MASONS’ LICENCE REGULATIONS

SUBSIDIARY LEGISLATION 623.12

MASONS’ LICENCE REGULATIONS

6th August, 2024

LEGAL NOTICE 184 of 2024, as amended by Legal Notice 377 of

2024.

The title of these regulations is the Masons’ Licence

Regulations.

Fees

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

Application Fees in respect of

(1)

new application

€50

(2)

application for the

€50

renewal of a licence

(3)

application for the

€50

cancellation of a licence

In these regulations, unless the context otherwise

requires

"Act" means the Building and Construction Authority

Act;

"applicant" means a natural person who submits an

application to be issued with a licence in accordance with these

regulations;

"Authority" means the Building and Construction

Authority as established by article 5 of the Act;

"Board" means the Building and Construction Authority

Board as established by article 11 of the Act;

"Chief Executive Officer" shall have the same meaning

as assigned to it in the Act;

"Committee" means the Masons Licensing Committee as

established in regulation 5;

"construction" shall have the same meaning as assigned

to it in the Act;

"European Union" shall have the same meaning as

assigned to it in the European Union Act;

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

may carry out any building construction works in Malta in

accordance with these regulations;

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

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

stone, brick or steel, including the maintenance or alteration of

such structure, even where the work done or commenced by

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

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

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

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

MASONS’ LICENCE

or sewage matter or an embankment to retain soil or any other

material or liquid;

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

European Union;

"Minister" means the Minister responsible for the

construction industry;

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

the Periti Act;

"project" means any development project which a mason

has been engaged to undertake;

"Register" means the Register held by the Authority as

provided in regulation 17;

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

state of the European Union;

''Tribunal" means the Building and Construction Tribunal

as established under Part VIII of the Act.

Professional competence for a mason

(regulations 15 and 20)

The following is a list of competencies which are necessary to

practice the trade of mason in Malta

A.

GEOMETRY

1. The technical ability for interpreting the design drawings

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

and other related tasks.

2. Stereotomy: The technical ability to draw and reproduce

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

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

arches, and stairs.

3. Capability to

(a)

draw a bisection of a line;

(b)

draw a bisection of an angle;

(c)

draw a division of a line;

(d)

divide a circle into twelve (12) equal parts;

(e)

draw an equilateral triangle;

(f)

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

triangle method;

(g)

find a centre of an arc;

(h)

draw an extension between two (2) existing

points.

4. Types of arches and their applications including

installation methods.

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

be observed.

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

the going.

7. Computer-aided design and drafting.

8. Architectural drawing literacy.

9. Structural drawing literacy.

10. Ability to do basic surveying and setting out manually

using analogue tools and using modern digital tools.

B.

HEALTH AND SAFETY

1. Sufficient knowledge of preventive measures on

construction and demolition sites, including during the carrying out of

alterations to buildings and excavations.

2. Sufficient knowledge of personal protective clothing

required in connection with building activities.

3. Sufficient knowledge of requisites relating to the safety

of third parties.

4. Sufficient knowledge of the Occupational Health and

Safety Authority Act, and of regulations made thereunder related to

the duties of mason.

5. Adequate knowledge of working platforms and

scaffoldings systems and be able to implement the adequate system for

the safe use of the particular task.

6. Installation and use of access ladders.

7. Machinery certification.

8. Competence certificates.

9. First aider.

10. Fire safety.

11. Knowledge of preventive measures in confined spaces.

12. Risk Assessment and method statements.

13. Lifting plans.

C.

BUILDING CONSTRUCTION: Sufficient competence

in local building technology and materials

1. Knowledge of the quality and composition of building

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

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

2. Knowledge of

different

types

of

mortar,

their

composition and their use.

3. Capability of preparing details of door and window

openings, preventing rainwater ingress, stone balustrades and arches.

MASONS’ LICENCE

4. Capability of carrying out alterations to existing

buildings, including use of traditional tools.

5. Capability of interpreting formwork design

and

installation in connection with masonry and construction works.

6. Knowledge of deconstruction and demolition methods

and processes.

7. Capability of execution of minor excavation works by

means of hand held tools.

8. Capability to understand the difference between minor

and major demolition and excavation works.

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

10. Adequate knowledge of damp proofing materials and

applications.

11. Adequate knowledge of waterproofing materials and

applications.

12. Adequate knowledge of rainwater systems and proper

implementation including the sizing of the well or reservoir.

13. Adequate knowledge of drainage systems and their

proper implementation.

14. Adequate

knowledge

of

manhole

and

trench

construction.

15. Adequate

knowledge

of

"kontrabejt"

works

and

implementation.

16. Knowledge of levels and their implementation and

interpolation.

17. Knowledge

of

the

foundations

types

and

their

applications.

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

19. Knowledge of methods of laying and levelling.

20. Knowledge of retaining wall types and applications.

D.

CONCRETE STRUCTURES

1. Sufficient knowledge of constituents of concrete,

including aggregate and admixtures.

2. Sufficient knowledge of different mix compositions for

concrete and their different properties.

3. Sufficient knowledge of methods of testing of concrete

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

4. Sufficient knowledge of details of steel reinforcement

used in concrete, including anchorage, lapping and other similar

practice.

5. Sufficient knowledge of concreting techniques, curing

concrete and the timing for striking formwork.

6. Sufficient knowledge of interpreting formwork design

details as well as the erection thereof.

7. Minimum reinforcement within a slab and its position.

8. Minimum concrete cover to steel reinforcement and the

proper application of spacers.

9. Type of lintels and their application.

10. Types of beams and their application.

11. Minimum spacing of stirrups within a beam.

12. Types of concrete columns and their application.

13. Minimum spacing of links within a beam.

14. Minimum lapping lengths to reinforcement bars.

15. Type of steel reinforcement bars and mesh including

their application.

16. Cantilever elements and the positioning of steel

reinforcement within.

17. Shear and bending forces within a beam.

18. Identifying the tension and compression zones within a

beam.

19. Buckling within columns.

20. Knowledge of basic column base design and the

reinforcement within including starter bars.

E.

OTHER SKILLS

1. Interpretation o f details and execution of architectural

drawings, structural and construction details.

2. Understanding and execution of any instruction given to

him by the Perit.

3. Identification of any flaws during construction works

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

building construction.

4. Site management skills and

adherence

to

the

Construction Management Site Regulations.

5. Coordination skills to ensure proper coordination on site

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

areas are not available; managing of resources on site.

6. Adequate communication

skills

to

ensure

good

communication with all stakeholders.

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

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

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

catered for on plan prior to commencing the works.

F.

BINDING LEGISLATION

1. Adequate knowledge of sanitary regulations, building

regulations, and development planning legislation and any other

regulation arising therefrom.

(1)

The masonry trade shall be exercised by a duly

licensed mason in accordance with these regulations and any work

generally relating to the construction of bulidings and shall be carried out

by a licensed mason or under the direction of a licensed mason.

(2)

The fees applicable for the submission of an application

for a licence and the renewal thereof shall be those prescribed in

Schedule I.

It shall be the responsibility of the licensed mason to

(a)

abide by the conditions of the licence and any

requirements which may be imposed by the Authority with

respect to the operation of the said licence;

(b)

ensure that the execution of any works conforms

with the good practice guidelines pertaining to the masonry

trade which may be issued by the Authority;

(c)

abide by, and conduct any construction works

according to, the approved construction drawings or any other

relevant document issued by the Perit responsible for the project;

(d)

be present on the construction site throughout the

duration of the construction works when the licensed mason is

carrying out or was engaged to supervise the construction

works.

(1)

There shall be established a committee to be

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

by the Minister after consultation with the Board.

(2)

The Committee shall be composed of not less than five

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

knowledge and expertise on matters related to the building and

construction industry, legal affairs or other subjects related to the

construction industry

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

Chairperson of the Committee

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

mason

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

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

profession for at least ten (10) years

Provided further that the Minister may designate one (1)

of the members as Deputy Chairperson and the member so designated

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

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

of inability of the Chairperson to perform his functions.

The Committee shall have a secretary who shall be

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

assigned by the Committee.

The Authority shall provide the necessary administrative

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

(1)

The members of the Committee and the secretary

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

conditions as the Minister may establish.

(2)

Members of the Committee and the secretary shall be

eligible for reappointment for further terms on the expiration of their

original term of office.

(1)

The Committee shall have the following functions

(a)

to issue licenses for masons in accordance with

these regulations

Provided that the Board may establish sub-

committees or appoint such persons who have professional

qualifications and, or knowledge and experience in matters

related to building and construction to assist in the evaluation of

applications for a licence;

(b)

to implement any decision taken by the Board in

respect of licensing requirements including the organisation of

the examination referred to in regulation 15(1);

(c)

to keep the required registers for the fulfilment of

its functions;

(d)

to draw up reports which shall be discussed with

the Board

(i)

on any issue relevant to these regulations,

including any application;

(ii)

on any issue concerning the licensing

process; and

(iii) on any other matter related to the masonry

trade which the Board may be required to address by

means of regulations, policies and any amendment

thereof;

(e)

perform such other functions as may, from time to

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

Authority.

(1)

The meetings of the Committee shall be called by

the Chairperson either on his own initiative or after accepting the

request of any member of the Committee, and the Committee shall

also meet at such times as it may decide itself

Provided that the Committee shall meet at least once

every calendar month.

(2)

The quorum of the Committee shall consist of the

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

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

the meeting.

(3)

The decisions of the Committee shall be taken by a

simple majority of the members present at the meeting

Provided that the Chairperson at a meeting shall have an

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

(4)

The Committee may act notwithstanding any vacancy

among its members, provided that the quorum established in

accordance with sub-regulation (2) is satisfied.

(5)

The Committee shall regulate its own procedure.

(6)

The provisions of article 16 of the Act shall apply

mutatis mutandis to the members of the Committee.

The members of the Committee shall be remunerated in

accordance with the criteria that may be applicable from time to time

within the public sector.

(1)

The Authority shall publish a notice in the Gazette

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

it shall commence receiving and accepting applications for masons’

licences.

(2)

The notice shall

(a)

specify the form, information and documents

required for the submission of an application for a licence in

accordance with these regulations;

(b)

the dates and time for the examinations; and

(c)

the application fees in accordance with Schedule I.

The applicant shall satisfy the requirements as stipulated,

whereby he

(a)

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

citizen of Malta or of another Member State or is otherwise

authorized to work in Malta in accordance with any law;

(b)

is in possession of a certificate of qualification or

competence in the field of building and construction

Provided that where the Committee deems that there is a

substantial difference between the certificates of qualification or

competence provided by the applicant, the Committee may give the

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

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

competence to make up for such deficiency

Provided further that if the applicant does not possess any

of the certificates of qualification or competence, the Committee may

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

masonry construction works as comparable; and

(c)

is a person of good repute and conduct

Provided that an applicant shall not be deemed to satisfy

the requirement of good repute and conduct if

(i)

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

submission of his application, he has been convicted by a

competent Court of an offence as contemplated in the

Act or any regulations made thereunder; or

(ii)

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

submission of his application, he has been convicted of

any corresponding offence under the law of any country

or territory outside Malta

Provided further that if the applicant was less than

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

mentioned in sub-paragraphs (i) and (ii) shall be reduced to one (1)

year.

An application for the issuance of a licence shall be

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

Authority in accordance with these regulations, and shall satisfy the

requirements specified in regulation 13 together with the following

additional requirements

(a)

the address provided by the applicant and the

applicant’s electronic mail address;

(b)

any other necessary information which may be

requested by the Authority in accordance with these

regulations;

(c)

payment of the fee as provided in Schedule I; and

(d)

a conduct certificate issued in accordance with the

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

months from the submission of the application

Provided that where the applicant is not a person

habitually resident in Malta, an equivalent document issued by a

competent judicial or administrative authority of the country of his

habitual residence shall be provided instead.

(1)

The Committee shall assess the professional

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

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

subjects listed in the Schedule II, after the applicant had successfully

completed the induction course provided by the Authority or any other

accredited course that the Authority may deem fit.

(2)

The examination shall be in the form of either a written

and, or oral examination and a practical examination.

(3)

The examination shall be weighed as follows

(a)

attendance of the induction and, or accredited

courses – 20%;

(b)

written and, or oral – 40%; and

(c)

practical – 40%.

(4)

If the applicant fails in either the written and, or oral or

the practical examination, he shall have the right to resit for the said

part of the examination in all the sessions provided by the Authority

within a period of one (1) year

Provided that if the applicant fails to pass the stipulated

exam within a year (1) from the first exam, he has the right to reapply

for the mason’s licence afresh

Provided further that the applicant may, after having

failed two attempts in the stipulated one (1) year period, write to the

Committee, which shall in its discretion consider the applicant’s

application based on experience.

(5)

If the Committee accedes to the request of the applicant

and reconsider the applicant’s application on his experience, the

Committee shall establish a subcommittee of experts which shall

evaluate the applicant’s portfolio.

(6)

The subcommittee of experts shall be composed of five

(5) members who shall have knowledge and expertise regarding

matters related to the building and construction industry, legal affairs,

health and safety at work or other subjects related to the construction

industry

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

Provided further that one (1) member shall be a

warranted Perit who shall have practiced the profession for at least ten

(10) years.

(7)

The Committee shall reach a decision on an application

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

from the date of completion of the examination

Provided that where the Committee fails to reach a

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

fifteen (15) days shall be granted during which a final decision shall be

reached.

(8)

At any stage prior to the final determination of the

application, the Committee may request any information about the

applicant from any competent authority, as it may deem necessary.

(1)

The Committee shall be responsible for the

issuance of a mason’s licence.

(2)

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

from the date on which it was issued unless otherwise revoked or

suspended.

(3)

Licences issued in accordance with these regulations

shall be subject to renewal every two (2) years

Provided that for the purposes of renewing a licence, the

licensed mason shall submit a valid and complete application in the

form prescribed by the Authority, to the Chief Executive Officer

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

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

Provided further that, in the event that the application for

renewal is not submitted within the prescribed period, the Committee

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

applicant provides a valid reason.

(4)

For the first renewal of a licence issued prior to the coming

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

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

examination process as stipulated in regulation 15.

(1)

The details of the licence shall be kept in the

register held by the Authority, and shall include the following

(a)

the licence reference number;

(b)

the details of the licensed mason;

(c)

date of issuance of licence; and

(d)

any condition of the licence imposed by the

Committee.

(2)

The duly licensed mason shall inform the Authority

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

the information submitted as part of the application submission

requirements in accordance with regulation 14.

(1)

When the Committee refuses an application, it

shall notify the applicant by means of a written communication within

fifteen (15) days from the date of completion of the examination.

(2)

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

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

from the communication, to request the revision of the examination

and to make representations in writing to the Committee.

(3)

If the Committee, after the revision and the

representations made by the applicant, still deems that the applicant

failed the examination, it shall inform the applicant of its decision in

writing.

(1)

When any duly licensed mason applies to the

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

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

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

application shall include a declaration signed by applicant stating that

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

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

name from the register held by the Authority.

(2)

The Committee shall within thirty (30) days from the

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

from the register

Provided that any cancellation shall be without prejudice

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

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

injuries resulting therefrom.

(3)

The decision of the Committee shall be communicated to

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

registered mail.

The Authority shall request the licenced masons to attend

courses when the Authority considers that new practices and regulations

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

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

applicants are able to execute any work covered by the licence

Provided that the Authority shall also require the

attendance and completion of such courses before any subsequent

renewal application.

(1)

Whosoever assumes the trade of mason with a

suspended licence or without a valid licence issued in accordance with

these regulations, shall be guilty of an offence against these

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

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

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

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

persists.

(2)

Whosoever fails to comply with any conditions of the

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

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

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

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

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

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

persists.

(3)

Whosoever makes a false declaration for the purposes of

these regulations shall be guilty of an offence against these regulations

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

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

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

which the applicant may be subject under any other law.

(4)

The Court may, upon convicting the licensed mason for

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

punishments specified in these regulations, order the suspension or

revocation of the licence for any period which the Court deems fit.

(1) Notwithstanding any other provision of these

regulations, and without prejudice to any other procedure for which the

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

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

Authority shall issue an enforcement notice in accordance with article

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

article 26 of the Act in an amount not exceeding two thousand euro

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

euro (€50) for each day during which the offence persists.

(2)

In all cases where the Authority imposes an

administrative penalty in respect of anything done or omitted to be

done by any person in accordance with these regulations and where

such act or omission also constitutes a criminal offence, no

proceedings may be instituted against the person in respect of such

offence when such person accepts responsibility for the breach of these

regulations in respect of which the administrative penalty is imposed

and implements any remedial measures as may be directed by the

Authority and pays the administrative penalty imposed on him.

(1)

Notwithstanding any other penalty and, or

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

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

or temporarily suspend any licence issued in accordance with these

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

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

thereunder.

(2)

A license suspended in accordance with these regulations

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

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

any such additional conditions which the Board may deem necessary.

(3)

The Court of Magistrates as a Court of Criminal

Judicature may upon conviction of a licensed mason for any offence

related to construction and, without prejudice to the powers of the

Authority in terms of the Avoidance of Damage to Third Party

Property Regulations and the Construction Industry Licensing

Regulations, suspend every licensed mason from the exercise of the

trade of mason for any period of time and, for this purpose, may also

order the Authority to revoke a license issued in accordance with these

regulations or refuse its renewal.

(4)

The Authority shall, by means of a decision notice

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

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

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

(5)

Any person feeling aggrieved by a decision of the

Authority concerning the revocation or suspension of a license or of

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

terms of the Act.

(6)

In the case of suspension or revocation of a license

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

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

fresh application, provides sufficient evidence and assurance that the

applicant has taken the necessary measures to rectify every occurrence

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

Every person who on the coming into force of these

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

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

be deemed to hold the licence as specified in these regulations

Provided that all the current valid licences which expire

in the year 2024 shall remain valid up to 30 th June 2025, and a renewal

application shall be submitted after the Authority issues such notice.