L.S. 623.01 Regolamenti dwar ir-Rendiment tal-Enerġija fl-Użu tal-Bini

ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 1 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.

(1)The title of these regulations is the Energy Performance of Buildings Regulations. Citation and scope.

(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. 2.

(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. Interpretation. Amended by: L.N. 134 of 2020; L.N. 231 of 2022; L.N. 153 of 2026.

(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 Cap. 623. 2 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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; Cap. 623. "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 ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 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 3 4 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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; Cap. 536. "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 districtlevel 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 ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 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; S.L. 451.03. S.L. 451.03. 5 6 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS (
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: ENERGY PERFORMANCE OF BUILDINGS (
a)[ S.L.623.01 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 7 8 [ S.L.623.01 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; ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 "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 nonrenewable 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 Cap. 552. 9 10 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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. Applicability. 3. These regulations provide for requirements as regards: (

a)the common general framework methodology for calculating the integrated performance of buildings and building units; for a energy (
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; [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 11 (
d)national plans for increasing the number of nearly zero-energy buildings; (
e)energy certification of buildings or building units; (
f)regular inspection of conditioning systems in buildings; and heating (
g)independent control systems performance certificates and inspection reports. and for air- energy 4. 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. Adoption of a methodology for calculating the energy performance of buildings. 5.

(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

Cost-optimal levels shall be calculated in accordance with the comparative methodology framework referred to in regulation
The design of buildings, the construction, the renovation and the technical building systems shall be compliant with Technical Document F

(2023)shall be made available on the Authority’s website. Setting of minimum energy performance requirements. Amended by: L.N. 305 of 2023.

(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 S.L. 623.04 12 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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): Cap. 552. (

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 nonresidential 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 50m2; (
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. Calculation of cost-optimal levels of minimum energy performance requirements. S.L. 545.16. 6.

(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. ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 13

(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 costoptimal 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). 7.

(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 subregulation

(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 New buildings. Amended by: L.N. 153 of 2026. 14 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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. Existing buildings. Amended by: L.N.134 of 2020. 8.

(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 ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 15 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. 8A.

(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, splitincentive dilemmas and market failures, and an outline of relevant national actions that contribute to the alleviation of energy poverty; (
e)smart policies and actions to target all public buildings; (
f)an overview of national initiatives to promote technologies and well-connected buildings and Strategy to support renovation. Added by: L.N. 134 of 2020. Amended by: L.N. 153 of 2026. 16 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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 ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 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 longterm 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 17 18 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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 250m2, excluding buildings exempted pursuant to paragraph 2 of Article 6 of Directive EU 2023/1791, containing the following information: (

i)the floor area in metre squared (m2); and (
ii)the energy performance of each building or relevant energy data. (
e)The competent authority shall encourage public bodies, including social-housing ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 19 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. 9.

(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 Technical building systems. Amended by: L.N. 134 of 2020; L.N. 231 of 2022; L.N. 305 of 2023. 20 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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 nonresidential 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 mediumsized 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 ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 21 (
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. 10.

(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 Nearly zeroenergy buildings. Amended by: L.N. 153 of 2026. 22 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS (
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. S.L. 545.16.

(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)elements: The national plans shall include, inter alia, the following (

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/m2 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); ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 (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. 23 S.L. 545.11.

(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. 11.

(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 Financial incentives and market barriers. Amended by: L.N. 134 of 2020. L.N. 153 of 2026. 24 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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 ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 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. 12.

(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 costoptimal 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 Energy performance certificates (EPCs). 25 26 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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. Issue of energy performance certificates (EPCs). 13.

(1)The Building and Construction Authority shall ensure that an EPC is issued for: (

a)buildings or building units which constructed, sold or rented out to a new tenant; and are (
b)buildings where a total useful floor area over 250m2 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 ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 27 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). 14.

(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 subregulation

(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 Energy Performance Certificate (EPC) and Energy Performance Assessment (EPA). 28 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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: Cap. 552. (

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 nonresidential 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 50m2; (
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. Provisions relating to an EPC. 15.

(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 ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 29 regulation 14

(5)shall also apply. 16.

(1)Where a total useful floor area over 500m2 of a 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 250m2 by 9 July, 2015. Display of energy performance certificates.

(2)Where a total useful floor area over 250m2 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. 17.

(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 Inspection of heating systems. Substituted by: L.N. 134 of 2020. 30 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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 subregulation

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

(1). ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 18.

(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.

(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 subregulation

(1). Such a report shall be submitted in accordance with the applicable planning and reporting obligations.

(4)The Building and Construction Authority shall provide 31 Inspection of airconditioning systems. Substituted by: L.N. 134 of 2020. 32 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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 subregulation

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

(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. ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 19.

(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. 33 Reports on the inspection of heating or airconditioning systems. Amended by: L.N. 134 of 2020.

(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. 20.

(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. Production of an EPC or inspection report.

(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 Energy performance assessment (EPA) and certification (EPC) /Inspection procedure and inspection report for heating or airconditioning systems. 34 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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 airconditioning 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). Revocation of an EPC or inspection report. 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 ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 35 make the reimbursement in whole or in part, as the case may be, referred to in sub-paragraph (i), within twentyeight 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 airconditioning 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 Alteration, cancellation or addition to an EPC and related advisory report / Alteration cancellation or addition to an inspection report for heating or airconditioning systems. Amended by: L.N. 305 of 2023. 36 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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 airconditioning 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 subparagraph (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. Records, data and documentation. 24.

(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. ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 37 (
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 airconditioning 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. 25.

(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. Registration of EPB assessors. Amended by: L.N. 305 of 2023. 38 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS

(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 ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 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 subregulation

(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. 39 40 [ S.L.623.01 Registration of inspectors of heating or airconditioning systems. Amended by: L.N. 305 of 2025. ENERGY PERFORMANCE OF BUILDINGS 26.

(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 airconditioning 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: ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 41 (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 airconditioning systems which he knows to be false or misleading in a material particular. 27.

(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: Directions issued by the Building and Construction Authority. 42 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS (

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 airconditioning systems shall comply with any relevant direction given under sub-regulation

(1). Registration and other administrative fees.

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. Registers held by the Building and Construction Authority. Amended by: L.N. 305 of
29.

(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 airconditioning 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. ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01

(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 airconditioning 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 airconditioning 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 subregulation

(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 Cap. 586. 43 44 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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. Evidential information used in proceedings. 30.

(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. Independent experts. 31.

(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 ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 45 experts are made available to the public. 32.

(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 airconditioning 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 subregulation 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 subregulation 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 Independent control system. Amended by: L.N. 305 of 2023. 46 [ S.L.623.01 Information. Amended by: L.N. 134 of 2020; L.N. 153 of 2026. ENERGY PERFORMANCE OF BUILDINGS 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. 33.

(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.

(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. ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 47

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
Consultation.
Any person who contravenes any of the requirements of these regulations shall be guilty of an offence in terms of these regulations. Enforcement of regulations. 36.

(1)The Building and Construction Authority may appoint persons to be authorised officers for the purpose of enforcing these regulations. Appointment of authorised officers.

(2)An authorised officer shall be in possession of a warrant of appointment and shall, upon request, produce the warrant of appointment. 37.

(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, Powers of authorised officers. 48 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS shall be guilty of an offence in terms of these regulations. Criminal proceedings. Cap. 9. 38.

(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. Cap. 9.

(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. Administrative penalties.

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. Cap.
Offences and penalties.
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 airconditioning 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 airconditioning systems; (c) a fine (multa) of not less than one thousand and ENERGY PERFORMANCE OF BUILDINGS [ S.L.623.01 49 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). 41.

(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. Language.

(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/(m2.

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 Substituted by: L.N. 231 of 2022. 50 [ S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS 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 nondiscriminatory 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 kgCO2eq/(m2.y). 4. The methodology shall be laid down taking into consideration at least the following aspects: (
a)the following actual thermal characteristics of the buildi

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