Chapter 513

[ CAP. 513. BUILDING REGULATION 1 CHAPTER 513 BUILDING REGULATION ACT To provide for matters relating to the construction of buildings and other matters connected therewith and to make consequential and other amendments. 28th November, 2011 * ACT XII of 2011 and Legal Notice 410 of 2021. 1. The short title of this Act is the Building Regulation Act. 2. In this Act, unless the context otherwise requires: "authorised person" means a person authorised for the purposes of this Act by the Director, Building Regulation Office, or by the Building Regulation Board (in the case of appeals in accordance with article 13), as the case may be; "the Board" means the Building Regulation Board established under article 3; "building" includes part of a building and any class of structures which are prescribed by the Minister to be a building for the purposes of this Act; "building contractors and building tradespersons" means any person, including a body of persons and any body corporate established by or under any law, who is listed under article 5(4); "building matter" means any building or other matter whatsoever to which this Act or any building regulations are in any circumstances applicable; "building regulations" means regulations made by the Minister under article 6; "Building Regulation Office" means the Government organisation which is responsible for the administration of building regulations and building control regulations made in accordance with this Act which administration may include, but is not limited to, the issue of licences and registration of masons, building contractors and tradespersons, the monitoring of the application of building regulations, the endorsement of certificates of compliance, the enforcement of building control regulations and the provision of technical assistance to the Board, in the preparation of technical guidance documents; "certificates of compliance" means documents issued by a perit or warranted engineer, to certify that a building or works conform with building regulations; "construction" includes the execution of works in connection with buildings and any act or operation necessary for or related to the construction, extension, alteration, repair or renewal of a building and "constructed" shall be construed accordingly; "design" includes the preparation of plans, particulars, drawings, *See article 1(2) of the Act as originally enacted, and Legal Notice 467 of 2011. Short title. Interpretation. 2 [ CAP. 513. BUILDING REGULATION specifications, calculations and other expressions of purpose according to which the construction, extension, alteration, repair or renewal concerned are to be executed, but shall not include matters relating to development planning, urban design and aesthetics, and "designed" shall be construed accordingly; "the Director" means the Director responsible for the Building Regulation Office or any public officer duly appointed to assume the responsibilities of the Building Regulation Office; "enforcement notice” has the meaning assigned to it by article 14; "fire consultant" means any person or firm who, after applying to the Director, Building Regulation Office and presenting to the said Director diplomas, certificates and other evidence of formal qualifications indicating the holder’s professional knowledge and experience in fire safety engineering, is accepted and registered by the Director as a recognised fire safety consultant; "functions" includes powers and duties; Cap. 321. "inġinier" has the meaning assigned to it in the Inġiniera Act; "mason" means any person who has a licence issued by the Director, Building Regulation Office, to construct wholly or in part, any stone or brick building laid in mortar, or concrete building, even though the work done or commenced by such person consists merely in the erection of a wall intended to form part of a building, or in the formation of a cistern, privy, sink or cesspool or of a conduit for the passage of filthy water or sewage matter; "the Minister" means the Minister responsible for the building industry; "operative date" means the day on which particular building regulations first come into operation; Cap 390. "perit" has the meaning as defined by the term "profession", in the Periti Act; "prescribed" means prescribed by regulations made by the Minister under this Act; S.L. 552.09 "site manager" means a person carrying out the duty or duties derived from the provisions of the Environmental Management Construction Site Regulations. Such person shall be nominated by, and be responsible on behalf of, the owner for ensuring the correct implementation of the aforementioned regulations; "technical guid ance document" means a document which provides technical guidance on matters relating to any aspect of building regulations and shall also include any methodology; Cap. 390. Cap. 321. Building Regulation Board. "warranted", in relation to a perit or an engineer, means a person who holds a warrant to practice as a perit or as an engineer, as the case may be, under the Periti Act or the Inġiniera Act; "works" includes any act or operation in connection with the construction, extension, alteration, repair or renewal of a building. 3. (1) There shall be a board to be known as the Building Regulation Board, hereinafter referred to as "the Board", which BUILDING REGULATION [ CAP. 513. shall consist of a chairperson and not less than six and not more than eight other members as follows: (a) a perit with at least eight years experience in building construction, who shall preside; (b) two other persons, one a perit nominated by the Kamra tal-Periti and, a warranted engineer nominated by the Chamber of Professional Engineers; and (c) at least four other persons, each with professional qualifications and, or knowledge and experience on matters related to building construction, or health and safety, or building services. All the members of the Board shall be appointed by the Minister for a period of three years. The Minister may designate one of the other members of the Board as Deputy Chairperson and the member so designated shall have all the powers and perform all the functions of the Chairperson during his absence or inability to act as chairperson or while the Chairperson is on vacation or when there is a vacancy in the office of chairperson; and the Minister may also, in any of the circumstances aforesaid, appoint another person to act as chairperson and in such case the foregoing provisions shall apply in respect of such person. (2) The Chairperson and each of the other members of the Board shall, before entering upon the duties of their office, take an oath in the form set out below: "I .................................. do swear that I will faithfully perform the duties of Chairperson/Member of the Building Regulation Board without favour or partiality according to law. So help me God.". (3) At least four members of the Board, together with the Chairperson, shall form a quorum. Decisions shall be adopted by a simple majority of the votes of the members present and voting. The Chairperson, or in his absence the Deputy Chairperson or other person appointed to act as chairperson, shall have an initial vote and in the event of an equality of votes, a casting vote. (4) In the exercise of its functions, the Board shall (a) be consulted by the Minister in accordance with articles 4(1), 6(1), 6(6), 11(1), 18(2) and 19 regarding regulations that may be made from time to time under this Act; (b) consult with stakeholders including Government departments or bodies corporate established by law, on matters relating to building regulations and building control regulations; (c) advise the Minister on all matters relating to building regulations and building control regulations, and any other functions as prescribed by this Act; (d) set the parameters, in accordance with article 5(1), by which the Building Regulation Office shall evaluate the capabilities of fire consultants or other consultants 3 4 [ CAP. 513. BUILDING REGULATION in the building industry, and of building contractors and building tradespersons for registration in any of the categories or sub-categories established by article 5(4) and for the issue of licences to masons in connection with building works in Malta; (e) advise the Minister on the setting of criteria for the suspension, withdrawal or cancellation of a registration or licence; (f) issue technical guidance documents as may be required from time to time; (g) decide upon the dispensing with or relaxation of a requirement of the building regulations, following an application or on its own accord, in accordance with articles 6 to 10; (h) consider appeals from any decision taken by the Director in accordance with articles 12 and 13; (i) carry out any activity or function in relation to building regulations or building control regulations which may be assigned to it by means of regulations made by the Minister in accordance to the provisions of this Act. (5) The meetings of the Board shall be called by the Chairperson as often as may be necessary but at least once a month either on his own initiative or at the request of any two of the other members. Subject to the provisions of this Act, the Board may regulate its own procedure. (6) There shall be paid to the members of the Board such remuneration as the Minister may, with the concurrence of the Minister responsible for finance, determine. (7) The Minister shall designate public officers to be the administrative secretariat of the Board consisting of a Secretary and such other officers or employees as may be necessary to assist t h e B o a r d e ff i c i e n t l y i n t h e m a t t e r s w h i c h f a l l w i t h i n i t s jurisdiction. (8) The members of the Board shall on the expiration of their term of office be eligible for reappointment. (9) (a) The Board shall keep a register of all its decisions in relation to (i) the relaxation or dispensation of building regulations in accordance with article 10; and (ii) appeals made under article 13(3). (b) For each decision, the information kept in the register shall include the name of the applicant and details of the proposal including documents, detailed plans, if applicable, and a reasoned justification for the decision. (c) The register shall be made available for public inspection at such reasonable times as may be determined by the Board and on the website of the BUILDING REGULATION [ CAP. 513. 5 Building Regulation Office or, in the case of absence for a while of a website of the Building Regulation Office, on the website of another government department or agency in which case, such other website shall be notified in the Gazette. (10) In the performance of its functions, the Board shall have the power to appoint from time to time sub-committees for the purpose of compiling technical reports and, or identifying procedures to be adopted. (11) If the need arises, the Board may request that the Minister appoints a Committee of Appeals composed of not less than three and not more than five members, one of whom shall be appointed from among the members of the Board, who shall be the Chairperson and preside the Committee meetings. The members of the Committee of Appeals shall be appointed by the Minister for a period of three years, and may be so appointed for further periods as the Minister may deem appropriate. Committee of Appeals. (12) The other members of the Committee of Appeals shall be a perit, a w arran ted engin eer o r an y ot her suitab ly quali fied professional with qualifications and, or experience on matters related to building construction, or health and safety, or building services. The provisions of sub-articles (2), (6), (7) and (8) shall, mutatis mutandis, be applicable to the Committee of Appeals. (13) A member of the Board or of the Committee of Appeals may be challenged or abstain for any of the reasons for which a judge may be challenged or abstain in accordance with article 734 of the Code of Organization and Civil Procedure. In any such case the Minister shall appoint a person, having the qualifications of the member challenged or abstaining, to sit as a member of the Board or of the Committee of Appeals in substitution of the said member. (14) A member of the Board or of the Committee of Appeals may be removed from office by the Minister, on grounds of gross negligence, conflict of interest, incompetence, acts or omissions unbecoming a member of the Board or of the Committee of Appeals or if such member is unfit to continue in office or has become incapable of properly performing his duties as a member. (15) If a member resigns or on the expiration of his term of office or if the office of a member of the Board or of the Committee of Appeals is otherwise vacant or if a member is for any reason unable to perform the functions of his office, the Minister may appoint a person who is qualified to be appointed as a member to be a temporary member of the Board or the Committee of Appeals, as the case may be; and any person so appointed shall, subject to the provisions of sub-articles (13) and (14), cease to be such a member when a person has been appointed to fill the vacancy or, as the case may be, when the member who was unable to perform the functions of his office resumes those functions. Cap. 12. 6 [ CAP. 513. BUILDING REGULATION PART I Registration of Contractors Power to make regulations on the issue of licences in the building industry and the registration of consultants in the building industry, building contractors and building tradespersons. 4. (Repealed by Legal Notice 410 of 2021). Evaluation of capabilities and registration. 5. (Repealed by Legal Notice 410 of 2021). PART II Building Regulations Power to make building regulations. 6. (Repealed by Legal Notice 410 of 2021). Case dispensation or relaxation of building regulations. 7. Where building regulations so provide, the Board may, following an application for a direction under this article, consider that the adoption of a requirement in such building regulations would be unreasonable in relation to the particular case to which the application relates, give a direction dispensing with or relaxing that requirement, subject to any additional conditions that the Board may deem fit. Application for case dispensation or relaxation. 8. (1) An application pursuant to article 7 may be in such form and shall contain such particulars as may be prescribed. (2) The application shall be made to the Board and it shall include a detailed technical report giving the reasons why a case dispensation or relaxation would be justified. Advertisement of proposal for case relaxation or dispensation of building regulations. 9. (1) The Board shall, within thirty days of receiving an application in accordance with article 8, in respect of any particular case, make available a notice on the website of the Building R e g ul a t i o n O ff i c e , a n d p u bl i s h s u c h no t i c e i n a t l e a s t t w o newspapers, one of which shall be in the Maltese language (a) indicating the site and nature of the work and the requirement to be dispensed with or relaxed; and (b) stating that representations with regard to the effect that the direction may have on public health or safety may be submitted by such date that shall be specified in the notice, which period shall not be less than twenty-one days from the date of the notice; and (c) indicating the date of hearing of the case subject of the application before the Board, and that for such hearing there can attend both the applicant as well as any other person who has submitted a representation mentioned in this paragraph and who has a direct interest in the outcome of the application, and the Board may, as a condition for considering the application, BUILDING REGULATION [ CAP. 513. 7 require the applicant to pay or undertake to pay the cost of publication. (2) No notice shall be required to be published under subarticle (1) where it appears to the Board that any effect that the direction may have on public health or safety will be limited to the site of the work or to premises adjoining the site of the work, but in the latter case the Board shall give such notice to the owners and occupiers of those premises as it may consider adequate for them to make any necessary representations. (3) The notice referred to in sub-articles (1) or (2) is required even where the work involves only an internal part of the building. (4) (a) Before giving the direction, the Board shall give due consideration to any application made in accordance with article 8, any representations in writing made under sub-article (1), as well as any other proof brought forward during the hearing of the case. (b) The Board shall have the power to determine who has a direct interest in the outcome of the application, and to summon witnesses and to administer the oath to any person appearing before it. (c) The Board may appoint experts and may require any department or agency of Government to provide it with such information as the Board may deem necessary for the proper execution of its functions. (d) During the hearing of the case subject of the application, both the applicant as well as any other person who has submitted a representation mentioned in this paragraph and who has a direct interest in the application, shall be assisted by a lawyer and, or a perit as the applicant may deem fit. 10. (1) If the Board considers that compliance with any requirement of building regulations would be unreasonable in relation to any specified class of building operations, works or material, the Board may, either on an application made to the Board or of its own accord, give a direction dispensing with or relaxing such requirement generally in relation to the type of building, either (a) unconditionally; or (b) subject to compliance with any such condition as may be specified in the direction, being conditions on matters directly connected with the dispensation or relaxation. (2) A direction under sub-article (1) (a) if it so provides, shall cease to have effect at the end of such period as may be specified in the direction; and (b) may be varied or revoked by a subsequent direction of the Board. (3) (a) Building regulations may require a person making an Relaxation or dispensation of building regulations to specified classes of works or materials. 8 [ CAP. 513. BUILDING REGULATION application under sub-article (1) to pay the Board any such fee as may be prescribed, and regulations so made may prescribe different fees for different cases. (b) The Board may, if in agreement in whole or in part with the application, remit the whole or part of a fee payable by virtue of this sub-article. (4) In addition to the provisions of article 3(9), where the Board gives a direction under sub-article (1), the Board shall write to the Minister informing him of such decision and include the reasons that justify it. (5) If at any time a direction under sub-article (1) dispensing with or relaxing a requirement of building regulations ceases to have effect in accordance with sub-article (2)(a), or is varied or revoked under sub-article (2)(b), this shall not affect the continued operation of the direction or any conditions specified therein, in any case where before such time, at the commencement of building operations, plans of the proposed work were in accordance with building regulations as applicable to it before the dispensation or relaxation ceased to have effect. (6) (a) Each decision by the Board shall be reached following a case by case analysis and no decision shall constitute a precedent for other cases, in that each case has to be decided on its own merits. (b) The Board shall deliver its decision regarding whether it shall issue an order to relax or dispense building regulations, within thirty days from the date of hearing. That decision shall be notified to the parties within fifteen days and shall include the reasons which justify the Board’s conclusion. (c) The decisions of the Board shall be supported by the majority of its members. (d) The Board shall, in any case, inform the applicant in writing, with a copy of the decision whether the application for relaxation or dispensation of building regulations has been accepted or not. A copy of such a decision should also be given to any person who submitted a representation before the Board and a copy shall be kept in a register which shall be available for inspection by the public in accordance to article 3(9). (7) The decisions of the Board shall be final except with respect to points of law, from which there may lie an appeal to the Court of Appeal (Inferior Jurisdiction). Cap. 12. (8) Appeals to the Court of Appeal (Inferior Jurisdiction) from decisions of the Board, as provided for in sub-article (7), shall be made within twenty days from the day the applicant and any person making the representation before the Board is notified with the decision of the Board, and such appeals shall be regulated by such rules of court as may be made in accordance with article 29 of the Code of Organization and Civil Procedure. BUILDING REGULATION [ CAP. 513. 9 PART III Building Control Regulations 11. (Repealed by Legal Notice 410 of 2021). 12. (1) A person or institution or any department or agency of Government having a direct interest and aggrieved by any decision, ruling or direction by the Director, Building Regulation Office, ma y sub m it an ap pe al t o th e Board in a ccord ance with the provisions of this Act and any regulations made thereunder. Power to make building control regulations. Appeals. (2) An appeal against any ruling, order or direction issued by the Director, Building Regulation Office, shall be made within a period of twenty days from the issue of such ruling, order or direction, by means of an application filed with the Secretary of the Board. Notice of such an application shall be served on the Director, Building Regulation Office, and a representative of the Director shall be entitled to file a written reply, appear, be heard and submit evidence at the hearing of the application. (3) The Board may delegate hearing of appeals submitted to it to a Committee of Appeal, provided that this has been duly appointed by the Minister in accordance with article 3(11). (4) The Board or Committee of Appeals, as the case may be, shall appoint a date for the hearing of the appeal which shall in no case be later than thirty days from the date when the application of appeal is filed with the Secretary of the Board. (5) In determining an appeal the Board or the Committee of Appeals shall take into account the merits of the appeal, and may in whole or in part, confirm, annul or vary the decision appealed from, giving in writing the reasons for its decision and shall cause such decision to be made public and communicated to the parties to the appeal. (6) The procedure to be followed before the Board or the Committee of Appeals and the time within which and the manner in which an appeal to the Board or the Committee of Appeals, is to be made shall be such as may be prescribed; and subject thereto, and to any other applicable provision of this Act, the Board or the Committee of Appeals may establish its own procedure. 13. (1) The provisions of this article shall be applicable in relation to appeals submitted to the Board against any decision taken by the Director, Building Regulation Office. (2) The Board or the Committee of Appeal, as the case may be, shall have the power to hear and determine all appeals made by a person or institution or any department or agency of Government aggrieved by any decision of the Director, Building Regulation Office. (3) The decisions of the Board or the Committee of Appeals, as the case may be, shall be final except with respect to points of law, from which there shall lie the right to appeal to the Court of Appeal (Inferior Jurisdiction). Any party to an appeal before the Board or Provisions relating to appeals. 10 [ CAP. 513. BUILDING REGULATION Committee of Appeals who feels aggrieved by a decision of the Board or the Committee of Appeals, or the Director if he feels dissatisfied with any such decision, may on a question of law appeal to the Court of Appeal (Inferior Jurisdiction). (4) The decisions of the Board or the Committee of Appeal, as the case may be, shall be supported by the majority of its members; all decisions of the Board or the Committee of Appeal, as the case may be, shall be delivered in public and shall be kept in a register which shall be available for inspection by the public in accordance to article 3(9). (5) Advance notice of not less than fourteen days shall be given of the meetings of the Board or the Committee of Appeal, as the case may be, in such manner as the Board or the Committee of Appeal may deem appropriate. The parties to the appeal who have filed an application or a reply in writing and expressed the intention to make representations shall be invited to do so. (6) The sittings of the Board or the Committee of Appeal, as the case may be, shall be open to the public, subject to the power of the Board or the Committee of Appeal to exclude any member of the public if it deems it necessary to do so for the maintenance of order or for public security reasons. (7) The Board or the Committee of Appeal, as the case may be, shall endeavour to give its decision within three months of the first sitting in a case. (8) The Board or the Committee of Appeal, as the case may be, may appoint experts and may require any department or agency of Government to provide it with such information as the Board or Committee of Appeal may deem necessary for the proper execution of its functions. In the exercise of its functions, the Board or the Committee of Appeals may summon any person to appear before it and give evidence and produce documents; and the Chairperson shall have the power to administer the oath. Cap. 12. Enforcement notice. (9) Appeals to the Court of Appeal (Inferior Jurisdiction) from decisions of the Board or the Committee of Appeal, as the case may be, as provided in sub-article (3) shall be made by means of an application filed in the registry of that court, within twenty days from the date on which that decision has been notified to the parties and such appeals shall be regulated by such rules of court as may be made in accordance with article 29 of the Code of Organization and Civil Procedure. 14. (1) The Director, Building Regulation Office, or any person duly appointed to act on his behalf, may serve an enforcement notice in any of the following circumstances: (a) where the construction of any building or carrying out of any works to which building regulations apply is commenced or has been completed or any material change takes place in the purposes for which any building is used, which construction, works or change are not carried out in conformity with building regulations; or BUILDING REGULATION [ CAP. 513. (b) where the building or works are not designed or have not been, or are not being, constructed or carried out in conformity with building regulations; or (c) where the failure to comply with building regulations results following a decision by the Board not to grant a dispensation or relaxation pursuant to this Act, which decision by the Board is final, or following a judgement by the Court of Appeal (Inferior Jurisdiction), as the case may be; or (d) where the Director, Building Regulation Office, is not supplied with the particulars and, or the documentation required within the period established by the building control regulations. (2) An enforcement notice may be served on (a) the owner of the building or works concerned; or (b) any other person who carried out, or is carrying out, the works to which the notice applies; or (c) the occupier or persons making use of the building who shall immediately inform the owner of the building of such enforcement notice. (3) The Director Building Regulation Office, shall also inform the site manager and the perit responsible for the said works, if known, that an enforcement notice has been issued by the Building Regulation Office. (4) An enforcement notice, in particular and without prejudice to the other provisions of this article, may (a) subject to any relevant dispensation or relaxation already granted by the Board, according to articles 10 or 13 or by the Court of Appeal (Inferior Jurisdiction), require such steps as may be specified in the notice to be taken within such period as may be so specified for the purposes of ensuring compliance with building regulations, and such notice may require (i) the removal, alteration or making safe of any structure service, fitting or equipment; or (ii) the cessation of any works or the doing of any other thing as may be specified in the notice in relation to the building or works to which the notice relates; (b) prohibit the use of a building, or a specified part of a building, for any purpose specified in the notice until the specified measures are taken to the satisfaction of the Director, Building Regulation Office, by the removing, altering or making safe of any structure, service, fitting or equipment or the cessation of any works or by the doing of any other thing in relation to such building or such specified part of a building that may be required by the notice. (5) Subject to sub-article (6), an enforcement notice shall take 11 12 [ CAP. 513. BUILDING REGULATION effect at the expiration of such period, being a period of not less than fourteen days beginning on the date of the service of such notice, as may be specified therein: Provided that where the notice orders the cessation of any work, it shall have effect immediately. (6) A person on whom an enforcement notice has been served pursuant to this article shall comply with the terms of the notice within the period specified therein. (7) Where a person fails to comply with the requirements of sub-article (6), the Director, Building Regulation Office, or his representative may enter into any building or works to which the enforcement notice relates and may enter any land as may be necessary for that purpose, and therein take any action or do anything required by the notice. (8) Where, pursuant to sub-article (7), the Director, Building Regulation Office, or his representative enters into any building or works to which the enforcement notice relates and takes any action or does anything in relation thereto, the Director or his representative may, on satisfying the Court that the person on whom the enforcement notice was served is either the owner of the building or a person who carried out the works to which the enforcement notice relates, or the occupier in terms ofsub-article (2)(c) and that such person failed to comply with the requirements of sub-article (6), recover the costs involved in taking the action as a civil debt. Service of enforcement notice. 15. (1) Where an enforcement notice is authorised under this Act to be served on a person, it shall be addressed to such person and may be served on him in one of the following methods: (a) where it is addressed to such person by name, by delivering it to him in person; (b) by leaving it at the address at which such person ordinarily resides or, in a case where an address for service has been furnished, at that address; (c) by sending it by registered mail at the address where such person ordinarily resides or, in a case where an address for service has been furnished, at that address; (d) where the address at which such person ordinarily resides cannot be ascertained by reasonable enquiry and the enforcement notice is authorised to be given in respect of any particular building or works, by delivering it to a person residing in such building or employed on such works or by affixing it in a conspicuous place on or near such building or works. (2) Where an enforcement notice is authorised by this Act to be served on or given to the owner of a building or works or a person who carried out or is carrying out the works to which building r e g u l a t i o n s a p p l y, a n d t h e n a m e o f s u c h p e r s o n c a n n o t b e ascertained by reasonable enquiry, the notice may be addressed to "the owner", "the occupier", or "the person concerned executing the works", or "the site manager" as the circumstances may require, BUILDING REGULATION [ CAP. 513. 13 without naming such owner or person. (3) For the purposes of this article, a company registered under the Companies Act shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body shall be deemed to be ordinarily resident at its principal office or place of business. Cap. 386. (4) Where an enforcement notice is served on or given to a person pursuant to sub-article (1)(d), a copy of the notice shall, within two weeks thereafter, be published in at least three daily newspapers. (5) All expenses reasonably incurred by the Director Building Regulation Office in the exercise of his powers under this article shall be recoverable as a civil debt by the Building Regulation Office, from the owner of the building concerned subject to such right of recovery such person may have against any other person. (6) A person who at any time after a notice is affixed pursuant to sub-article (1)(d), removes, damages or defaces the notice without lawful authority shall be guilty of an offence against this Act. 16. (1) Any authorised person shall be entitled to enter, at all r e a s o n a b l e t i m e s , i nt o a n y l a n d o r b u i l d in g , s ub j e c t t o h i s producing, a means of identification and if so required, the authorisation in writing and thereon inspect for the purposes of this Act any building, permanent building installations and any plans or documents relating to such building. (2) Any authorised person may (a) inspect any building (i) following its completion; or (ii) during its construction, alteration or extension; or (iii) during the installation therein of any fittings, services or equipment to which building regulations apply; or (iv) in respect of which any material change takes place in the purposes for which such building is used; (b) require to be informed by the owner or occupier of such a building, or by any person responsible for the construction of such a building, or by any of the aforementioned persons, to the extent that such persons have knowledge of the matters in question, as to the purpose for which the building, or any part thereof, has been, is being, or will be, used, the number of persons who are, or will be, employed or accommodated therein or who resort or will resort thereto, the material with which any such building or any part of such building is constructed, and the method of construction employed and as to any other matter which the authorised person considers to be Powers of inspection by authorised persons. 14 [ CAP. 513. BUILDING REGULATION relevant; (c) require the owner or occupier of the building, or any person responsible for the construction of the building, to provide such plans, documents and information as are necessary to establish whether the requirements of building regulations are being complied with in relation to the building; (d) take such samples of the materials used in the carrying out of any construction work or take such other action in relation to such construction work as may be necessary to establish whether the requirements of building regulations are being complied with in relation to the building. (3) An authorised person shall be entitled to be assisted by such persons and bring with him such equipment as he considers necessary to enable him to exercise the powers under this article. (4) Any person who (a) refuses to allow an authorised person to enter any land or building; or (b) obstructs or impedes an authorised person in the exercise of any of the powers conferred on him by this article; or (c) wilfully or recklessly gives, either to an authorised person, or to the Building Regulation Office, or to the Board, any information which is false or misleading in a material respect, shall be guilty of an offence against this sub-article. (5) Where an authorised person is prevented from exercising his power of entry into any land or building in the exercise of his powers under this article, the Building Regulation Office, or the Board, as the case may be, may request the assistance of the police. (6) Nothing in this article shall empower an authorised person to enter into or to inspect any plans or documents relating to land or building which is in the occupation of the Armed Forces of Malta or the Malta Police Force, or Correctional Facilities or such other building that the Minister may designate in writing from time to time, if in the opinion of the respective commanding officers such inspection of documentation would breach security. Liability of Director for damages resulting from gross negligence. 17. For the purposes of articles 14, 15 and 16, the Director or any authorised person shall not be liable for any damages to any person or any property as a result of the exercise of his powers under the aforementioned articles, or attributable to the performance of his duties imposed by this Act, unless it is proven that such damage resulted from bad faith and gross negligence on the part of the Director or such authorised person. PART IV Miscellaneous Provisions BUILDING REGULATION [ CAP. 513. 18. (1) Without prejudice to any other information requirements emanating from any other applicable law, it shall be unlawful for any person to engage a building contractor or building tradesperson to undertake any works falling under these regulations without making an agreement as to the price to be charged in respect of material to be supplied and the price of the service or work to be done, and if an exact price cannot be quoted, the method for calculating the price or a detailed estimate. Such agreement shall result either from a public deed or from a private writing. 15 Contract for works or services. (2) A person shall not be acting in breach of the provisions of sub-article (1) if during the execution of the works, for which there is an agreement according to that sub-article, there results the need for the provision of extra materials, services or works to be carried out or variations in works from those mentioned in said agreement. (3) (Repealed by Legal Notice 410 of 2021). 19. (Repealed by Legal Notice 410 of 2021). 20. (1) A document purporting to be a copy of an entry in a register or to be a copy of a document lodged with the Board, or the Building Regulation Office, and which is certified by an officer of the Board or the Building Regulation Office, as the case may be, to be a correct copy of such entry or document, shall be prima facie evidence of the entry or the document of which it purports to be a copy and it shall not be necessary to prove the signature of such officer or that he was in fact such officer. Power to prohibit the use of certain materials, etc. Authenticity of documents. (2) Evidence of an entry in a register may be given by the production of a copy of such entry, certified in accordance with the provisions of sub-article (1), and it shall not be necessary to produce the register itself. 21. (Repealed by Legal Notice 410 of 2021). Technical guidance documents. PART V Offences and Penalties 22. (1) Without prejudice to any other provisions under this Act, or other provisions of regulations, made under this Act, which the Director is entitled to enforce, the Director shall have the power to impose in respect of any person who infringes any provision of this Act or of any regulations made thereunder, or who fails to comply with any directive or decision given by the Director or the Board, whether under this Act, or regulations prescribed thereunder, or under any other law which the Director is entitled to enforce, an administrative fine using such procedures as established in this Act or regulations made thereunder. (2) An administrative fine imposed shall not, unless provided otherwise by or under this Act, exceed two hundred thousand euro (€200,000), and two thousand euro (€2,000) each day, in the case where the infringement persists: Administrative penalties. 16 [ CAP. 513. Cap. 12. Offences. BUILDING REGULATION Provided that all the fines provided for in this article shall be due to the Government as a civil debt and following the service of a judicial act, in terms of article 466 of the Code of Organization and Civil Procedure, which is either not opposed or the opposition of which is denied, according to the provisions of the said article, the same administrative fine shall constitute an executive title for all the effects and purposes of Title VII of Part I of Book Second of the Code of Organization and Civil Procedure. 23. (1) Any person who (a) being an applicant, makes a false declaration for the purposes of any application made under the provisions of this Act, or (b) supplies false or misleading contravention of article 16(4)(c), information in shall be guilty of an offence against this Act and shall be liable, on conviction, to a fine (multa) not exceeding one thousand five hundred euro (€1,500), without prejudice to any other punishment for which the applicant may have become liable under any other law. (2) Any person who fails to comply with an enforcement notice issued under this Act in accordance with article 14(6) shall be liable on conviction to a fine (multa) not exceeding one thousand two hundred euro (€1,200), and in the case of a continuing offence, to a further fine (multa) of one hundred euro (€100) for each day during which the offence continues. (3) Any person who refuses to allow an authorised person to enter any land or building, or obstructs or impedes an authorised person in the exercise of any of that authorised person’s powers shall be guilty of an offence and shall be liable on conviction to a fine (multa) not exceeding two thousand four hundred euro (€2,400), and to a further fine (multa) of two hundred euro (€200) for each day the offence continues. (4) Any person who is convicted of an offence under article 16(4) may also, at the request of the prosecution, be disqualified from signing and submitting to the Director, Building Regulation Office, for a period not exceeding two years from the date of conviction for the offence, certificates of compliance or fire safety certificates, or any other certificate required in accordance with this Act or any other regulations made thereunder and, accordingly, the Director, shall not accept certificates for registration which are signed by a person while so disqualified. Power of Minister to make regulations in respect of criminal offences. 24. Without prejudice to any other special provisions of this Act, the Minister may, after consultation with the Board, make regulations which prescribe that the breach of regulations made under this Act shall constitute a criminal offence and which prescribe penalties for criminal offences against any regulations made under this Act, and such regulations may: (a) prescribe imprisonment and different fines (multa) for different offences; and BUILDING REGULATION [ CAP. 513. 17 (b) prescribe fines (multa) calculated in accordance with the duration of the commission of the offence: Provided that any such regulations as may be made shall not provide for: (i) imprisonment for more than two years, or a fine (multa) of more than two hundred thousand euro (€200,000); or (ii) fines of more than five thousand euro (€5,000) for each day during which the offence persists. 25. (1) Criminal proceedings for an offence against this Act shall be taken before the Court of Magistrates (Malta) or the Court of Magistrates (Gozo), as the case may be, and shall be in accordance with the provisions of the Criminal Code regulating the procedure before the said courts of criminal judicature. Prosecution. (2) Notwithstanding the provisions of the Criminal Code, the Attorney General shall always have a right of appeal from any judgement given by the Courts of Magistrates (Malta) or by the Court of Magistrates (Gozo) in respect of proceedings for any offence against this Act or any regulations made by virtue of this Act. Cap. 9. Cap. 9. PART VI Amendment of the Code of Police Laws 26. (Repealed by Legal Notice 410 of 2021). Part VII Repeal of the Building (Price Control) Act 27. The provisions of the Building (Price Control) Act* and any subsidiary legislation enacted under the said Act, as in force prior to the coming into force of this Act, shall continue to apply in respect of any civil or criminal action, right of action or obligation relating to or arising out of payments due or made in respect of any material or work supplied or done, prior to the coming into force of this Act. Amendment, substitution or repeal of Part V of the Code of Police Laws. Cap 10. Repeal of the Building (Price Control) Act. Cap 288. PART VIII Notification 28. (Repealed by Legal Notice 410 of 2021). Act has been notified. S.L. 419.06 29. (Repealed by Legal Notice 410 of 2021). *Repealed by sub-article (1) of this article as originally enacted - the said sub-article has been omitted under the Statute Law Revision Act, 1980. Transitory provision. 18 [ CAP. 513. BUILDING REGULATION SCHEDULE [Article 6(6)] Matters for which building regulations may prescribe Standards or recommend Codes of Practice 1. Preparation of sites. 2. Suitability, durability, classification, use and testing of materials and components (including surface finishes) used in buildings. 3. Structural strength and stability of buildings including (a) precautions explosion; against overloading, impact and (b) measures to safeguard adjacent buildings and services; (c) underpinning. 4. Resistance to moisture and decay. 5. Fire precautions including (a) resistance of the structure to the outbreak and spread of fire; (b) means of escape in the event of fire and measures to ensure that such means can be effectively and safely used at all times; (c) services, fittings and equipment designed to facilitate fire fighting to mitigate the effects of fire, for the early detection of fire and to provide warning in the event of fire. 6. Prevention of danger and obstruction to persons in and about buildings. 7. Measures affecting the emission of smoke, gases, fumes, grit or dust or other noxious or offensive substances. 8. 9. gain. 10. Measures to prevent infestation. Measures affecting the transmission of heat and solar heat Measures affecting the transmission of sound. 11. Storage, treatment and removal of waste or hazardous material. 12. Accommodation for specific purposes or in connection with buildings, and the dimensions of rooms, components and other spaces within buildings. 13. Ventilation and natural lighting (including the provision of open space thereof). 14. Means of access to and egress from buildings and parts of buildings. 15. Water services, ducts, fittings and fixed equipment and materials associated therewith. 16. Electrical services, ducts, fittings and fixed equipment and BUILDING REGULATION [ CAP. 513. materials associated therewith. 17. Drainage (including waste disposal units). 18. Postal and electronic communications services installations, ducts, ancillary fixed equipment and materials associated therewith. 19. Services, installations and ancillary equipment, including installations (including appliances, storage tanks, heat exchangers, ducts and fans) utilising solid fuel, oil, gas, electricity or any other fuel or power for the purpose of, or inconnection with, providing heat or ventilation or producing hot water in buildings. 19