, person, the government, government agencies,

corporation, or institution, identified by a particular name and

bearing a distinct and separate legal personality or legal status from

that of its members, also known as corporate entity;

"boiler" means the combined boiler body-burner unit, designed

to transmit to fluids the heat released from burning;

"building" means a roofed construction having walls, for

which energy is used to condition the indoor climate, and which may

refer to the building as a whole or part thereof which has been

designed or altered to be used separately;

"building automation and control system" means a system

comprising all products, software and engineering services that can

support energy efficient, economical and safe operation of technical

building systems through automatic controls and by facilitating the

manual management of those technical building systems;

"building element" means a technical building system or an

element of the building envelope;

"building envelope" means the integrated elements of a

building which separate its interior from the outdoor environment;

"the Building and Construction Board" means the Board as

established by article 3 of the Act;

"the Building and Construction Authority" shall have the same

meaning as assigned to it under article 5 of the Building and

Construction Authority Act;

"building unit" means a section, floor or apartment within a

building which is designed or altered to be used separately;

"cogeneration" means the simultaneous generation in one

process of thermal energy and electrical and, or mechanical energy;

"competent authority" means the Building and Construction

Authority established under article 5 of the Act, and includes any

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

the Authority under the Act;

"compliance certificate" means a certificate issued by a

competent person in certifying that the completed building is compliant

with these regulations and with Technical Document F (2023) Part 1

Dwellings Minimum Energy Performance and Building Envelope

Requirements, Part 2 Non-Dwellings Minimum Energy Performance

and Building Envelope Requirements, and Part 3 Technical Building

Systems, as the case may be, and any other instructions issued by the

Building and Construction Authority;

"the Commission" means the European Commission as

established by the Treaty on the European Union as amended by the

Lisbon Treaty of 2009;

"cost-optimal level" means the energy performance level

which leads to the lowest cost during the estimated economic

lifecycle, where

(a)

the lowest cost is determined taking into account

energy-related investment costs, maintenance and operating

costs including, where applicable, energy costs and savings,

the category of building concerned, earnings from energy

produced, throughout the estimated economic lifecycle

together with any disposal costs, if applicable; and

(b)

the estimated economic lifecycle is determined

according to the remaining estimated economic lifecycle of a

building where energy performance requirements are set for

the building as a whole, or to the estimated economic lifecycle

of a building element where energy performance requirements

are set for building elements. The cost-optimal level shall be

deemed to be obtained where the cost benefit analysis within

the range of performance levels, calculated over the estimated

economic lifecycle, is positive;

"design rating" is an energy performance rating based on

(a)

calculations, done at the design stage, of the

energy used in a building for heating, cooling, ventilation, hot

water and lighting;

(b)

standard input data related to internal and

external climates and building occupancy; and

(c)

the design characteristics of the building as

complete with permanently installed finishes, fixtures, fittings

and mechanical and electrical installations to render that

building habitable and good for its intended use under

standardised conditions of weather and building occupancy;

"development permission application" means an application

for a development permit issued by the Planning Authority;

"Directive (EU) 2023/1791" means Directive of the European

Parliament and of the Council of 13 September 2023 on energy

efficiency and amending Regulation (EU) 2023/955 (recast);

"district heating" or "district cooling" means the distribution of

thermal energy in the form of steam, hot water or chilled liquids or

other fluids, from a central source of production through a network to

multiple buildings or sites, for the use of space or process heating or

cooling;

"dwelling" means a building or building unit used or intended

to be used for domestic purposes and usually containing eating,

living, sleeping and sanitary facilities;

"effective rated output" means the maximum calorific output,

expressed in kW, specified and guaranteed by the manufacturer as

being deliverable during continuous operation while complying with

the useful efficiency indicated by the manufacturer;

"Enemalta" means the Enemalta plc as established by the

Enemalta (Transfer of Assets, Rights, Liabilities and Obligations)

Act;

"energy from renewable sources" means energy from

renewable non-fossil sources, namely wind, solar, aerothermal,

geothermal, hydrothermal and ocean energy, hydropower, biomass,

landfill gas, sewage treatment plant gas and biogases;

"energy from renewable sources produced nearby" means

energy from renewable sources, produced within a local or district-

level perimeter of a particular building, which fulfils all of the

following conditions

(a) it may be distributed and used only within that local

and district-level perimeter through a dedicated

distribution network;

(b) it allows for the calculation of a specific primary

energy factor valid only for the energy from renewable

sources produced within that local or district-level

perimeter; and

(c) it may be used on-site through a dedicated connection

to the energy production source, where such dedicated

connection requires specific equipment for the safe

supply and metering of energy for self-use of the

building;

"energy performance assessment (EPA)" means an assessment

of the energy performance of a building carried out by an EPB

assessor for the purpose of assigning an EPC;

"energy performance certificate (EPC)" means a certificate

issued by an EPB assessor recognised by the Building and

Construction Authority or by a person designated by it and authorised

to act on its behalf. The methodology used by the EPB assessor shall

conform with the methodology adopted in accordance with regulation

4;

"energy performance of a building (EPB)" means the

calculated or measured amount of energy, needed to meet the energy

demand associated with a typical use of the building, which includes,

inter alia, energy used for heating, cooling, ventilation, hot water and

lighting;

"entrusted party" means a legal entity with delegated power

from Government or another public body to develop, manage or

operate a financing scheme on behalf of Government or any other

public body;

"EPB assessor" means a person who is duly registered with the

Building and Construction Authority after it has taken into

consideration that such person is in possession of

(a)

a warrant to practice the profession of architect

and, or civil/structural engineer, or the warrant to practice the

profession of mechanical or electrical engineer, and who has

also successfully undertaken a period of training on the

assessment of the energy performance of buildings built in

Malta, and such training is approved by the Building and

Construction Authority; or

(b)

in the case of an EU citizen, a registration

certificate as an EPB assessor in any other Member State, and

a warrant to practice the profession of architect and, or civil/

structural engineer, or the warrant to practice the profession of

mechanical or electrical engineer

Provided that in the case of a person who comes to

Malta to provide such services for the first time, the service provider

or EPB assessor shall, in terms of regulation 9(1) of the Recognition

of Professional Qualifications Regulations, inform the Building and

Construction Authority in a written declaration to be made at least

two weeks in advance. Such declaration shall be renewed each year if

the service provider intends to provide temporary or occasional

services during that year

Provided also that for the first provision of services

whether on a temporary or permanent basis, or if there is a material

change in the situation substantiated by the documents, the Building

and Construction Authority may, in terms of regulation 9(2) of the

Recognition of Professional Qualifications Regulations, require that

the declaration and the registered certificate be accompanied by the

following documents

(a)

proof of the nationality of the service provider;

(b)

an attestation certifying that the holder is legally

established in a Member State for the purpose of pursuing the

activities concerned and that he is not prohibited, even

temporarily, from practising the relevant profession and that of

an EPB assessor;

(c)

evidence of professional qualifications;

"EPC data file" means an electronic file which contains a

report on the outcome of an EPA, which is completed by an EPB

assessor and provided to the Building and Construction Authority for

the purpose of notifying it of the record to be made or updated on the

EPC register in respect of a particular building, and it shall be

deemed to include any calculations and related data or documents

accompanying such report;

"EPC record" means the current and any previous EPC, any

advisory report, any EPC data file and any related data or documents,

as the case may be, pertaining to a building;

"EPC register" means a database of EPC records and related

data or documents established, operated, and maintained by the

Building and Construction Authority;

"EPC system" means the registers, procedures and rules

established, operated, and maintained by the Building and

Construction Authority for the purpose of administering EPCs and

related activities in accordance with these regulations;

"European standard" means a standard adopted by the

European Committee for Standardisation, the European Committee

for

Electro-technical

Standardisation

or

the

European

Telecommunications Standards Institute and made available for

public use;

"existing building" means any building which

(a)

is already constructed prior to the date of entry

into force of these regulations; or

(b)

is in the course of construction or earmarked for

construction and has a valid development permit in terms of

these regulations prior to the date of entry into force of these

regulations;

"final customer" means a natural or legal person who

purchases energy based on a direct, individual contract with an

energy supplier;

"heat generator" means the part of a heating system that

generates useful heat using one or more of the following processes

(a)

the combustion of fuels in, for example, a boiler;

(b) the Joule effect, taking place in the heating elements of

an electric resistance heating system;

(c) capturing heat from ambient air, ventilation exhaust

air, or a water or ground heat source using a heat

pump;

"heat pump" means a machine, a device or installation that

transfers heat from natural surroundings such as air, water or ground

to buildings or industrial applications by reversing the natural flow of

heat, such that it flows from a lower to a higher temperature. In the

case of reversible heat pumps, it may also move heat from the

building to the natural surroundings;

"heating system" means a combination of the components

required to provide a form of indoor air treatment, by which the

temperature is increased;

"independent air-conditioning systems inspector" means a

registered air-conditioning systems inspector who is not the owner or

tenant of the air-conditioning system being inspected, or an employee

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

maintenance of an air-conditioning system for which an inspection is

made;

"independent energy performance assessor" means a registered

assessor of energy performance of building, who is not the owner or

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

of any contractor responsible for the construction, finishing and, or

installation of mechanical or electrical services of a building for

which an EPC is being requested or inspections of boilers, or

lighting, space heating or space cooling systems are made;

"independent heating systems inspector" means a registered

heating systems inspector who is not the owner or tenant of the

heating system being inspected, or an employee of the owner, or of

any contractor responsible for the installation or maintenance of a

heating system for which an inspection is made;

"installation" means a system providing artificial lighting,

water heating, space heating or space cooling or space ventilation in

any combination;

"major renovation or alteration" means a renovation or

alteration

(a)

which affects a building by 25% or more of its

volume before such an intervention; or

(b)

where renovation of 25% or more of windows or

roofs or external walls is made; or

ENERGY PERFORMANCE OF BUILDINGS

(c)

where renovation of 25% or more of any energy

consuming installations for artificial lighting, or heating or

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

(d)

where a change-of-use development permission

application and, or notification concerning buildings, is

submitted to the Planning Authority;

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

European Union;

"micro isolated system" means any system with consumption

less than 500 GWh where there is no connection with other systems;

"the Minister" means the Minister responsible for the building

industry and policy;

"nearly zero-energy building" means a building that has a very

high energy performance, as determined in accordance with Schedule

I. The nearly zero or very low amount of energy required shall be

covered to a very significant extent by energy from renewable

sources, including energy from renewable sources produced on-site

or nearby;

"new building" means any building which does not fall under

any of the categories of existing building;

"non-residential building or premises" means any building or

premises, or any part of a building or premises, which is not used or

is unsuitable for use as a residential building or habitation, and

includes industrial buildings, places of assembly, offices, schools and

shops;

"on-site" means within or on a particular building, or on the

land on which that building is located;

"owner" means

(a)

a person who has the exclusive and full

ownership of the building and who is acting in his own name,

or as an agent for or on behalf of another person, who is

entitled or shall be so entitled to receive the rent of the

building;

(b)

where the building is subject to usufruct, the

bare owner or the usufructuary;

(c)

an emphyteuta;

(d)

any one of the spouses, where the building to

which the EPC relates forms part of the community of

acquests;

"owner of an air-conditioning system" means a person acting

in his own name, or as an agent for or on behalf of another person,

who has the exclusive and full ownership of the air-conditioning

system;

"owner of a heating system" means a person acting in his own

name, or as an agent for or on behalf of another person, who has the

exclusive and full ownership of the heating system;

"person" means any natural or legal person;

"Planning Authority" means the authority established under

article 5 of the Development Planning Act;

"primary energy" means energy from renewable and non-

renewable sources and which has not undergone any conversion or

transformation process;

"prospective buyer or tenant" means a person who

(a)

is in the process of entering a sale agreement

with another person or with the agent of such other person for

the purpose of purchasing a building; or

(b)

enters a promise of sale agreement with another

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

purchasing a building; or

(c)

enters a contract of letting and hiring, whether

verbally or written, to rent a building;

"public bodies" means national, regional or local

authorities and entities directly financed and administered by

such authorities which do not have an industrial or commercial

character;

"register of EPB assessors" means a database containing a list

of EPB assessors registered with the Building and Construction

Authority and any other related data established, operated,

maintained and owned by the Building and Construction Authority;

"registered air-conditioning systems inspector" means a person

who is duly registered with the Building and Construction Authority

as an air-conditioning systems inspector;

"registered heating systems inspector" means a person who is

duly registered with the Building and Construction Authority as a

heating systems inspector;

"technical building system" means technical equipment for

space heating, space cooling, ventilation, domestic hot water, built-in

lighting, building automation and control, on-site electricity

generation, or a combination thereof, including those systems using

energy from renewable sources, of a building or building unit;

"Technical Document F" means the minimum energy

performance requirements and technical building systems in force at

the time in accordance with sub-regulation (1) of regulation 5, as may

from time to time be amended, as the Building and Construction

Authority shall determine, which shall also be made available on the

Authority’s website. Wherever minimum energy performance

requirements are mentioned the said requirements shall refer to

Technical Document F.

"unincorporated body" means a body or business which is

privately owned, often owned by one person having unlimited

liability owing to the non-registration of the business as a company

and which on the contrary of corporate bodies lacks legal personality;

"useful floor area" means the area of the building relevant to

the official calculation methodology relevant to that building

category;

"waste heat and cold" means unavoidable heat or cold

generated as a by-product in industrial or power generation

installations, or in the tertiary sector, which would be dissipated

unused into air or water without access to a district heating or cooling

system, where a cogeneration process has been used or will be used

or where cogeneration is not feasible.

These regulations provide for requirements as regards

(a)

the common general framework

for a

methodology for calculating the integrated

energy

performance of buildings and building units;

(b)

the application of minimum requirements for the

energy performance of new buildings and new building units;

(c)

the application of minimum requirements for the

energy performance of

(i)

existing buildings, building units and

building elements which are subject to major

renovation;

(ii) building elements which form part of the

building envelope and that have a significant impact on

the energy performance of the building envelope when

they are retrofitted or replaced; and

(iii) technical building systems whenever

they are installed, replaced or upgraded;

(d)

national plans for increasing the number of

nearly zero-energy buildings;

(e)

energy certification of buildings or building

units;

(f)

regular inspection of

heating

and

air-

conditioning systems in buildings; and

(g)

independent control systems

for

energy

performance certificates and inspection reports.

The methodology for calculating the energy

performance of buildings shall be in accordance with the common

general framework set out in Schedule I as established and

implemented through the Energy Performance Rating of Dwellings in

Malta (EPRDM) and Simplified Building Energy Model (iSBEMmt),

supplemented by the User’s Guide to iSBEMmt and the Technical

Guide to iSBEM, as issued and updated from time to time and as

communicated in the Gazette.

(1)

The Building and Construction Authority shall

take the necessary measures to establish minimum energy

performance requirements for buildings and building units with a

view to achieving cost-optimal levels. The energy performance shall

be calculated in accordance with the methodology referred to in

regulation 4. Cost-optimal levels shall be calculated in accordance

with the comparative methodology framework referred to in

regulation 6. The design of buildings, the construction, the renovation

and the technical building systems shall be compliant with Technical

Document F (2023) Part 1 Dwellings Minimum Energy Performance

and Building Envelope Requirements, Part 2 Non-Dwellings

Minimum Energy Performance and Building Envelope

Requirements, and Part 3 Technical Building Systems, as the case

may be, and as may from time to time be amended, as the Building

and Construction Authority shall determine. Technical Document F

(2023) shall be made available on the Authority’s website.

(2) The Building and Construction Authority shall take the

necessary measures to establish minimum energy performance

requirements for building elements that form part of the building

envelope and which have a significant impact on the energy

performance of the building envelope when they are replaced or

retrofitted, with a view to achieving cost-optimal levels.

(3) When setting requirements, the Building and

Construction Authority shall differentiate between new and existing

buildings and between different categories of buildings. These

requirements shall take into account general indoor climate

conditions, in order to avoid possible negative effects such as

inadequate ventilation, as well as local conditions and the designated

function and the age of the building.

(4) Minimum energy performance requirements shall be

reviewed at regular intervals which shall not be longer than five years

and, if necessary, shall be updated in order to reflect technical

progress in the building sector.

(5) The following categories of buildings shall be exempted

from the requirements of sub-regulations (1), (2), (3) and (4)

(a)

buildings classified as scheduled property

(Grade 1 or 2) by the Planning Authority under article 57 of

the Development Planning Act and buildings officially

protected as part of a designated environment or because of

their special architectural or historical or contextual merit, in

so far as compliance with certain minimum energy

performance requirements would unacceptably alter their

character or appearance;

(b)

buildings used as places of worship;

(c)

temporary buildings with a time of use of two

years or less, industrial sites, workshops and non-residential

agricultural buildings with low energy demand, and non-

residential agricultural buildings which are in use by a sector

covered by a national sectoral agreement on energy

performance;

(d)

stand-alone buildings with a total useful floor

area of less than 50m 2 ;

(e)

a building constructed for the Enemalta plc, the

Water Services Corporation or any other similar entity, and

used as a generation, transmission or distribution station.

(1)

The Building and Construction Authority shall

establish standard cost-optimal levels based on macro-economic

scale and micro-economic scale of minimum energy performance

requirements using the comparative methodology framework

established in accordance with Schedule III and relevant parameters,

such as climatic conditions and the practical accessibility of energy

infrastructure, and compare the results of such standards with the

minimum energy performance requirements set out in the Technical

Document F.

(2) The Building and Construction Authority shall report to

the Commission, at regular intervals, which shall not be longer than

five years, all input data and assumptions used for such standards and

the results thereof. The report may be included in the Energy

Efficiency Action Plans (EEAP) referred to in regulation 24(2) of the

Energy Efficiency and Cogeneration Regulations.

(3) If the result of the comparison performed in accordance

with sub-regulation (2) shows that the minimum energy performance

requirements in force are significantly less energy efficient than cost-

optimal levels of minimum energy performance requirements, the

Building and Construction Authority shall justify this difference in

writing to the Commission in the report referred to in sub-regulation

(2). Such report shall, to the extent that the difference cannot be

justified, be accompanied by a plan outlining appropriate steps to

significantly reduce the difference by the next review of the energy

performance requirements as referred to in regulation 5(1), (2), (3)

and (4).

(1)

The Building and Construction Authority shall

take the necessary measures to ensure that new buildings meet the

minimum energy performance requirements as currently set in

Technical Document F. As from 1st January 2016 all newly

completed buildings that are subject to these regulations are to be

certified for compliance with these regulations with regards to the

applicable minimum energy performance requirements as set in

Technical Document F. The compliance certificate drawn up by the

responsible architect/engineer has to be submitted by the owner to the

Building and Construction Authority within one month of completion

and before the use of the building.

(2) For new buildings, the designer shall ensure that before

construction starts, the technical, environmental and economic

feasibility of high-efficiency alternative systems such as those listed

below, if available, is considered and taken into account

(a)

decentralized energy supply systems based on

energy from renewable sources;

(b)

cogeneration;

(c)

district or block heating or cooling, if available,

particularly where it is based entirely or partially on energy

from renewable sources;

(d)

heat pumps.

(3) The analysis of alternative systems referred to in sub-

regulation (2) shall be documented and available for verification

purposes and presented to the Building and Construction Authority

prior to construction

(a)

for small developments, the architect will be

required to make a self declaration following the consideration

of the alternative systems;

(b)

for major developments, an engineer’s report

will be submitted that shows the considerations taken with

regard to the alternative systems feasibility.

Such analysis of alternative systems may be carried out

for individual buildings or for groups of similar buildings or for

common typologies of buildings in the same area. As far as collective

heating and cooling systems are concerned, the analysis may be

carried out for all buildings connected to the system in the same area.

(4) Final customers for electricity and natural gas shall be

provided by their suppliers with competitively priced individual

meters that accurately reflect the final customer’s actual energy

consumption and that provide information on the actual time of use

(a)

where a new connection is made in a new

building or a building undergoes major renovations, as

established in this regulation, competitively priced

individual meters shall be provided in all such cases;

(b)

where in the assessment of the competent

authority, multi-apartment or multi-purpose buildings

supplied from district heating or district cooling, or

buildings with their own common heating or cooling

systems become prevalent, the Regulator for Energy and

Water Services shall establish transparent and publicly

available national rules on the allocation of the cost of

heating, cooling and domestic hot water consumption in

such buildings, in order to ensure transparency and

accuracy in the accounting for individual consumption

Provided that where the competent authority determines

that multi-apartment or multi-purpose buildings supplied from

district heating or district cooling, or buildings with their own

common heating or cooling systems have become prevalent, the

Regulator for Energy and Water Services shall be informed of such

decision and the competent authority shall provide the said Regulator

with all the relevant information and data for reaching such a

decision.

(1)

When buildings undergo major renovation, in

order to ensure that the renovated part thereof is upgraded to meet the

minimum energy performance requirements in force at the time, the

owner has to provide to the Building and Construction Authority a

compliance certificate drawn up by a warranted architect (perit) or

engineer or both, as the case may be, certifying such compliance,

within one month of completion of works and before the use of the

building.

(2) means technical equipment for space heating, space

cooling, ventilation, domestic hot water, built-in lighting, building

automation and control, on-site electricity generation, or a

combination thereof, including those systems using energy from

renewable sources, of a building or building unit;

(3) When a building element that forms part of the building

envelope which is -

(a)

greater than 10% of the whole building envelope

area in case of opaque elements; or

(b)

greater than 5% of the whole building envelope

area in case of glazed elements,

and is retro-fitted or replaced, in order to ensure that it meets the

minimum energy performance requirements, the owner has to

provide to the Building and Construction Authority a compliance

certificate by a warranted architect (perit) certifying such compliance

within one month of completion of works and before the use of the

building.

(1)

The Building and Construction Authority shall

establish a long-term renovation strategy to support the renovation of

the national stock of residential and non-residential buildings, both

public and private, into a highly energy efficient and decarbonised

building stock by 2050, facilitating the cost-effective transformation of

existing buildings into nearly zero-energy buildings. Each long-term

renovation strategy shall be submitted in accordance with the

applicable planning and reporting obligations and shall encompass

(a)

an overview of the national building stock, based,

as appropriate, on statistical sampling and expected share of

renovated buildings in 2020;

(b)

the identification of cost-effective approaches to

renovation relevant to the building type and climatic zone,

considering potential relevant trigger points, where applicable,

in the life-cycle of the building;

(c)

policies and actions to stimulate cost-effective

deep renovation of buildings, including staged deep renovation,

and to support targeted cost-effective measures and renovation

for example by introducing an optional scheme for building

renovation passports;

(d)

an overview of policies and actions to target the

worst performing segments of the national building stock, split-

incentive dilemmas and market failures, and an outline of

relevant national actions that contribute to the alleviation of

energy poverty;

(e)

policies and actions to target all public buildings;

(f)

an overview of national initiatives to promote

smart

technologies and well-connected buildings and

communities, as well as skills and education in the construction

and energy efficiency sectors; and

(g)

an evidence-based estimate of expected energy

savings and wider benefits, such as those related to health,

safety and air quality

Provided that to support the mobilisation of

investments into the renovation needed to achieve the goals

referred to in this regulation, the competent authorities or

bodies to which the competent authorities have delegated

responsibility, shall facilitate access to appropriate mechanisms

for

(i)

the aggregation of projects, including by

investment platforms or groups, and by consortia of

small and medium-sized enterprises, to enable investor

access as well as packaged solutions for potential clients;

(ii)

the reduction of the perceived risk of

energy efficiency operations for investors and the private

sector;

(iii)

the use of public funding to leverage

additional private-sector investment or address specific

market failures;

(iv)

guiding investments into an energy

efficient public building stock, in line with Eurostat

guidance; and

(v)

accessible and transparent advisory tools,

such as one-stop-shops for consumers and energy

advisory services, on relevant energy efficiency

renovations and financing instruments.

(2)

In its long-term renovation strategy, the Building and

Construction Authority shall set out a roadmap with measures and

domestically established measurable progress indicators, with a view

to the long-term 2050 goal of reducing greenhouse gas emissions in

the Union by 80-95% compared to 1990, in order to ensure a highly

energy efficient and decarbonised national building stock and in order

to facilitate the cost-effective transformation of existing buildings into

nearly zero-energy buildings. The roadmap shall include indicative

milestones for 2030, 2040 and 2050, and specify how they contribute

to achieving the Union’s energy efficiency targets in accordance with

Directive 2012/27/EU.

(2a) An updated version of the initial version of this strategy

shall be published by the c o m p e t e n t a uthority every three (3)

years, to be reckoned from the date of the publication of the initial

version. The updated versions shall also be submitted by the

competent authority to the Minister responsible for the Climate Action

Authority for inclusion in Malta’s integrated national energy and

climate plans required by Regulation (EU) 2018/1999 of the European

Parliament and of the Council of 11 December 2018 on the

Governance of the Energy Union and Climate Action, amending

Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European

Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/

31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the

European Parliament and of the Council, Council Directives 2009/119/

EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of

the European Parliament and of the Council.

(2b) The competent authority shall require the use of

minimum levels of energy from renewable sources produced on-site or

nearby, in new buildings and in existing buildings that are undergoing

major renovation or a renewal of the heating system in accordance

with these regulations, where this is economically, technically and

functionally feasible. The minimum levels may be fulfilled through

efficient district heating and cooling where it is demonstrated that this

is technically and economically feasible. In the case of existing

buildings, the minimum levels shall apply to the Armed Forces only to

the extent that their application does not in any manner conflict with

the nature and primary purposes of the activities of the Armed Forces,

and shall not apply to materials used exclusively for military purposes.

(2c) The Minister shall contribute to the achievement of the

indicative share of renewable energy by promoting the use of

renewable heating and cooling systems and equipment and may

furthermore promote innovative technology, such as smart and

renewable-based electrified heating and cooling systems and

equipment, complemented where applicable, by smart management of

energy consumption in buildings.

(3)

To support the development of the long-term renovation

strategy, the Building and Construction Authority shall carry out a

public consultation on its long-term renovation strategy prior to

submitting it to the Commission. A summary of the results of the

public consultation to the long-term renovation strategy shall be

annexed to the document intended to be submitted the Commission

Provided that the modalities for consultation shall be

established in an inclusive way during the implementation of its long-

term renovation strategy

Provided further that the details of the implementation of

its most recent long-term renovation strategy shall be annexed to the

long-term renovation strategy, including on the planned policies and

actions

Provided further that the long-term renovation strategy to

address fire safety and risks related to intense seismic activity

affecting energy efficiency renovations and the lifetime of buildings

may be made use of.

(4)

(a)

Without prejudice to regulation 8, the competent

authority shall take cost-effective measures, including deep

renovations and measures t o i n f l u e n c e t h e b e h a v i o u r change

of occupants, in order to achieve an amount of energy savings in

eligible buildings owned and occupied by public bodies, which are

at least equivalent to those required by paragraph 1 of Article 6 of

Directive (EU) 2023/1791, which amount of such energy savings shall

be reported annually to the Minister responsible for the Climate Action

Authority.

(b)

The competent authority shall estimate the

energy savings referred to in paragraphs (1) to (4) of

Article 6 of Directive (EU) 2023/1791 by using

appropriate standard values for the energy consumption

of reference public bodies before and after renovation

and according to estimates of the surface area of their

stock. The categories of reference public bodies shall be

representative of the stock of such buildings.

(c)

The Minister responsible for the Climate

Action Authority shall notify to the European

Commission the

measures that are planned to be

adopted, demonstrating how they would achieve an

equivalent improvement in the energy performance of

the public bodies.

(d)

For the purposes of establishing the

equivalence between the savings required to be achieved

in accordance with sub-regulation (1) and the energy

savings referred to in paragraphs (1) to (4) of Article 6 of

Directive EU 2023/1791, the competent authority in

collaboration with the Lands Authority, shall establish

and make publicly available an inventory of heated and,

or cooled buildings occupied by public bodies with a

total useful floor area over 250m 2 , excluding buildings

exempted pursuant to paragraph 2 of Article 6 of

Directive EU 2023/1791, containing the following

information

the floor area in metre squared (m 2 );

(i)

and

(ii)

the energy performance of each

building or relevant energy data.

(e)

The

competent

authority

shall

encourage public bodies, including social-housing

bodies governed by national law, with due regard to

their respective competences and administrative set-up

to

(i)

adopt an energy efficiency plan,

whether as a stand-alone plan or as part of a

broader climate or environmental plan, containing

specific energy saving and efficiency objectives

and measures, with a view to fulfilling the

exemplary role of public bodies as established in

this sub-regulation;

(ii)

put in place an energy management

system, including energy audits, as part of the

implementation of their plan;

(iii) use, where appropriate, energy

service companies and energy performance

contracting to finance renovations and to

implement plans a i m e d at maintaining or

improving energy efficiency in the long term.

(1)

For the purpose of optimising the energy use of

technical building systems, establishing system requirements in respect

of the overall energy performance, the proper installation, and the

appropriate dimensioning, adjustment and control of the technical

building systems which are installed in existing buildings, the system

designer shall follow Technical Document F (2023) Part 3 Technical

Building Systems, as updated and approved from time to time by the

Building and Construction Authority.

(2) System requirements are established for new, replacement

and upgrading of technical building systems and shall be applied in so

far as they are technically, economically and functionally feasible, in

accordance with Technical Document F (2023) Part 3 Technical

Building Systems, as updated and approved from time to time by the

Building and Construction Authority.

(3)

Repealed by Legal Notice 231 of 2022.

(4) Where the guidance contained in any technical

document issued in connection with these regulations relates only to

the particular requirements of these regulations, any construction

works and the installation of any permanent mechanical or electrical

services shall also comply with the requirements of any other laws

and regulations that are operative for the control of construction

works and installations.

(5) When new building services are installed in buildings, the

owner has to provide the Building and Construction Authority with a

certificate, issued by a warranted engineer, declaring compliance with

the applicable minimum energy performance requirements as set in

Technical Document F (2023) Part 3 Technical Building Systems.

(6)

Repealed by Legal Notice 231 of 2022.

(7)

Where technically and economically feasible, new

buildings shall be equipped with self-regulating devices for the

separate regulation of the temperature in each room or, where justified,

in a designated heated zone of the building unit. In existing buildings,

the installation of such self-regulating devices shall be required when

heat generators are replaced, where technically and economically

feasible.

(8)

New non-residential buildings and non-residential

buildings undergoing major renovation, with more than ten parking

spaces, shall be installed with at least one recharging point within the

meaning of Directive 2014/94/EU of the European Parliament and of

the Council and ducting infrastructure, namely conduits for electric

cables, for at least one in every five parking spaces to enable the

installation at a later stage of recharging points for electric vehicles

where

(a)

the car park is located inside the building, and, for

major renovations, renovation measures include the car park or

the electrical infrastructure of the building; or

(b)

the car park is physically adjacent to the building,

and, for major renovations, renovation measures include the car

park or the electrical infrastructure of the car park.

(9)

The Minister shall lay down requirements for the

installation of a minimum number of recharging points for all non-

residential buildings with more than twenty parking spaces, by 1

January 2025

Provided that the Minister may decide not to lay down or

apply the requirements described in sub-regulations (8) and (9) of this

regulation to buildings owned and occupied by small and medium-

sized enterprises as defined in Title I of the Annex to Commission

Recommendation 2003/361/EC.

(10) New residential buildings and residential buildings

undergoing major renovation, with more than ten parking spaces, shall

be installed with ducting infrastructure, namely conduits for electric

cables, for every parking space to enable the installation, at a later

stage, of recharging points for electric vehicles, where

(a)

the car park is located inside the building, and, for

major renovations, renovation measures include the car park or

the electric infrastructure of the building; or

(b)

the car park is physically adjacent to the building,

and, for major renovations, renovation measures include the car

park or the electrical infrastructure of the car park

Provided that the Minister may decide not to

apply sub-regulations (8), (9) and (10) to specific categories of

buildings where

(i)

with regard to sub-regulations (8) and (10),

building permit applications or equivalent applications

have been submitted by 10 March 2021;

(ii)

the cost of the recharging and ducting

installations exceeds 7% of the total cost of the major

renovation of the building;

(iii) a public building is already covered by

comparable requirements according to the transposition

of Directive 2014/94/EU;

(iv) the ducting infrastructure required would

rely on micro isolated systems if this would lead to

substantial problems for the operation of the local energy

system and would endanger the stability of the local grid.

(11)

The Minister shall

(a)

provide for measures in order to simplify the

deployment of recharging points in new and existing residential

and non-residential buildings and address possible regulatory

barriers, including permitting and approval procedures, without

prejudice to the property and tenancy law.

(b)

consider the need for coherent policies for

buildings, soft and green mobility and urban planning.

(c) ensure that, when a technical building system is

installed, replaced or upgraded, the overall energy performance of the

altered part, and where relevant, of the complete altered system, is

assessed. The results shall be documented and passed on to the

building owner, so that they remain available and can be used for the

verification of compliance with the minimum requirements laid down

pursuant to sub-regulation (1) of this Regulation and the issue of

energy performance certificates. Without prejudice to Regulation 13,

the Building and Construction Authority shall decide whether to

require the issuing of a new energy performance certificate.

(1)

The Building and Construction Authority shall

establish a system to monitor and enforce that

(a)

by 31st December 2020 all new buildings are

nearly zero-energy buildings; and

(b)

new buildings occupied and owned by public

authorities are nearly zero-energy buildings by 31st December

2018. (1a) The competent authority shall ensure that public buildings

at national, regional and local level serve as an exemplary role with

regard to the share of renewable energy used, in accordance with

these regulations and Article 6 of Directive (EU) 2023/1791.

(1b) The competent authority may allow that obligation to be

fulfilled, inter alia, by providing for the roofs of public or mixed

use private-public buildings to be used by third parties for

installations that produce energy from renewable sources, including

by coordinating with the Lands Authority in respect of buildings

which are owned by the Government.

(2) The Building and Construction Authority, in

collaboration, co-ordination with, and the participation of, the

Building and Construction Authority, shall draw up national plans for

the purpose of increasing the number of nearly zero-energy buildings.

The national plans may include targets differentiated according to the

category of building.

(3) The Board shall also develop policies and take measures

such as the setting of targets in order to stimulate the transformation

of buildings that are refurbished into nearly zero-energy buildings,

and shall draw up reports including such measures and inform the

Building and Construction Authority and the Commission about such

reports. Upon notification of the reports, the Building and

Construction Authority shall include the mentioned targets in the

national plans as set out in regulation 24(2) of the Energy Efficiency

and Cogeneration Regulations and inform the Commission about

such targets.

(4)

The national plans shall include, inter alia, the following

elements

(a)

the detailed application, in accordance with the

definition thereof, of nearly zero-energy buildings, reflecting

the national conditions, and including a numerical indicator of

primary energy use expressed in kWh/m 2 per year. Primary

energy factors used for the determination of the primary

energy use may be based on national yearly average values and

may take into account relevant European standards;

(b)

intermediate targets for improving the energy

performance of new buildings, with a view to preparing the

implementation of sub-regulation (2);

(c)

information on the policies and financial or other

measures adopted in the context of sub-regulations (2) and (3)

for the promotion of nearly zero-energy buildings, including

details of national requirements and measures concerning the

use of energy from renewable sources in new buildings and

existing buildings undergoing major renovation in the context

of regulations 7, 8, 10, 11 and 17(5) of the Promotion of

Energy from Renewable Sources Regulations.

(5) The competent authority shall introduce measures in its

building codes and regulations and, where applicable, in support

s c h e m e s , to in c re a s e t h e sh a r e o f a l l k i nd s o f e ne rg y fr o m

renewable sources in the building sector, in particular energy

produced on-site or nearby. The Minister after consultation with the

Building and Construction Authority Board may take into account,

where applicable, national measures relating to substantial

increases in renewables self-consumption, in local energy storage

and e ne rgy e fficiency, re lating to cogeneration and major

renovations which increase the number of nearly zero energy

buildings and buildings that go beyond the minimum energy

performance requirements provided for in regulation 5. These

requirements shall apply to the Armed Forces only insofar as their

application does not conflict with the nature and primary aims of

military activities, and shall not apply to material used exclusively

for military purposes.

(6) The competent authority in its building regulations and

codes, or other competent authorities by other means having

equivalent effect, shall require the use of minimum levels of energy

from renewable sources in new buildings and in existing buildings

that are subject to major renovation, insofar as this is technically,

functionally and economically feasible, and reflecting the results of

the cost-optimal calculation carried out pursuant to regulation

6,provided that this does not negatively affect indoor air quality.

(7) It shall be permitted for the minimum levels to be fulfilled,

inter alia, through efficient district heating and cooling systems

using a significant share of energy from renewable sources and

waste heat and cold.

(1)

In view of the importance of providing

appropriate financing and other instruments to catalyse the energy

performance of buildings and the transition to nearly zero-energy

buildings, the Building and Construction Authority shall take all

appropriate steps to consider the most relevant instruments in the

light of national circumstances.

(2) The Building and Construction Authority shall draw up

a list of existing and, if appropriate, proposed measures and

instruments, including those of a financial nature, other than those

required by these regulations, which promote the objectives of these

regulations. The Building and Construction Authority shall update

this list every three years and communicate these lists to the EU

Commission which may be included in the Energy Efficiency Action

Plans referred to in Directive 2006/32/EC.

(3)

The Building and Construction Authority shall link its

financial measures for energy efficiency improvements in the

renovation of buildings to the targeted or achieved energy savings, as

determined by one or more of the following criteria

(a)

the energy performance of the equipment or

material used for the renovation; in which case, the equipment

or material used for the renovation is to be installed by an

installer with the relevant level of certification or qualification;

(b)

standard values for calculation of energy savings

in buildings;

(c)

the improvement achieved due to such renovation

by comparing energy performance certificates issued before

and after renovation;

(d)

the results of an energy audit;

(e)

the results of another relevant, transparent and

proportionate method that shows the improvement in energy

performance

Provided that databases for energy performance

certificates shall allow data to be gathered on the measured or

calculated energy consumption of the buildings covered, including at

least public buildings for which an energy performance certificate, as

referred to and have been issued in accordance with regulation 12 and

regulation 13.

Provided further that at least aggregated anonymised

data compliant with Union and national data protection requirements

shall be made available on request for statistical and research

purposes and to the building owner..

(4) The provisions of these regulations shall not prevent the

Building and Construction Authority from providing incentives for

new buildings, renovations or building elements which go beyond the

cost-optimal levels.

(5) The Minister shall use all appropriate measures, tools

and incentives, including energy labels developed under Regulation

(EU) 2017/1369 of the European Parliament and of the Council of 4

July 2017 setting a framework for energy labelling and repealing

Directive 2010/30/EU, energy performance certificates established

pursuant to regulation 12, and other appropriate certificates or

standards developed at European Union or national level, and shall

ensure the provision of adequate information and advice on

renewable, highly energy efficient alternatives, as well as on financial

instruments and incentives available to promote an increased

replacement rate of old heating systems and an increased transition to

solutions based on renewable energy.

(1)

The Building and Construction Authority shall

provide all necessary measures to establish and maintain a system of

registration of the EPC. The EPC shall include the EPB and reference

values such as minimum energy performance requirements, in order

to make it possible for owners or tenants of the building or building

unit to compare and assess its energy performance.

(2) The EPC may include additional information such as the

annual energy consumption for buildings and the percentage of

energy from renewable sources in the total energy consumption.

(3) The EPC shall include recommendations for the cost-

optimal or cost-effective improvement of the EPB or building unit,

unless there is no reasonable potential for such improvement

compared to the energy performance requirements in force. The

recommendations included in the EPC shall cover

(a)

measures to be carried out in connection with a

major renovation of the building envelope or technical

building system(s); and

(b)

measures for individual building elements

independent of a major renovation of the building envelope or

technical building system(s).

(4) The recommendations included in the EPC shall be

technically feasible for the specific building and may provide an

estimate for the range of payback periods or cost-benefits over its

economic lifecycle.

(5) The EPC shall provide an indication as to where the

owner or tenant can receive more detailed information, including as

regards the cost-effectiveness of the recommendations made in the

EPC. The evaluation of cost effectiveness shall be based on a set of

standard conditions, such as the assessment of energy savings and

underlying energy prices and a preliminary cost forecast.

(6) In addition, the EPC shall contain information on the

steps to be taken to implement the recommendations. Other

information, such as energy audits or incentives of a financial or

other nature and financing possibilities, may also be provided to the

owner or tenant.

(7)

Certification for building units shall be based

(a)

on the assessment of an individual building unit

when it deals with residential buildings;

(b)

for all other non-residential uses, delineation

shall be based on use factor or ownership.

(8) Certification for single-family houses may be based on

the assessment of another representative building of similar design

and size with a similar and actual energy performance quality if such

correspondence can be guaranteed by the expert issuing the EPC.

(1)

The Building and Construction Authority shall

ensure that an EPC is issued for

(a)

buildings or building units which

are

constructed, sold or rented out to a new tenant; and

(b)

buildings where a total useful floor area over

250m 2 is occupied by a public authority and frequently

visited by the public.

(2) The requirement to issue an EPC does not apply where a

certificate, issued in accordance with these regulations, for the

building or building unit concerned, is available and valid.

(3) The owner of a building shall ensure that when buildings

or building units are constructed, sold or rented out, the EPC or a

copy thereof is shown to the prospective new tenant or buyer and

handed over to the buyer or new tenant, at the latest, before the date

of entering the promise of sale or rent agreement. As a derogation

from this same sub-regulation (3), if the new owner intends to make a

major renovation or demolish the building, the owner may request an

exemption to issue an EPC subject to the new owner making a

declaration to the Building and Construction Authority that at no time

will the existing building be used until such renovation or new

construction would have taken place. A new EPC will be required in

accordance with such renovation or new built.

(4) Where a building is sold or rented out prior to

construction, the seller shall provide a design rating EPC for the

building, and which in such case shall be handed over to the buyer or

tenant, at the latest, before the date of entering the promise of sale,

deed or rent agreement. A copy of the design rating EPC shall also be

attached to the promise of sale/deed. If alterations which change the

energy performance characteristics of the building have been made

during construction, a new EPC has to be provided to the buyer or

tenant. These alterations can only be effected by mutual agreement

between the parties and have to be recorded by a notarial deed.

(5) The owner or his agent shall ensure that where

buildings, building units and building units in a building having an

EPC are offered for sale or for rent, the energy performance indicator

of the EPC of the building or the building unit, as the case may be, is

stated in the advertisements in commercial media in compliance with

the Advertising Requirements Guidelines published by the Building

and Construction Authority and updated from time to time.

(6) The provisions of this regulation shall be implemented

in accordance with applicable national rules on joint ownership or

common property.

(7) The categories of buildings referred to in regulation 5(5)

shall be excluded from the application of sub-regulations (1), (3), (5)

and (6).

(1)

An owner or his agent shall obtain an EPC in the

form prescribed by these regulations when a building is constructed,

sold or rented.

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

independent EPB assessor after it is registered with the Building and

Construction Authority.

(3) As from the date indicated in this sub-regulation, a

person or agent acting on behalf of the owner who commissions the

design of a new building shall have in his possession an EPC based

on the design rating of the building and in the form prescribed by

these regulations just prior to obtaining a full development permit

from the Planning Authority

(a)

in relation to dwellings whose development

permit application was submitted after 2nd January 2009; and

(b)

in relation to all other buildings whose

development permit application was submitted after 1st June

2009. (4) As from the date indicated in this sub-regulation, a

person or agent acting on behalf of the owner who offers a building

for sale or letting, shall provide an EPC to the prospective buyer or

tenant prior to the promise of sale or at the time of signing of the rent

agreement. The EPC shall be in the form prescribed in these

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

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

if the building is already constructed and finished

(a)

as from 2nd January 2009, in relation to dwellings; and

(b)

as from 1st June 2009, in relation to all other buildings.

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

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

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

buyer or the tenant shall have the right to engage an assessor to issue

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

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

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

the payments of the rent due.

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

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

following categories of buildings

(a)

buildings classified as scheduled property

(Grade 1 or 2) by the Planning Authority under article 57 of

the Development Planning Act and buildings officially

protected as part of a designated environment or because of

their special architectural or historical or contextual merit, in

so far as compliance with certain minimum energy

performance requirements would unacceptably alter their

character or appearance;

(b)

buildings used as places of worship;

(c)

temporary buildings with a time of use of two

years or less, industrial sites, workshops and non-residential

agricultural buildings with low energy demand, and non-

residential agricultural buildings which are in use by a sector

covered by a national sectoral agreement on energy

performance;

(d)

stand-alone buildings with a total useful floor

area of less than 50m 2 ;

(e)

a building constructed for the Enemalta plc, the

Water Services Corporation or any other similar entity, and

used as a generation, transmission or distribution station.

(1)

An EPC issued in terms of these regulations

shall be valid for a period of ten years from the date of its first issue,

provided that no major renovation or alteration occur in the building.

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

accompanied by a recommendation report. The recommendation

report shall indicate cost-effective measures for improving the EPB.

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

of an EPC shall conform to national data protection laws in force.

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

installation of mechanical and electrical services in new buildings it

results that such construction or installation of services is different

from the design on which a design rating EPC has been obtained, a

new EPC based on the asset rating of the building shall have to be

secured by the owner before the expiry of the periods indicated in

regulation 14(4) or before the building is used. The provisions of

regulation 14(5) shall also apply.

Where a total useful floor area over 500m 2 of a

(1)

building for which an EPC has been issued in accordance with

regulation 13(1)(b) is occupied by public authorities and frequently

visited by the public, the EPC shall be displayed in a prominent place

clearly visible to the public. In such a case the threshold shall be

lowered to 250m 2 by 9 July, 2015.

(2) Where a total useful floor area over 250m 2 of a building,

for which an EPC has been issued in accordance with regulation

13(1)(b), is frequently visited by the public, the EPC shall also be

displayed in a prominent place clearly visible to the public.

(3) Public authorities are encouraged to take into account

the leading role which they should exercise in the field of EPB, inter

alia, by implementing the recommendations included in the EPC

issued for buildings occupied by them within its validity period.

(1)

The Building and Construction Authority shall

provide all the necessary measures to establish regular inspections of

the accessible parts of heating systems or of systems for combined

space heating and ventilation, with an effective rated output of over

70kW, such as the heat generator, control system and circulation

pump(s) used for heating buildings. The inspection shall include an

assessment of the efficiency and sizing of the heat generator compared

with the heating requirements of the building and, where relevant,

consider the capabilities of the heating system or of the system for

combined space heating and ventilation to optimise its performance

under typical or average operating conditions

Provided that where no changes have been made to the

heating system or to the system for combined space heating and

ventilation or to the heating requirements of the building following an

inspection carried out pursuant to this regulation, the Building and

Construction Authority may choose not to require the assessment of

the heat generator sizing to be repeated.

(2)

Technical building systems that are explicitly covered by

an agreed energy performance criterion or a contractual arrangement

specifying an agreed level of energy efficiency improvement, such as

energy performance contracting, or that are operated by a utility or

network operator and therefore subject to performance monitoring

measures on the system side, shall be exempt from the requirements

laid down in sub-regulation (1), provided that the overall impact of

such an approach is equivalent to that resulting from sub-regulation

(1).

(3)

As an alternative to sub-regulation (1) and provided that

the overall impact is equivalent to that resulting from sub-regulation

(1), the Building Regulations Office may opt to take measures to

ensure the provision of advice to users concerning the replacement of

heat generators, other modifications to the heating system or to the

system for combined space heating and ventilation and alternative

solutions to assess the efficiency and appropriate size of those systems.

Before applying these alternative measures, the Building and

Construction Authority shall, by means of submitting a report to the

Commission, document the equivalence of the impact of those

measures to the impact of the measures referred to in sub-regulation

(1). Such a report shall be submitted in accordance with the applicable

planning and reporting obligations.

(4)

The Building and Construction Authority shall lay down

requirements to ensure that, where technically and economically

feasible, non-residential buildings with an effective rated output for

heating systems or systems for combined space heating and ventilation

of over 290kW are equipped with building automation and control

systems by 2025. The building automation and control systems shall

be capable of

(a)

continuously monitoring, logging, analysing and

allowing for adjusting energy use;

(b)

benchmarking the building’s energy efficiency,

detecting losses in efficiency of technical building systems, and

informing the person responsible for the facilities or technical

building management about opportunities for energy efficiency

improvement; and

(c)

allowing communication with connected technical

building systems and other appliances inside the building, and

being interoperable with technical building systems across

different types of proprietary technologies, devices and

manufacturers.

(5)

the Building and Construction Authority may lay down

requirements to ensure that residential buildings are equipped with

(a)

the functionality of continuous electronic

monitoring that measures systems’ efficiency and informs

building owners or managers when it has fallen significantly

and when system servicing is necessary; and

(b)

effective control functionalities to ensure

optimum generation, distribution, storage and use of energy.

(6) Buildings that comply with sub-regulation (4) or sub-

regulation (5) shall be exempt from the requirements laid down in

sub-regulation (1).

(1)

The Building and Construction Authority shall

provide the necessary measures to establish regular inspections of the

accessible parts of air-conditioning systems or of systems for

combined air-conditioning and ventilation, with an effective rated

output of over 70kW. The inspection shall include an assessment of the

efficiency and sizing of the air-conditioning system compared with the

cooling requirements of the building and, where relevant, consider the

capabilities of the air-conditioning system or of the system for

combined air-conditioning and ventilation to optimise its performance

under typical or average operating conditions

Provided that where no changes have been made to the

air-conditioning system or to the system for combined air-conditioning

and ventilation or to the cooling requirements of the building

following an inspection carried out pursuant to this paragraph, the

Building and Construction Authority may choose not to require the

assessment of the sizing of the air-conditioning system to be repeated

Provided further that in the event that the Building and

Construction Authority maintains more stringent requirements

pursuant to Article 1(3) of Directive 2010/31/EU these shall be exempt

from the obligation to notify them to the Commission.

(2)

Technical building systems that are explicitly covered by

an agreed energy performance criterion or a contractual arrangement

specifying an agreed level of energy efficiency improvement, such as

energy performance contracting, or that are operated by a utility or

network operator and therefore subject to performance monitoring

measures on the system side, shall be exempt from the requirements

laid down in sub-regulation (1), provided that the overall impact of

such an approach is equivalent to that resulting from sub-regulation

(1).

(3)

As an alternative to sub-regulation (1) and provided that

the overall impact is equivalent to that resulting from sub-regulation

(1), the Building and Construction Authority may opt to take measures

to ensure the provision of advice to users concerning the replacement

of air-conditioning systems or systems for combined air-conditioning

and ventilation, other modifications to the air-conditioning system or

system for combined air-conditioning and ventilation and alternative

solutions to assess the efficiency and appropriate size of those

systems

Provided that before applying these alternative measures,

the Building and Construction Authority shall, by means of submitting

a report to the Commission, document the equivalence of the impact of

those measures to the impact of the measures referred to in sub-

regulation (1). Such a report shall be submitted in accordance with the

applicable planning and reporting obligations.

(4)

The Building and Construction Authority shall provide

requirements to ensure that, where technically and economically

feasible, non-residential buildings with an effective rated output for

systems for air-conditioning or systems for combined air-conditioning

and ventilation of over 290kW are equipped with building automation

and control systems by 2025. The building automation and control

systems shall be capable of

(a)

continuously monitoring, logging, analysing and

allowing for adjusting energy use;

(b)

benchmarking the building’s energy efficiency,

detecting losses in efficiency of technical building systems, and

informing the person responsible for the facilities or technical

building management about opportunities for energy efficiency

improvement; and

(c)

allowing communication with connected technical

building systems and other appliances inside the building, and

being interoperable with technical building systems across

different types of proprietary technologies, devices and

manufacturers.

(5)

The Building and Construction Authority may lay down

requirements to ensure that residential buildings are equipped with

(a)

the functionality of continuous electronic

monitoring that measures systems’ efficiency and informs

building owners or managers when it has fallen significantly

and when system servicing is necessary, and

(b)

effective control functionalities to ensure

optimum generation, distribution, storage and use of energy.

(6)

Buildings that comply with sub-regulation (4) or sub-

regulation (5) shall be exempt from the requirements laid down in sub-

regulation (1).

(7)

The owner of an air-conditioning system shall obtain an

inspection report by commissioning an independent air-conditioning

systems inspector, from the list of registered air-conditioning system

inspectors as published and updated by the Building and Construction

Authority at the time of inspection.

(8) The Building and Construction Authority shall establish

the methodology for the inspection of air-conditioning systems. The

Building and Construction Authority shall also set-up and approve

training courses for air-conditioning systems inspectors.

(1)

Inspectors of heating or air-conditioning systems

shall issue an inspection report after each inspection of a heating or

air-conditioning system. The inspection report shall contain the result

of the inspection performed in accordance with regulations 17 and 18

and shall include recommendations for the cost-effective

improvement of the energy performance of the inspected system.

(2) The EPC assessor and the registered inspectors,

respectively, shall in particular provide information to the owners or

tenants of buildings on energy performance certificates, including

their purpose and objectives, on cost-effective measures and, where

appropriate, financial instruments, to improve the energy

performance of the building, and on replacing fossil fuel boilers with

more sustainable alternatives. Building and Construction Authority

shall provide the information through accessible and transparent

advisory tools such as renovation advice and one-stop-shops.

(3) Inspectors of heating or air-conditioning systems shall

register each inspection report with the Building and Construction

Authority prior to handing over this inspection report to the owner of

the heating or air-conditioning system. Inspection reports will not be

considered valid unless this procedure is adhered to.

(1)

The Building and Construction Authority may

demand, from the owner of a building in terms of these regulations,

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

building or an inspection report with respect to the heating and, or

air-conditioning systems as required by these regulations, and if the

building owner or the agent of such owner, as the case may be,

refuses or fails to produce without reasonable cause the EPC or

inspection report, such person shall be guilty of an offence, unless

such person provides the requested EPC or inspection report within

sixty days after the request was made.

(2) Where a person produces an EPC or inspection report to

an authorised officer but refuses or fails to permit the said officer to

read and examine the EPC or the inspection report, such person or

other persons involved in such a case shall be guilty of an offence,

and the authorised officer may demand of the person or persons their

name and identification card number and official address.

21.(1) (a) The EPA and certification shall be carried out using

procedures, including calculation methods and software approved by

the Building and Construction Authority, as notified in the Gazette.

(b)

The inspection procedure and inspection report

for heating or air-conditioning systems shall be carried out using

procedures, approved by the Building and Construction Authority, as

notified in the Gazette.

(2)

(a)

In carrying out the EPA of a building or

installation, an assessor shall comply with any direction given by the

Building and Construction Authority in relation to the manner in

which the assessment is to be carried out.

(b)

In carrying out the inspection of a heating or air-

conditioning system, an inspector shall comply with any direction

given by the Building and Construction Authority in relation to the

manner in which this procedure is to be carried out.

(3) (a)

An EPB assessor may refuse to carry out an EPA

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

of the building or installation is in such a condition that it would not

be safe or practicable to carry out that assessment.

(b)

An inspector of heating or air-conditioning

systems may refuse to carry out an inspection procedure if in the

opinion of the inspector any part of the building or installation is in

such a condition that it would not be safe or practicable to carry out

that inspection.

(4) (a)

An endorsed EPC shall not be issued by the

assessor to the building owner or his agent, as the case may be, unless

and until it is accepted in the register maintained by the Building and

Construction Authority.

(b)

Inspection reports of heating or air-conditioning

systems shall be handled in accordance with regulation 19(3).

22.(1) (a)

The Building and Construction Authority may

revoke an EPC and EPC data file compiled by an EPB assessor where

it has reasonable grounds for believing that the EPC or data file was

not completed or issued in accordance with these regulations, and

shall enter such revocation in the EPC record of that building and the

register maintained by the Building and Construction Authority.

(b)

Where an EPC or EPC data file is revoked, the

Building and Construction Authority shall inform the EPB assessor,

giving reasons for the revocation, and shall also inform the person

who commissioned the EPC, the owner or tenant of the building, as

the case may be.

(c)

Where an EPC or EPC data file is revoked under

this sub-regulation

(i)

a request for the reimbursement of the

administrative fee or part thereof may be made by the

person who paid an administrative fee or contributed in

the administrative fee for the relevant EPB assessment

to the EPB assessor who carried out the assessment; and

(ii)

the EPB assessor shall be obliged to

make the reimbursement in whole or in part, as the case

may be, referred to in sub-paragraph (i), within twenty-

eight days of the receipt of the request, if such assessor

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

paid by the person making the request.

(2) (a)

The Building and Construction Authority may

revoke an inspection report either during the registration procedure or

during the verification process in accordance with regulation 32. The

Building and Construction Authority shall inform the respective

heating or air-conditioning systems inspector about this revocation.

(b)

The inspection report will be reinstated only

once the requested corrections are carried out to the satisfaction of

the Building and Construction Authority. All expenses related to

these corrections shall be borne by the respective heating or air-

conditioning systems inspector.

(c)

The requested corrections shall reach the

Building and Construction Authority within fourteen days. After this

period the inspector shall be removed from the list of registered

inspectors until full compliance with this sub-regulation is achieved.

23.(1) (a)

After an EPC has been registered in the EPC

register in accordance with sub-regulation (3a) of regulation 29, no

person shall either in writing, drawing or in any other manner alter,

cancel, or add anything to the registered EPC, or to any related

advisory report, or to a printed copy of a registered EPC, or to any

related advisory report or entry made therein.

(aa) A separate new EPC and, or related advisory report shall

be registered in the EPC register in accordance with sub-regulation (3a)

of regulation 29 to cater for amendments to an already registered EPC

and, or a related advisory report. This may be done by the same or a

different assessor, as the case may be. Upon registration of the

amending EPC and, or related advisory report, the previously

registered EPC, and or related advisory report shall cease to be valid.

(b)

No person shall produce

(i)

a printed copy of any EPC and related

advisory report for any building or installation, which

copy has been altered or added contrary to paragraph (a),

or upon which the figures have become illegible or the

colour has become altered by fading or otherwise; or

(ii) an EPC and related advisory report save

for those provided in relation to the particular building

for which it was issued; or

(iii)

an EPC and related advisory report

which has become void or the validity of which has

expired; or

(iv) any imitation of a registered EPC and

related advisory report.

(c)

The Building and Construction Authority may

require the owner of a building or, as the case may be, through his

agent, to surrender to it an EPC or report where the Building and

Construction Authority has reason to believe that the EPC or report

contains particulars which are not correct and, upon being so

required, the owner of the building or, as the case may be, the

owner’s agent, shall surrender the relevant documents to the Building

and Construction Authority.

(2) (a)

After an inspection report for heating or air-

conditioning systems has been registered with the Building and

Construction Authority and signed by the respective registered

inspector, no person shall

(i)

either by writing, drawing or in any

other manner alter, cancel, or add anything to this

inspection report; or

(ii) produce and present copies of an

inspection report which was altered contrary to sub-

paragraph (i).

(b)

Inspection reports which are registered with the

Building and Construction Authority may be replaced by an amended

inspection report, by the same heating or air-conditioning systems

inspector, within fourteen days after initial registration. Such

amended inspection report shall be submitted subject to prior

approval of the Building and Construction Authority.

(ba) A separate new inspection report shall be registered in

the inspection reports register in accordance with sub-regulation (3b)

of regulation 29 for any amendments required to a previously

registered inspection report, after the period referred to in paragraph

(b) has elapsed. This may be done by the same or a different

inspector, as the case may be. Upon the registration of the amending

inspection report, the report previously registered shall cease to be

valid.

(1) (a)

All data, documentation and records issued by

an EPB assessor and submitted to the Building and Construction

Authority, in relation with the carrying out of an EPC under these

regulations, shall become the property of the Building and

Construction Authority, which has the power to demand from the

assessor any such data, documentation or records as it considers

appropriate.

(b)

Every inspection report issued by an inspector of

heating or air-conditioning systems and submitted to the Building and

Construction Authority, in relation to an inspection of heating or air-

conditioning systems under these regulations, shall become the

property of the Building and Construction Authority, which has the

power to demand from the inspector of heating or air-conditioning

systems any additional data, documentation or records in relation to

such inspection report as it considers appropriate.

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

lawful inspection report in relation to an inspection of a heating or

air-conditioning system shall be that maintained on the respective

registers kept by the Building and Construction Authority.

(3) (a)

The most recent EPC record entered in relation

to a building on the EPC register by the Building and Construction

Authority shall be deemed to supersede any previous EPC record for

that building.

(b)

The most recent inspection report in relation to

an inspection of a heating or air-conditioning system entered on the

inspections’ register by the Building and Construction Authority

shall be deemed to supersede any previous inspection reports for that

system.

(1)

Subject to the provisions of sub-regulations (3)

and (4), the Building and Construction Authority is the only

institution legally empowered to register EPB assessors to assess the

energy performance of buildings, and as published from time to time

in the Gazette by the Building and Construction Authority.

(2) In registering an EPB assessor, the Building and

Construction Authority shall designate the type of energy

performance certification and also the category of buildings in

respect of which the EPB assessor is authorised to carry EPAs and

certifications.

(3) The Building and Construction Authority shall not

consider a person for registration as an EPB assessor unless

(a)

the person makes an application for registration

to the Building and Construction Authority in the form

specified by it for such purpose;

(b)

the application for registration is accompanied

by such fee as may be specified by the Building and

Construction Authority; and

(c)

the person meets any other requirements

specified by the Building and Construction Authority.

(4) In considering an application for registration as an EPB

assessor, the Building and Construction Authority shall be satisfied

that the applicant meets the requirements as defined in the definition

of EPB assessor in these regulations.

(5) An EPB assessor who is registered by the Building and

Construction Authority in respect of one type of certification or one

category of building may apply to the Building and Construction

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

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

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

such fee as may be specified by the Building and Construction

Authority.

(6) An EPB assessor shall be required to renew his

registration at such reasonable frequency as may be determined by

the Building and Construction Authority, subject to the payment of

such registration renewal fee as may be specified by the Building and

Construction Authority.

(7) The Building and Construction Authority shall provide

each EPB assessor with a certificate of registration for the designated

type and category of buildings to which his registration pertains, and

the certificate, if requested by the owner of a building or the owner’s

agent, or authorised officer, shall be presented for inspection to the

person making such request.

(8) Where the Building and Construction Authority

suspends or terminates the registration of a person as an EPB

assessor, it shall register the suspension or termination of the

appointment and the date on which the registration was suspended or

revoked.

(9) The Building and Construction Authority may, having

regard to all the circumstances of the case, suspend or terminate the

registration of an EPB assessor following

(a)

failure by the EPB assessor to attend a course of

periodic training if required by the Building and Construction

Authority or to satisfactorily complete such a training course;

or

(b)

failure by an EPB assessor to comply with a

direction under these regulations; or

(c)

failure by an EPB assessor to carry out a

building EPA for EPC purposes in a fit and proper manner, or

failure to maintain or provide satisfactory data, documentation

or records of any such assessment; or

(d)

the committing, or aiding or abetting the

committing, by the EPB assessor, of an offence under these

regulations; or

(e)

the forming of an opinion by the Building and

Construction Authority that the EPB assessor has ceased to be

capable of performing his functions properly and efficiently

under these regulations.

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

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

including reasons for the suspension or termination and the Building

and Construction Authority shall inform the person of the appeal

procedure under sub-regulation (11).

(11) A person whose registration has been suspended or

terminated in accordance with sub-regulation (10) may, within

fourteen days from the said suspension or termination, appeal to the

Board of the Building and Construction Authority against the decision

regarding the suspension or termination taken by the Building and

Construction Authority, in accordance with article 12(1) of the Act.

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

lapsed or been suspended or terminated may be directed by the

Building and Construction Authority to destroy any data or

documentation provided by building owners or their agents, and any

copies thereof, in relation to EPB assessments carried out by him in

his capacity as an EPB assessor. Alternatively, the Building and

Construction Authority may withdraw such data or documentation.

(13) A person who purports to be a registered EPB assessor

for a designated category of buildings, or a registered inspector for

air-conditioning or heating systems or an authorised officer under

these regulations shall be guilty of an offence in terms of these

regulations.

(14) A person who, purporting to give information to an EPB

assessor or inspector, to the Building and Construction Authority, or

to an authorised officer for the performance of his functions under

these regulations, makes a statement that he knows to be false or

misleading in a material particular, or fails to disclose a material

particular shall be guilty of an offence in terms of these regulations.

(15) An EPB assessor who issues an EPC or a registered

inspector who makes a statement or report, which he knows to be

false or misleading in a material particular, shall be guilty of an

offence in terms of these regulations.

(1)

Subject to the provisions of sub-regulation (3),

the Building and Construction Authority is the only institution legally

empowered to register inspectors of heating or air-conditioning

systems in accordance with these regulations and as published from

time to time in the Gazette by the Building and Construction

Authority.

(2) In registering an inspector of heating or air-conditioning

systems, the Building and Construction Authority shall designate the

type of system in respect of which the inspector is authorised to carry

out inspections and issue inspection reports.

(3) The Building and Construction Authority shall not

consider a person for registration as an inspector of heating or air-

conditioning systems unless

(a)

the person makes an application for registration

to the Building and Construction Authority in the form and

during the period specified by it for such purpose;

(b)

the application for registration is accompanied

by such fee as may be specified by the Building and

Construction Authority;

(c)

the person has the necessary qualifications to

apply for and successfully complete a training course provided

by the Building and Construction Authority, or a training

provider recognised by the Building and Construction

Authority as suitable for providing such training, on the

inspection of heating or air-conditioning systems installed in

Malta;

(d)

the person meets any other requirements

specified by the Building and Construction Authority.

(4) An inspector of heating or air-conditioning systems may

be required to renew his registration at such reasonable frequency

subject to the payment of such registration renewal fee as may be

specified by the Building and Construction Authority.

(5) The Building and Construction Authority shall provide

an inspector of heating or air-conditioning systems with a certificate

of registration for the designated type of system to which his

registration pertains. This certificate of registration shall also include

a unique registration number of the inspector, date of registration and

the validity period of such registration.

(6) The Building and Construction Authority may, having

regard to all the circumstances of the case, suspend or terminate the

registration of an inspector of heating or air-conditioning systems

following

(a)

failure by such inspector to comply with a

direction under this regulation and regulation 22(2); or

(b)

failure by such inspector to attend a course of

periodic training if required by the Building and Construction

Authority or to satisfactorily complete such a training course;

or

(c)

failure by such inspector to carry out an

inspection in a fit and proper manner, or failure to maintain or

provide satisfactory data, documentation or records of any

such inspection; or

(d)

the committing, or aiding or abetting the

committing, by such inspector, of an offence under these

regulations; or

(e)

the forming of an opinion by the Building and

Construction Authority that such inspector has ceased to be

capable of performing his functions properly and efficiently

under these regulations.

(6a) A person whose registration has been suspended or

terminated in accordance with sub-regulation (6) may, within

fourteen days from the said suspension or termination, appeal to the

Board of the Building and Construction Authority against the

decision regarding the suspension or termination taken by the

Building and Construction Authority, in accordance with article

12(1) of the Act.

(7) A person shall be guilty of an offence in terms of these

regulations if such person

(a)

claims falsely to be an inspector of heating or

air-conditioning systems, or an authorised officer under these

regulations; or

(b)

makes a statement that he knows to be false or

misleading in a material particular or fails to disclose a

material particular, when giving information to an inspector of

heating or air-conditioning systems, to the Building and

Construction Authority or to an authorised officer for the

performance of his functions under these regulations; or

(c)

issues an inspection report for heating or air-

conditioning systems which he knows to be false or misleading

in a material particular.

(1)

The Building and Construction Authority shall,

from time to time, issue directions to EPB assessors or inspectors of

heating or air-conditioning systems, present or prospective, in

relation to

(a)

the manner in which the EPB assessments or

inspection procedures of heating or air-conditioning systems

are to be carried out;

(b)

the manner in which an EPC and related

advisory reports are to be issued;

(c)

the manner in which inspection reports for

heating or air-conditioning systems are to be issued;

(d)

the qualifications and training requirements to

maintain or achieve such roles;

(e)

the records, data bases and documentation to be

maintained;

(f)

codes of practice to be respected; and

(g)

such other matters as are reasonably necessary

for the proper administration of these regulations.

(2) EPB assessors and inspectors of heating or air-

conditioning systems shall comply with any relevant direction given

under sub-regulation (1).

The Building and Construction Authority may specify

fees as are reasonably necessary for the registration procedures and

other administrative matters in relation to its obligations in these

regulations. The Building and Construction Authority shall be the

sole user of the revenue collected from these fees and such revenue

shall be used to defray costs incurred by it to properly establish,

operate, maintain and promote the various obligations of the Building

and Construction Authority.

(1)

The Building and Construction Authority shall

establish, operate and maintain

(a)

a register of EPB assessors, an EPC register

comprising EPCs and related advisory reports, EPC data files

and related data or documents; and

(b)

a register for inspectors of heating or air-

conditioning systems, a register of inspection reports for

heating or air-conditioning systems; and

(c)

any other register that the Building and

Construction Authority considers relevant and necessary.

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

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

reproduced in legible form.

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

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

Building and Construction Authority.

(3a) In the EPC register, an EPC shall be registered as a

single record, together with the related advisory report, with an EPC

registration number that for monitoring and verification purposes

shall be identifiable to the unique registration number of the EPB

assessor who issued and registered that same EPC

Provided that in accordance with regulation 25, only

registered EPB assessors may access the EPC register to calculate,

generate and register EPCs and related advisory reports, with the

approved calculation methods and software in accordance with

regulation 21.

(3b) In the register of inspection reports for heating or air-

conditioning systems an inspection report shall be registered as a

single record, with an inspection report registration number that for

monitoring and verification purposes shall be identifiable to the

unique registration number of the inspector of heating or air-

conditioning systems who issued and registered that same inspection

report

Provided that in accordance to regulation 26, only

registered inspectors of heating or air-conditioning systems may access

the register of inspection reports for heating and air-conditioning

systems to register inspection reports carried out in accordance with

regulation 21.

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

regulation (1), the following access rights shall apply

(a)

extracts from the register of the EPB assessors

and the register of inspectors of heating or air-conditioning

systems, comprising the name, contact details and the

designated type, shall be made available to the public;

(b)

subject to compliance with the provisions of the

Data Protection Act, the Building and Construction Authority

may allow publication or access, on a restricted or an open

basis, to any extract from any register maintained by the

Building and Construction Authority under these regulations

where the Building and Construction Authority is satisfied that

such publication or access is in the public interest;

(ba)

Unrestricted access, without the possibility to

modify content of the EPC register and, or to the register of

inspection reports for heating and air-conditioning systems, to

enable independent control, monitoring and verification of

EPCs and, or inspection reports in accordance with Schedule

II, shall be granted to the competent authorities or bodies to

which the Building and Construction Authority has delegated

responsibility, in accordance with sub-regulation (2) of

regulation 32, to implement the independent control systems.

(c)

other than as provided for in paragraphs (a), (b)

and (ba), a data file or other extract from a register relating to an

EPC for a particular building or an inspection report for a

particular heating or air-conditioning system, shall only be made

available to

(i)

the relevant EPB assessor or the relevant

inspector of heating or air-conditioning systems; or

(ii) an EPB assessor having been appointed

by the building owner or the agent of the building owner

to undertake any subsequent EPB assessment of the

relevant building; or

(iii) the relevant building owner, or the agent

of that building owner.

(1)

In any proceedings a certificate signed by an

authorised officer of the Building and Construction Authority

containing only information stated in that certificate to be taken from

a register maintained by the Building and Construction Authority

shall be sufficient evidence of the facts stated therein unless there is

proof to the contrary.

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

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

for all legal intents and purposes, and to have been signed by an

authorised officer of the Building and Construction Authority, unless

there is proof to the contrary.

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

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

Building and Construction Authority or a copy of such signature

applied by means of a stamp or produced by a computer, shall be

deemed to have been signed by an authorised officer, unless there is

proof to the contrary.

(1)

The Building and Construction Authority shall

ensure that the energy performance certification of buildings and the

inspection of heating and air-conditioning systems be carried out in

an independent manner by a qualified duly registered EPB or

registered inspector of heating or air-conditioning systems.

(2) The Building and Construction Authority shall make

available to the public information on training and accreditations. It

shall ensure that regularly updated lists of qualified and, or accredited

experts are made available to the public.

(1)

The Building and Construction Authority shall

ensure that independent control systems for EPCs and reports on the

inspection of heating or air-conditioning systems are established in

accordance with Schedule II. The Building and Construction

Authority may establish separate systems for the control of EPCs and

for the control of reports on the inspection of heating and air-

conditioning systems.

(2) The Building and Construction Authority may delegate

the responsibilities for implementing the independent control

systems. Where the Building and Construction Authority decides to

do so, it shall ensure that the independent control systems are

implemented in compliance with Schedule II.

(3) (a)

Further to an independent control and the official

report issued in accordance with item 6 of Schedule II, on the basis of

errors or lack of detail identified in EPCs or inspection reports within

the respective samples, the Building and Construction Authority may

take the following actions

(i)

revoke the respective EPC or inspection

report in accordance with regulation 22;

(ii)

a new EPC incorporating amendments

necessary shall be registered and issued by the respective

assessor in accordance with paragraph (aa) of sub-

regulation 1 of regulation 23. Amendments shall be

carried out to the satisfaction of the Building and

Construction Authority. All expenses related to the new

EPC shall be borne by the respective assessor. The new

EPC shall be registered within fourteen days. If the

assessor does not comply with these requirements within

this period, he shall be removed from the list of

registered assessors until full compliance with this sub-

regulation is achieved;

(iii) impose a fine (multa) in accordance with

regulation 40;

(iv) suspend or terminate the registration of the

relevant EPB assessor in accordance with sub-regulation

(9) of regulation 25;

(v)

suspend or terminate the registration of the

relevant inspector of heating or air-conditioning systems

in accordance with sub-regulation (6) of regulation 26;

(b) Decisions of the Building and Construction Authority in

accordance with paragraph (a) may be appealed in

accordance with article 12(1) of the Act. These decisions

provided under article 12(1) of the Act shall be subject to

the right of appeal before the Building and Construction

Tribunal in accordance with the provisions of Part VIII of

the Act, or the Court of Appeal (Inferior Jurisdiction) in

accordance with article 47 of the Act, as the case may be.

(1)

Owners or tenants of buildings or building units

shall be informed of the different methods and practices that serve to

enhance energy performance as stipulated in these regulations.

(2) The EPC assessor and the registered inspectors,

respectively, shall in particular provide information to the owners or

tenants of buildings on energy performance certificates, including

their purpose and objectives, on cost-effective measures and, where

appropriate, financial instruments, to improve the energy

performance of the building, and on replacing fossil fuel boilers with

more sustainable alternatives. Building and Construction Authority

shall provide the information through accessible and transparent

advisory tools such as renovation advice and one-stop-shops.

(3) The Building and Construction Authority shall ensure

that guidance and training are made available for those responsible

for implementing these regulations. Such guidance and training shall

address the importance of improving energy performance, and shall

enable consideration of the optimal combination of improvements in

energy efficiency, use of energy from renewable sources and use of

district heating and cooling when planning, designing, building and

renovating industrial or residential areas.

(4) The competent authority, the Minister responsible for

the Climate Action Authority and entrusted party shall provide

information on available energy efficiency mechanisms and financial

and legal frameworks, which information shall be transparent and

widely disseminated to all relevant market actors, such as consumers,

builders, periti, engineers, environmental and energy auditors and

installers of building elements and shall provide information to

banks and other financial institutions on possibilities of

participating, including through the creation of public and, or private

partnerships for the financing of energy efficiency improvement

measures.

(5) The Minister responsible for the Regulator for Energy

and Water Services shall establish appropriate conditions for market

operators to provide adequate and targeted information and advice to

energy consumers on energy efficiency.

(6) The Minister responsible for Energy, with the

participation of stakeholders, including local and regional authorities,

shall promote suitable information, awareness-raising and training

initiatives to inform citizens of the benefits and practical aspects of

implementing energy efficiency improvement measures.

In order to facilitate the effective implementation of

these regulations, the Building and Construction Authority shall

consult the stakeholders involved, including local authorities, in

accordance with the relevant applicable national legislation. Such

consultation is of particular importance for the application of

regulations 10 and 33.

Any person who contravenes any of the requirements of

these regulations shall be guilty of an offence in terms of these

regulations.

(1)

The Building and Construction Authority may

appoint persons to be authorised officers for the purpose of enforcing

these regulations.

(2) An authorised officer shall be in possession of a warrant

of appointment and shall, upon request, produce the warrant of

appointment.

(1)

An officer authorised by the Building and

Construction Authority may enter, inspect and examine a building or

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

compliance to these regulations.

(2) Such authorised officer may carry out such inspections

and examinations in relation to the building and installations, as are

reasonably necessary for the purpose of ensuring compliance to these

regulations.

(3)

A person who -

(a)

fails to permit an inspection of a building, or

installation, under these regulations;

(b)

without reasonable cause fails or refuses to

comply with any request or requirement made by an authorised

officer under these regulations;

(c)

obstructs, impedes, interferes with or assaults an

authorised officer in the exercise of a power under these

regulations;

(d)

gives to an authorised officer information which

is false or misleading in a material respect; or

(e)

alters, suppresses, or destroys any EPC data file,

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

record, including a printed copy thereof, and including

electronic data, which the person concerned has been

requested or required to produce, or may reasonably expect to

be required to produce,

shall be guilty of an offence in terms of these regulations.

(1)

Criminal proceedings for an offence under these

regulations shall be heard either before the Court of Magistrates

(Malta) or the Court of Magistrates (Gozo), both as a Court of

Criminal Judicature, and shall be in accordance with the provisions of

the Criminal Code regulating such procedure.

(2) Where any person, whether voluntarily or negligently,

acts or purports to act as a director, manager, secretary or other

officer or member of a body, whether corporate or unincorporate, and

in so doing contravenes any provision of these regulations, such

person shall be guilty of an offence, and shall, on conviction, be

liable to the penalties in terms of regulations 39 and 40.

(3) Notwithstanding the provisions of the Criminal Code,

the Attorney General shall always have the right to appeal before the

Court of Criminal Appeal from any judgement given by the Court of

Magistrates (Malta) or the Court of Magistrates (Gozo), both as a

Court of Criminal Judicature, in respect of proceedings taken in

relation to any offence committed against these regulations.

Any administrative penalty or sanction imposed by the

Building and Construction Authority, in accordance with article 22 of

the Act, upon any person who infringes any provision of these

regulations or who fails to comply with any directive or decision

given by the Building and Construction Authority in ensuring

compliance with these regulations shall be due to the Building and

Construction Authority as a civil debt constituting an executive title

for the purpose of Title VII of Part I of Book Second of the Code of

Organization and Civil Procedure as if the payment of the debt had

been ordered by a judgement delivered by the Civil Court.

A person found guilty of an offence shall, on conviction,

be liable to

(a)

a fine (multa) of not less than five hundred euro

(€500) and not exceeding one thousand and five hundred euro

(€1,500), if contravening regulations 7(1), 8(1), 13(5), 14(1),

(3) and (4), 15(4), 16(1) and (2), 17 and 18 and other

corresponding clauses pertaining to heating and air-

conditioning systems;

(b)

a fine (multa) of not less than one thousand and

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

euro (€5,000) if contravening regulations 20, 21(1), (2) and

(4), 22, 23, 25(12), (13) and (14), 26(7) and other

corresponding clauses pertaining to heating and air-

conditioning systems;

(c)

a fine (multa) of not less than one thousand and

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

euro (€5,000), or to a term of imprisonment not exceeding

three months, or to both such fine and imprisonment, if

contravening regulation 37(3).

(1)

Any documents issued in relation to these

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

English language, or in both languages.

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

regulations shall be issued solely in the English language.

Schedule I

(Regulation 4)

Common general framework for the calculation of energy

performance of buildings

1. The energy performance of a building shall be

determined on the basis of calculated or actual energy use and shall

reflect typical energy use for space heating, space cooling, domestic

hot water, ventilation, lighting and other technical building systems.

The energy performance of a building shall be expressed by a

numeric indicator of primary energy use in kWh/(m 2 .y) for the

purpose of both energy performance certification and compliance with

minimum energy performance requirements. The methodology applied

for the determination of the energy performance of a building shall be

transparent and open to innovation.

The competent authority shall describe its national calculation

methodology following the national annexes of the overarching

standards, namely ISO 52000-1, 52003-1, 52010-1, 52016-1, and

52018-1, developed under mandate M/480 given to the European

Committee for Standardisation (CEN). This provision shall not

constitute a legal codification of those standards.

2. The energy needs for space heating, space cooling,

domestic hot water, ventilation, lighting and other technical building

systems shall be calculated in order to optimise health, indoor air

quality and comfort levels defined by the competent authority at

national or regional level.

The calculation of primary energy shall be based on primary

energy factors or weighting factors per energy carrier, which may be

based on national, regional or local annual, and possibly also seasonal

or monthly, weighted averages or on more specific information made

available for individual district system.

Primary energy factors or weighting factors shall be defined by

the competent authority. In the application of those factors to the

calculation of energy performance, the competent authority shall

ensure that the optimal energy performance of the building envelope is

pursued.

In the calculation of the primary energy factors for the purpose

of calculating the energy performance of buildings, the competent

authority may take into account renewable energy sources supplied

through the energy carrier and renewable energy sources that are

generated and used on-site, provided that it applies on a non-

discriminatory basis.

3. For the purpose of expressing the energy performance of

a building, the competent authority may define additional numeric

indicators of total, non-renewable and renewable primary energy use,

and of greenhouse gas emission produced in kgCO 2 eq/(m 2 .y).

4. The methodology shall be laid down taking into

consideration at least the following aspects

(a)

the following actual thermal characteristics of the

building including its internal partitions

(i)

thermal capacity;

(ii)

insulation;

(iii)

passive heating;

(iv)

cooling elements; and

(v)

thermal bridges;

(b)

heating installation and hot

water

supply,

including their insulation characteristics;

(c)

air-conditioning installations;

(d)

natural and mechanical ventilation which may

include air-tightness;

(e)

built-in lighting installation (mainly in the non-

residential sector);

(f)

the design, positioning and orientation of the

building, including outdoor climate;

(g)

passive solar systems and solar protection;

(h)

indoor climatic conditions, including the designed

indoor climate;

(i)

internal loads.

5. The positive influence of the following aspects shall be

taken into account

(a)

local solar exposure conditions, active solar

systems and other heating and electricity systems based on

energy from renewable sources;

(b)

electricity produced by cogeneration;

(c)

district or block heating and cooling systems;

(d)

natural lighting.

6. For the purpose of the calculation, buildings should be

adequately classified into the following categories

(a)

single-family houses of different types;

(b)

apartment blocks;

(c)

offices;

(d)

educational buildings;

(e)

hospitals;

(f)

hotels and restaurants;

(g)

sports facilities;

(h)

wholesale and retail trade services buildings;

(i)other types of energy-consuming buildings.

Schedule II

(regulation 32)

Independent control systems for energy performance

certificates and inspection reports

1. The competent authorities or bodies to which the Building

and Construction Authority has delegated the responsibility for

implementing the independent control system for inspection reports of

heating and air-conditioning systems shall, on a yearly basis, make a

random selection of at least a statistically significant percentage of all

the inspection reports issued annually and subject those reports to

verification.

2. The competent authorities or bodies to which the Building

and Construction Authority has delegated the responsibility for

implementing the independent control system for EPCs shall, on a

yearly basis, make a random selection of all the EPCs issued annually

and subject them to verification.

3. (1)

The sample shall be of a sufficient size to ensure

statistically significant compliance results to a confidence level of 95%

and a margin of error of 5%. Temporary files shall not to be considered.

(2)

The following equation shall be used to determine the

sample size for monitoring and verification purposes

Where

n = Sample size

N = Total amount of EPCs or inspection reports issued in the

year being verified

Z =

Critical value of the normal distribution at the

required confidence level. For a confidence level of 95%, Z = 1.96

p =

Sample proportion

e =

Margin of error

4. The sampling plan shall be designed so as the number of

EPCs or inspection reports to be monitored and verified are weighted

proportionally, to the extent possible, to the number of EPCs or

inspection reports issued in the year being verified by every assessor or

inspector, as the case may be.

5. The verification shall be based on the following options or

on equivalent measures

(a)

a validity check of the input data of the building

used to issue the EPC and the results stated in the certificate;

(b)

a check of the input data and verification of the

results of the EPC, including the recommendations made;

(c)

a full check of the input data of the building used

to issue the EPC, full verification of the results stated in the

certificate, including the recommendations made, and an on-site

visit of the building, if possible, to verify consistency between

specifications indicated in the EPC and the building certified.

6. The sampling plan, the sample size and the results of the

monitoring and verification conducted in implementing the

independent control shall be recorded in an official report to be

subm i tt ed to t he Bui ld in g and Co nst ru cti on A ut hori ty. F or

compliance results to be traceable, the official report shall indicate,

for each of the EPCs or inspection reports analysed within the

sample, the assessor or inspector’s unique registration number, the

certificate or report registration number, and the type of error or

lack of detail identified.

Schedule III

(Regulation 6)

Comparative methodology framework to identify cost-optimal levels

of energy performance requirements for buildings

and building elements

The comparative methodology framework shall enable

Member States to determine the energy performance of buildings and

building elements and the economic aspects of measures relating to

the energy performance, and to link them with a view to identifying

the cost-optimal level.

The comparative methodology framework shall be

accompanied by guidelines outlining how to apply this framework in

the calculation of cost-optimal performance levels. The comparative

methodology framework shall allow for taking into account use

patterns, outdoor climate conditions, investment costs, building

category, maintenance and operating costs (including energy costs

and savings), earnings from energy produced, where applicable, and

disposal costs, where applicable. It should be based on relevant

European standards relating to these regulations.

By calculating the costs of the energy efficiency measures

during the expected economic life-cycle, the cost-effectiveness of

different levels of minimum energy performance requirements is

assessed by the Member States. This will allow the determination of

cost-optimal levels of energy performance requirements.