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 and 231 of 2022.
Citation and 
scope.1. (1) The title of these regulations is the Energy
Performance of Buildings Regulations.
(2) The scope of these regulati ons is to transpose Directive
2010/31/EU of the European Parliament and of the Council on theenergy performance of buildings and to give effect to its provi sions.
These regulations promote the improvement of the energyperformance of buildings within the territory of Malta, taking into
account outdoor climatic and local conditions, as well as indoo r
climate requirements a nd cost-effectiveness.
Interpretation.
Amended by:
L.N. 134 of 2020;
L.N. 231 of 2022.2. (1) Unless otherwise stated in these regulations, the
definitions prescribed in the Act and in the Technical Document  F
referred to in regulati on 5, shall also apply.
(2) For the purpose of these r egulations and unless the
context otherwise requires, the  following definitions shall app ly:
Cap. 623. "Act" means the Building and Construction Authority Act;
"advisory report" means a report made by an energy
performance of building (EPB) assessor, accompanying an EnergyPerformance Certificate (EPC), w orked on the basis of an assess ment
of the energy performance of a building or heating or coolinginstallations, and containing recommendations on how the energyperformance 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 c ontrolled 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 representingthe intrinsic energy performance potential of the buildingunder standardised conditions of weather and building
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 ensurecompliance with these regulations;
"body corporate" means a body or legal entity, such as an
association, company, person, the  government, government agenci es,
corporation, or institution, identified by a particular name an d
bearing a distinct and separate legal personality or legal stat us from
that of its members, also known as corporate entity;
"boiler" means the combined bo iler 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 beendesigned 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, economic al and safe operation of tech nical
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 inter ior from the outdoor environme nt;
"the Building and Constructi o n  B o a r d "  m e a n s  t h e  B o a r d  a s
established by artic le 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 andConstruction Authority Act;
"building unit" means a section, floor or apartment within a
building which is designed or a ltered to be used separately;
"cogeneration" means the simu ltaneous generation in one
process of thermal energy and el ectrical and, or mechanical ene rgy;
"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 delegate d by
the Authority under the Act;
"compliance certificate" means a certificate issued by a
competent person certifying that the completed building is comp liant
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 3
with these regulations and associated Technical Document F (Par ts 1
and 2) and any other instructions issued by the Building Regula tions
Office;
"the Commission" means the European Commission as
established by the Treaty on the European Union as amended by t he
Lisbon Treaty of 2009;
"cost-optimal level" means the energy performance level
which leads to the lowest cost during the estimated economiclifecycle, 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 energyproduced, throughout the estimated economic lifecycletogether with any disposal c osts, if applicable; and
(b) the estimated economic lifecycle is determined
according to the remaining estima ted economic lifecycle of a
building where energy performance requirements are set forthe building as a whole, or to t he estimated economic lifecycle
of a building element where energy performance requirementsare set for building elements. The cost-optimal level shall bedeemed to be obtained where the cost benefit analysis withinthe 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, ho t
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 insta lled finishes, fixtures, fitting s
and mechanical and electrical  installations to render that
building habitable and good for its intended use understandardised conditions of weat her and building occupancy;
"development permission application" means an application
for a development permit issued by the Planning Authority;
"district heating" or "district cooling" means the distribution  of
thermal energy in the form of steam, hot water or chilled liqui ds or
other fluids, from a central source of production through a net work to
multiple buildings or sites, for the use of space or process he ating or
4 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
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 a s
being deliverable during continuous operation while complying w ith
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 Obligatio ns)
Act;
"energy from renewable so urces" means energy from
renewable non-fossil sources, namely wind, solar, aerothermal,geothermal, hydrothermal and ocean energy, hydropower, biomass,landfill gas, sewage treatmen t plant gas and biogases;
"energy performance assessmen t (EPA)" means an assessment
of the energy performance of a building carried out by an EPBassessor for the purpos e of assigning an EPC;
"energy performance certificate (EPC)" means a certificate
issued by an EPB assessor recognised by the Building andConstruction Authority or by a person designated by it and auth orised
to act on its behalf. The methodology used by the EPB assessor shall
conform with the methodology adopted in accordance with regulat ion
4;
"energy performance of a building (EPB)" means the
calculated or measured amount of energy, needed to meet the ene rgy
demand associated with a typical use of the building, which inc ludes,
inter alia , energy used for heating, cooling, ventilation, hot water and
lighting;
"EPB assessor" means a person who is duly registered with the
Building and Construction Authority after it has taken intoconsideration that such pe rson is in possession of:
(a) a warrant to practice the profession of architect
and, or civil/structural engineer , or the warrant to practice t he
profession of mechanical or electrical engineer, and who hasalso successfully undertaken a period of training on theassessment of the energy performance of buildings built inMalta, and such training is approved by the Building andConstruction Authority; or
(b) in the case of an EU citizen, a registration
certificate as an EPB assessor in any other Member State, and
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 5
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:
S.L. 451.03.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 Recog nition
of Professional Qualifications R egulations, inform the Building  and
Construction Authority in a written declaration to be made at l east
two weeks in advance. Such declar ation shall be renewed each ye ar if
the service provider intends to provide temporary or occasionalservices during that year:
S.L. 451.03.Provided also that for the first provision of services
whether on a temporary or permane nt basis, or if there is a mat erial
change in the situation substan tiated by the documents, the Bui lding
and Construction Authority may, in terms of regulation 9(2) of the
Recognition of Professional Qualif ications Regulations, require  that
the declaration and the registered certificate be accompanied b y the
following documents:
(a) proof of the nationality o f the service provider;
(b) an attestation certifying that the holder is legally
established in a Member State for the purpose of pursuing theactivities concerned and that he is not prohibited, eventemporarily, from practising the relevant profession and that o f
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 EPBassessor and provided to the Bu ilding and Construction Authorit y for
the purpose of notifying it of the  record to be made or updated  on the
EPC register in respect of a par ticular building, and it shall be
deemed to include any calculatio ns and related data or document s
accompanying such report;
"EPC record" means the current and any previous EPC, any
advisory report, any EPC data f ile and any related data or docu ments,
as the case may be, pe rtaining 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 andConstruction Authority for the purpose of administering EPCs an d
related activities in accordanc e with these regulations;
6 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
"European standard" means a standard adopted by the
European Committee for Standardisation, the European Committeefor Electro-technical Standardisation or the EuropeanTelecommunications Standards Institute and made available forpublic use;
"existing building" means any building which:
(a) is already constructed prior to the date of entry
into force of thes e regulations; or
(b) is in the course of construction or earmarked for
construction and has a valid development permit in terms ofthese regulations prior to the date of entry into force of thes e
regulations;
"heat generator" means the part of a heating system that
generates useful heat using one o r more of the following proces ses:
(a)  the combustion of fuels in, for example, a boiler;
(b) the Joule effect, taking place in the heating elements of
an electric resistance heating system;
(c) capturing heat from ambien t 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 natura l 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 thebuilding to the natural surroundings;
"heating system" means a combination of the components
required to provide a form of indoor air treatment, by which th e
temperature is increased;
"independent air-conditioning systems inspector" means a
registered air-conditioning systems inspector who is not the ow ner or
tenant of the air-conditioning system being inspected, or an em ployee
of the owner, or of any contract or responsible for the installa tion or
maintenance of an air-conditioning system for which an inspecti on is
made;
"independent energy performance assessor" means a registered
assessor of energy performance of building, who is not the owne r or
tenant of the building being assessed, or an employee of the ow ner, or
of any contractor responsible for  the construction, finishing a nd, or
installation of mechanical or electrical services of a building  f o r
which an EPC is being requeste d or inspections of boilers, or
lighting, space heating or spa ce cooling systems are made;
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 7
"independent heating systems inspector" means a registered
heating systems inspector who is not the owner or tenant of theheating system being inspected, or an employee of the owner, or  of
any contractor responsible for t he 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 ventilat ion 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
(c) where renovation of 25% or more of any energy
consuming installations for artificial lighting, or heating orcooling of air or water or s pace ventilation is made; or
(d) where a change-of-use development permission
application and, or notification concerning buildings, issubmitted 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 syste ms;
"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 Sched ule
I. The nearly zero or very low a mount of energy required shall be
covered to a very significant extent by energy from renewablesources, including energy from renewable sources produced on-si te
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 u sed or
is unsuitable for use as a residential building or habitation, and
includes industrial buildings, pl aces of assembly, offices, sch ools and
shops;
8 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
"owner" means:
(a) a person who has the exclusive and full
ownership of the building and who is acting in his own name,o r  a s  a n  a g e n t  f o r  o r  o n  b e h a l f  o f  a n o t h e r  p e r s o n ,  w h o  i sentitled or shall be so entitled to receive the rent of thebuilding;
(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 ofacquests;
"owner of an air-conditioning system" means a person acting
in his own name, or as an agent for or on behalf of another per son,
who has the exclusive and full ow nership of the air-conditionin g
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 ha s the
exclusive and full ownershi p of the heating system;
"person" means any natural or legal person;
Cap. 552."Planning Authority" means the authority established under
article 5 of the Development Planning Act;
"primary energy" means ene rgy from renewable and non-
renewable sources and which has not undergone any conversion ortransformation process;
"prospective buyer or tenan t" 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 forthe 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 ofpurchasing a building; or
(c) enters a contract of letting and hiring, whether
verbally or written, to rent a building;
"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 Build ing and Construction Authority ;
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 9
"registered air-conditioning systems inspector" means a person
who is duly registered with the Building and Construction Autho rity
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 electricitygeneration, or a combination thereof, including those systems u sing
energy from renewable sources, o f a building or building unit;
"unincorporated body" means a body or business which is
privately owned, often owned by one person having unlimitedliability owing to the non-registra tion of the business as a co mpany
and which on the contrary of corporate bodies lacks legal perso nality;
"useful floor area" means the are a of the building relevant to
the official calculation methodology relevant to that buildingcategory.
Applicability. 3. These regulations provide for  requirements as regards:
(a) the common general framework for a
methodology for calculating the integrated energyperformance of buildings and building units;
(b) the application of minimum requirements for the
energy performance of new build ings and new building units;
(c) the application of min imum requirements for the
energy performance of:
(i) existing buildings, building units and
building elements which are subject to majorrenovation;
(ii) building elements which form part of the
building envelope and that have a significant impact onthe energy performance of the building envelope whenthey are retrofitted or replaced; and 
(iii) technical building systems whenever
they are installed, r eplaced or upgraded;
(d) national plans for increasing the number of
nearly zero-energy buildings;
(e) energy certification of buildings or building
units;
10 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
(f) regular inspection of heating and air-
conditioning systems in buildings; and
(g) independent control systems for energy
performance certificates a nd inspection reports.
Adoption of a 
methodology for 
calculating the 
energy performance of 
buildings.4. The methodology for calculating the energy
performance of buildings shall be in accordance with the commongeneral framework set out in Sc hedule I as established and
implemented through the Energy Performance Rating of Dwellings in
Malta (EPRDM) and Simplified Bu ilding Energy Model (iSBEMmt),
supplemented by the User’s Guide to iSBEMmt and the TechnicalGuide to iSBEM, as issued and updated from time to time and ascommunicated in the Gazette.
Setting of 
minimum energy 
performance 
requirements.
S.L. 623.045. (1) The Building and Construction Authority shall
take the necessary measures to establish minimum energyperformance requirements for buildings or building units, with a view
to achieving cost-optimal levels. The energy performance shall be
calculated in accordance with the methodology referred to inregulation 4. Cost-optimal levels  shall be calculated in accord ance
with the comparative methodology framework referred to inregulation 6. Building design should be compliant with the Tech nical
Document F on the EPB published by the Conservation of Fuel,Energy and Natural Resources (Minimum Requirements on theEnergy Performance of Buildings) Regulations, as may from time to
time be amended, as the Building and Construction Authority sha ll
determine.
(2) The Building and Construction Authority shall take the
necessary measures to establish minimum energy performancerequirements for building elements that form part of the buildi ng
envelope and which have a significant impact on the energyperformance of the building envelope when they are replaced orretrofitted, with a view to ach ieving cost-optimal levels.
(3) When setting requirements, the Building and
Construction Authority shall differentiate between new and exis ting
buildings and between different categories of buildings. Theserequirements shall take into account general indoor climateconditions, in order to avoid possible negative effects such as
inadequate ventilation, as well as local conditions and the des ignated
function and the age of the building. 
(4) Minimum energy performance requirements shall be
reviewed at regular intervals which shall not be longer than fi ve years
and, if necessary, shall be update d in order to reflect technic al
progress in the building sector.
(5) The following categories of buildings shall be exempted
from the requirements of sub-reg ulations (1), (2), (3) and (4):
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 11
Cap. 552.(a) buildings classified as scheduled property
(Grade 1 or 2) by the Planning Authority under article 57 ofthe Development Planning Act and buildings officiallyprotected as part of a designated environment or because oftheir special architectural or historical or contextual merit, in
so far as compliance with certain minimum energyperformance requirements would unacceptably alter theircharacter or appearance;
(b) buildings used as places of worship;(c) temporary buildings with a time of use of two
years or less, industrial sites,  workshops and non-residential
agricultural buildings with low energy demand, and non-residential agricultural buildings which are in use by a sectorcovered by a national sectoral agreement on energyperformance;
(d) stand-alone buildings with a total useful floor
area of less than 50m
2;
(e) a building constructed for the Enemalta plc, the
Water Services Corporation or any other similar entity, andused as a generation,  transmission or distribution station.
Calculation of 
cost-optimal 
levels of 
minimum energy performance 
requirements.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 performancerequirements using the comparative methodology frameworkestablished in accordance with S chedule III and relevant parame ters,
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 Technica l
Document F.
S.L. 545.16.(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 standa rds and
the results thereof. The report may be included in the Energy
Efficiency Action Plans (EEAP) r eferred to in regulation 24(2) of the
Energy Efficiency and Cogeneration Regulations.
(3) If the result of the comparison performed in accordance
with sub-regulation (2) shows that the minimum energy performan ce
requirements in force are signifi cantly less energy efficient t han cost-
optimal levels of minimum energy performance requirements, theBuilding and Construction Authority shall justify this differen ce in
writing to the Commission in the report referred to in sub-regu lation
(2). Such report shall, to the extent that the difference canno t be
justified, be accompanied by a plan outlining appropriate steps  t o
significantly reduce the differen ce by the next review of the e nergy
12 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
performance requirements as referred to in regulation 5(1), (2) , (3)
and (4).
New buildings. 7. (1) The Building and Construction Authority shall
take the necessary measures to ensure that new buildings meet t he
minimum energy performance requirements as currently set inTechnical Document F. As from 1st January 2016 all newlycompleted buildings that are subject to these regulations are t o be
certified for compliance with these regulations with regards to  t h e
applicable minimum energy performance requirements as set inTechnical Document F. The compliance certificate drawn up by th e
responsible architect/engineer h as to be submitted by the owner  to the
Building and Construction Authority within one month of complet ion
and before the use of the building.
(2) For new buildings, the designer shall ensure that before
construction starts, the technical, environmental and economicfeasibility of high-efficiency a lternative systems such as thos e 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 energyfrom renewable sources;
(d) heat pumps.
(3) The analysis of alternative systems referred to in sub-
regulation (2) shall be documented and available for verificati on
purposes and presented to the Bu ilding and Construction Authori ty
prior to construction:
(a) for small developments, the architect will be
required to make a self declaration following the considerationof the alternative systems;
(b) for major developments, an engineer’s report
will be submitted that shows the considerations taken withregard 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 coll ective
heating and cooling systems are concerned, the analysis may becarried out for all buildings conn ected to the system in the sa me area.
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 13
Existing 
buildings.
Amended by:
L.N.134 of 2020.8. (1) When buildings undergo major renovation, in
order to ensure that the renovate d part thereof is upgraded to meet the
minimum energy performance requirements in force at the time, t he
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 complianc e,
within one month of completion of works and before the use of t he
building.
(2) means technical equipment for space heating, space
cooling, ventilation, domestic hot water, built-in lighting, bu ilding
automation and control, on-site electricity generation, or acombination thereof, including those systems using energy fromrenewable 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 th e 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 mee ts the
minimum energy performance requirements, the owner has toprovide to the Building and Construction Authority a compliancecertificate by a warranted architect ( perit ) certifying such compliance
within one month of completion of works and before the use of t he
building.
Strategy to support 
renovation.
Added by:
L.N. 134 of 2020.8A. (1) The Building and Construction Authority shall
establish a long-term renovation strategy to support the renova tion of
the national stock of residential and non-residential buildings , both
public and private, into a highly energy efficient and decarbon ised
building stock by 2050, facilitating the cost-effective transfo rmation of
existing buildings into nearly zero-energy buildings. Each long -term
renovation strategy shall be submitted in accordance with theapplicable planning and reportin g obligations and shall encompa ss: 
(a) an overview of the nati onal building stock, based,
as appropriate, on statistical sampling and expected share ofrenovated buildings in 2020;
(b) the identification of cos t-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, in cluding staged deep renovation,
14 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
and to support targeted cost-effective measures and renovation
for example by introducing an optional scheme for buildingrenovation passports;
(d) an overview of policies and actions to target the
worst performing segments of th e national building stock, split -
incentive dilemmas and market failures, and an outline ofrelevant national actions that contribute to the alleviation of
energy poverty;
(e) policies and actions to ta rget all public buildings;
(f) an overview of national initiatives to promote
smart technologies and well-connected buildings andcommunities, as well as  skills and education in the constructio n
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 goalsreferred to in this regulation, the competent authorities orbodies to which the competent authorities have delegatedresponsibility, shall facilitate a ccess to appropriate mechanis ms
for:
(i) the aggregation of projects, including by
investment platforms or groups, and by consortia ofsmall and medium-sized enter prises, to enable investor
access as well as packaged so lutions for potential clients;
( i i )  t h e  r e d u c t i o n  o f  t h e  p e r c e i v e d  r i s k  o f
energy efficiency operations for investors and the privatesector;
(iii)  the use of public funding to leverage
additional private-sector investment or address specificmarket failures;
(iv)  guiding investments into an energy
efficient public building stock, in line with Eurostatguidance; and
(v)  accessible and transparent advisory tools,
such as one-stop-shops for consumers and energyadvisory services, on relevant energy efficiencyrenovations and fina ncing instruments.
(2) In its long-term renovation strategy, the Building and
Construction Authority shall set out a roadmap with measures an d
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 15
domestically established measurab le 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 high ly
energy efficient and decarbonised national building stock and i n order
to facilitate the cost-effective transformation of existing bui ldings into
nearly zero-energy buildings. The roadmap shall include indicat ive
milestones for 2030, 2040 and 2050, and specify how they contri bute
to achieving the Union’s energy efficiency targets in accordanc e with
Directive 2012/27/EU.
(3) To support the development of the long-term renovation
strategy, the Building and Cons truction Authority shall carry o ut a
public consultation on its long-term renovation strategy prior to
submitting it to the Commission. A summary of the results of th e
public consultation to the long-term renovation strategy shall be
annexed to the document intende d to be submitted the Commission :
 Provided that the modalities for consultation shall be
established in an inclusive way during the implementation of it s long-
term renovation strategy:
Provided further that the det ails of the implementation of
its most recent long-term renovation strategy shall be annexed to the
long-term renovation strategy, including on the planned policie s and
actions:
Provided further that the long-term renovation strategy to
address fire safety and risks re lated to intense seismic activi ty
affecting energy efficiency renovations and the lifetime of bui ldings
may be made use of.
Technical 
building systems.
Amended by:L.N. 134 of 2020;
L.N. 231 of 2022.9. (1) For the purpose of optimising the energy use of
technical building systems, establish system requirements in re spect
of the overall energy performance, the proper installation, and  t h e
appropriate dimensioning, adjustment and control of the technic al
building systems which are installed in buildings, the system d esigner
is required to follow Technical Document F (Part 2) as updated and
approved from time to time by the Building and ConstructionAuthority.
(2) System requirements are established for new,
replacement and upgrading of technical building systems and sha ll be
applied in so far as they are technically, economically andfunctionally feasible, in accord ance with Technical Document F (Part
2). 
(3) Repealed by Legal Notice 231 of 2022 .
(4) Where the guidance contained in any technical
document issued in connection with these regulations relates on ly to
the particular requirements of t hese regulations, any construct ion
16 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
works and the installation of any permanent mechanical or elect rical
services shall also comply with t he requirements of any other l aws
and regulations that are operative for the control of construct ion
works and installations.
(5) When new building services are installed in buildings
the owner has to provide the Building and Construction Authorit y
with a certificate, issued by a warranted engineer, declaringcompliance with the applicable minimum energy performancerequirements as set in Technical Document F (Part 2).
(6) Repealed by Legal Notice 231 of 2022 .
(7) Where technically and economically feasible, new
buildings shall be equipped with self-regulating devices for th e
separate regulation of the tempe rature in each room or, where j ustified,
in a designated heated zone of the building unit. In existing b uildings,
the installation of such self-regulating devices shall be requi red when
heat generators are replaced, where technically and economicall y
feasible.
(8) New non-residential buildings and non-residential
buildings undergoing major renovation, with more than ten parki ng
spaces, shall be installed with  at least one recharging point w ithin the
meaning of Directive 2014/94/EU of the European Parliament and of
the Council and ducting infrastructure, namely conduits for ele ctric
cables, for at least one in every five parking spaces to enable  t h e
installation at a later stage of recharging points for electric  vehicles
where:
(a) the car park is located i nside the building, and, for
major renovations, renovation m easures 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, renov ation 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 n on-
residential buildings with more than twenty parking spaces, by 1
January 2025: 
 Provided that the Minister ma y decide not to lay down or
apply the requirements describe d in sub-regulations (8) and (9)  of this
regulation to buildings owned and occupied by small and medium-sized enterprises as defined in Title I of the Annex to Commiss ion
Recommendation 2003/361/EC. 
(10) New residential buildings and residential buildings
undergoing major renovation, with more than ten parking spaces,  shall
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 17
be installed with ducting infrast ructure, namely conduits for e lectric
cables, for every parking space to enable the installation, at a later
stage, of recharging points f or electric vehicles, where:
(a) the car park is located i nside the building, and, for
major renovations, renovation meas ures include the car park or
the electric infrastructure of the building; or
(b) the car park is physically adjacent to the building,
and, for major renovations, renova tion 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 applicationshave been submitted by 10 March 2021;
(ii) the cost of the recharging and ducting
installations exceeds 7% of the total cost of the majorrenovation of the building;
(iii) a public building is already covered by
comparable requirements according to the transpositionof Directive 2014/94/EU;
(iv) the ducting infrastructure required would
rely on micro isolated systems if this would lead tosubstantial 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 regulatorybarriers, 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 m obility 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 syste m, is
assessed. The results shall be documented and passed on to thebuilding owner, so that they remain available and can be used f or the
verification of compliance with the minimum requirements laid d own
pursuant to sub-regulation (1) of this Regulation and the issue  o f
energy performance certificates. Without prejudice to Regulatio n 13,
18 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
the Building and Construction Authority shall decide whether to
require the issuing of a new e nergy performance certificate.
Nearly zero-
energy buildings.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
(b) new buildings occupied and owned by public
authorities are nearly zero-energy buildings by 31st December2018.
(2) The Building and Construction Authority, in
collaboration, co-ordination with, and the participation of, th e
Building and Construction Authority, shall draw up national pla ns for
the purpose of increasing the num ber of nearly zero-energy buil dings.
The national plans may include tar gets differentiated according  to the
category of building.
S.L. 545.16.(3) The Board shall also devel op policies and take measures
such as the setting of targets in order to stimulate the transf ormation
of buildings that are refurbished into nearly zero-energy build ings,
and shall draw up reports includi ng such measures and inform th e
Building and Construction Authority and the Commission about su ch
reports. Upon notification of the reports, the Building andConstruction Authority shall include the mentioned targets in t he
national plans as set out in regulation 24(2) of the Energy Eff iciency
and Cogeneration Regulations and inform the Commission aboutsuch targets.
(4) The national plans shall include, inter alia , the following
elements:
(a) the detailed application, in accordance with the
definition thereof, of nearly zero-energy buildings, reflectingthe national conditions, and incl uding a numerical indicator of
primary energy use expressed in kWh/m
2 p e r  y e a r .  P r i m a r y
energy factors used for the determination of the primaryenergy use may be based on national yearly average values andmay take into account relev ant European standards;
(b) intermediate targets for improving the energy
performance of new buildings, with a view to preparing theimplementation of sub-regulation (2);
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 19
S.L. 545.11.(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, includingdetails of national requirements and measures concerning theuse of energy from renewable sources in new buildings andexisting buildings undergoing major renovation in the contextof regulations 7, 8, 10, 11 and 17(5) of the Promotion ofEnergy from Renewable Sources Regulations.
Financial 
incentives and 
market barriers.Amended by:
L.N. 134 of 
20120.11. (1) In view of the importance of providing
appropriate financing and other instruments to catalyse the ene rgy
performance of buildings and the transition to nearly zero-ener gy
buildings, the Building and Construction Authority shall take a ll
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 andinstruments, 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 upda te
this list every three years and communicate these lists to the EU
Commission which may be included in the Energy Efficiency Actio n
Plans referred to in  Directive 2006/32/EC.
(3) The Building and Construction Authority shall link its
financial measures for energy efficiency improvements in therenovation of buildings to the targeted or achieved energy savi ngs, 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 equipmentor material used for the renovation is to be installed by aninstaller with the relevant leve l of certification or qualifica tion;
(b) standard values for calculation of energy savings
in buildings;
(c) the improvement achieved due to such renovation
by comparing energy performanc e 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 energyperformance:
 Provided that databases for energy performance
certificates shall allow data to be gathered on the measured or
calculated energy consumption of  the buildings covered, includi ng at
20 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
least public buildings for which an energy performance certific ate, 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 na tional data protection requirem ents
shall be made available on request for statistical and researchpurposes and to the building owner..
(4) The provisions of these regulations shall not prevent the
Building and Construction Authority from providing incentives f or
new buildings, renovations or building elements which go beyond  the
cost-optimal levels.
Energy 
performance 
certificates (EPCs).12. (1) The Building and Construction Authority shall
provide all necessary measures to establish and maintain a syst em of
registration of the EPC. The EPC shall include the EPB and refe rence
values such as minimum energy performance requirements, in orde r
to make it possible for owners or tenants of the building or bu ilding
unit to compare and assess its energy performance.
(2) The EPC may include additio nal information such as the
annual energy consumption for buildings and the percentage ofenergy from renewable s ources in the total energy consumption. 
(3) The EPC shall include recommendations for the cost-
optimal or cost-effective improvement of the EPB or building un it,
unless there is no reasonable potential for such improvement
compared to the energy performance requirements in force. Therecommendations included in the EPC shall cover:
(a) measures to be carried out in connection with a
major renovation of the building envelope or technicalbuilding system(s); and
(b) measures for individual building elements
independent of a major renovation of the building envelope ortechnical building system(s).
(4) The recommendations inc luded 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, includin g as
regards the cost-effectiveness of  t h e  r e c o m m e n d a t i o n s  m a d e  i n  t he
EPC. The evaluation of cost effe ctiveness shall be based on a s et of
standard conditions, such as the assessment of energy savings a nd
underlying energy prices and a preliminary cost forecast.
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 21
(6) In addition, the EPC shall contain information on the
steps to be taken to implement the recommendations. Otherinformation, such as energy aud its or incentives of a financial  o r
other nature and financing possibilities, may also be provided to the
owner or tenant.
(7) Certification for building units shall be based:
(a) on the assessment of an individual building unit
when it deals with residential buildings;
(b) for all other non-residential uses, delineation
shall be based on use factor or ownership.
(8) Certification for single-family houses may be based on
the assessment of another repr esentative building of similar de sign
and size with a similar and actual energy performance quality i f 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 are
constructed, sold or rente d out to a new tenant; and
(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 t he
building or building unit concer ned, 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 an d
handed over to the buyer or new te nant, at the latest, before t he date
of entering the promise of sale or rent agreement. As a derogat ion
from this same sub-regulation (3), if the new owner intends to make a
major renovation or demolish the building, the owner may reques t an
exemption to issue an EPC subject to the new owner making adeclaration to the Building and Construction Authority that at no time
will the existing building be used until such renovation or newconstruction would have taken place. A new EPC will be required  in
accordance with such re novation 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 bu yer 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 a lso be
22 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
attached to the promise of sale/deed. If alterations which chan ge the
energy performance characteristic s of the building have been ma de
during construction, a new EPC has  to be provided to the buyer or
tenant. These alterations can onl y be effected by mutual agreem ent
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 havi ng an
EPC are offered for sa le or for rent, the energy performance in dicator
of the EPC of the building or the building unit, as the case ma y be, is
stated in the advertisements in commercial media in compliance with
the Advertising Requirements Gui delines published by the Buildi ng
and Construction Authority and updated from time to time.
(6) The provisions of this regulation shall be implemented
in accordance with applicable na tional rules on joint ownership  o r
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).
Energy 
Performance Certificate (EPC) 
and Energy 
Performance Assessment 
(EPA).14. (1) An owner or his agent s hall obtain an EPC in the
form prescribed by these regula tions when a building is constru cted,
sold or rented.
(2) To be valid, the EPC shall be obtained from an
independent EPB assessor after it is registered with the Buildi ng 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 t he
design of a new building shall have in his possession an EPC ba sed
on the design rating of the building and in the form prescribed  b y
these regulations just prior to obtaining a full development pe rmit
from the Planning Authority:
(a) in relation to dwellings whose development
permit application was submitte d after 2nd January 2009; and
(b) in relation to all other buildings whose
development permit application was submitted after 1st June2009. 
(4) As from the date indicated in this sub-regulation, a
person or agent acting on behalf of the owner who offers a buil ding
for sale or letting, shall provide an EPC to the prospective bu yer or
tenant prior to the promise of s ale or at the time of signing o f the rent
a g r e e m e n t .  T h e  E P C  s h a l l  b e  i n  t h e  f o r m  p r e s c r i b e d  i n  t h e s eregulations and shall be based on the design rating of the buil ding if
the building is not yet constructed and finished, or on the ass et rating,
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 23
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 re lation to all other buildings.
(5) In the event that the person or agent indicated in sub-
regulation (4) does not provide the prospective buyer or the te nant
with an EPC within the period indicated in sub-regulation (4), the
buyer or the tenant shall have the  right to engage an assessor to issue
the necessary certificate and, in all cases, the prospective bu yer or
tenant shall have the right to de duct the expenses incurred for  t h e
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 ofthe Development Planning Act and buildings officiallyprotected as part of a designated environment or because oftheir special architectural or historical or contextual merit, in
so far as compliance with certain minimum energyperformance requirements would unacceptably alter theircharacter or appearance;
(b) buildings used as places of worship;
(c) temporary buildings with a time of use of two
years or less, industrial sites,  workshops and non-residential
agricultural buildings with low energy demand, and non-residential agricultural buildings which are in use by a sectorcovered by a national sectoral agreement on energyperformance;
(d) stand-alone buildings with a total useful floor
area of less than 50m
2;
(e) a building constructed for the Enemalta plc, the
Water Services Corporation or any other similar entity, andused 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 f irst issue,
provided that no major renovation or alteration occur in the bu ilding.
(2) The EPC shall include reference values and shall be
accompanied by a recommendation report. The recommendation
report shall indicate cost-effec tive measures for improving the  EPB.
24 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
(3) Any report or data file in connection with the production
of an EPC shall conform to natio nal data protection laws in for ce.
(4) If after the construction of the building or the
installation of mechanical and electrical services in new build ings it
results that such construction or installation of services is d ifferent
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  i n
regulation 14(4) or before the bu ilding is used. The provisions  o f
regulation 14(5) shall also apply.
Display of energy 
performance 
certificates.16. (1) Where a total useful floor area over 500m2 of a
building for which an EPC has been issued in accordance withregulation 13(1)(b) is occupied by public authorities and frequ ently
visited by the public, the EPC shall be displayed in a prominen t place
clearly visible to the public. In  s u c h  a  c a s e  t h e  t h r e s h o l d  s h a ll be
lowered to 250m
2 by 9 July, 2015.
(2) Where a total useful floor area over 250m2 of a building,
for which an EPC has been issued in accordance with regulation13(1)(b), is frequently visited by the public, the EPC shall al so 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 perio d.
Inspection of 
heating systems.Substituted by:
L.N. 134 of 2020.17. (1) The Building and Construction Authority shall
provide all the necessary measur es to establish regular inspect ions of
the accessible parts of heating systems or of systems for combi ned
space heating and ventilation, with an effective rated output o f over
70kW, such as the heat generator, control system and circulatio n
pump(s) used for heating buildings. The inspection shall includ e an
assessment of the efficiency and sizing of the heat generator c ompared
with the heating requirements of the building and, where releva nt,
consider the capabilities of the heating system or of the syste m for
combined space heating and ventilation to optimise its performa nce
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 andventilation or to the heating requirements of the building foll owing an
inspection carried out pursuant to this regulation, the Buildin g 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 arrange ment
specifying an agreed level of ene rgy efficiency improvement, su ch as
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 25
energy performance contracting, or that are operated by a utili ty or
network operator and therefore subject to performance monitorin g
measures on the system side, shall be exempt from the requireme nts
laid down in sub-regulation (1), provided that the overall impa ct of
such an approach is equivalent to that resulting from sub-regul ation
(1).
(3) As an alternative to sub-regulation (1) and provided that
the overall impact is equivalent to that resulting from sub-reg ulation
(1), the Building Regulations Office may opt to take measures t o
ensure the provision of advice to users concerning the replacem ent of
heat generators, other modifications to the heating system or t o the
system for combined space heating and ventilation and alternati ve
solutions to assess the efficiency and appropriate size of thos e systems.
Before applying these alternative measures, the Building andConstruction Authority shall, by means of submitting a report t o the
Commission, document the equivalence of the impact of thosemeasures to the impact of the mea sures referred to in sub-regul ation
(1). Such a report shall be sub mitted in accordance with the ap plicable
planning and reporting obligations.
(4) The Building and Construction Authority shall lay down
requirements to ensure that, where technically and economicallyfeasible, non-residential buildings with an effective rated out put for
heating systems or systems for c ombined space heating and venti lation
of over 290kW are equipped with building automation and controlsystems by 2025. The building automation and control systems sh all
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 o f technical building systems, a nd
informing the person responsible for the facilities or technica l
building management about opportunities for energy efficiencyimprovement; and
(c) allowing communication with connected technical
building systems and other appliances inside the building, andbeing interoperable with technical building systems acrossdifferent types of proprietary technologies, devices andmanufacturers.
(5) the Building and Construction Authority may lay down
requirements to ensure that res idential buildings are equipped with:
(a) the functionality of continuous electronic
monitoring that measures systems’ efficiency and informsbuilding owners or managers when it has fallen significantlyand when system servic ing is necessary; and
26 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
(b) effective control functionalities to ensure
optimum generation, distributio n, storage and use of energy.
(6) Buildings that comply with sub-regulation (4) or sub-
regulation (5) shall be exempt fr om the requirements laid down in
sub-regulation (1).
Inspection of air-
conditioning 
systems.
Substituted by:L.N. 134 of 2020.18. (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 forcombined air-conditioning and ventilation, with an effective ra ted
output of over 70kW. The inspecti on shall include an assessment  of the
efficiency and sizing of the air-conditioning system compared w ith the
cooling requirements of the building and, where relevant, consi der the
capabilities of the air-conditioning system or of the system fo r
combined air-conditioning and ventilation to optimise its perfo rmance
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-condi tioning
and ventilation or to the cooling requirements of the buildingfollowing an inspection carried ou t pursuant to this paragraph,  t h e
Building and Construction Authority may choose not to require t he
assessment of the sizing of the a ir-conditioning system to be r epeated:
Provided further that in the event that the Building and
Construction Authority maintains more stringent requirementspursuant to Article 1(3) of Directive 2010/31/EU these shall be  exempt
from the obligation to notify them to the Commission.
(2) Technical building systems that are explicitly covered by
an agreed energy performance criterion or a contractual arrange ment
specifying an agreed level of ene rgy efficiency improvement, su ch as
energy performance contracting, or that are operated by a utili ty or
network operator and therefore s ubject to performance monitorin g
measures on the system side, shall be exempt from the requireme nts
laid down in sub-regulation (1), provided that the overall impa ct of
such an approach is equivalent to that resulting from sub-regul ation
(1).
(3) As an alternative to sub-regulation (1) and provided that
the overall impact is equivalent to that resulting from sub-reg ulation
(1), the Building and Construction Authority may opt to take me asures
to ensure the provision of advice to users concerning the repla cement
of air-conditioning systems or systems for combined air-conditi oning
and ventilation, other modifications to the air-conditioning sy stem or
system for combined air-conditioning and ventilation and altern ative
solutions to assess the efficiency and appropriate size of thos e
systems:
Provided that before applying  these alternative measures,
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 27
the Building and Construction Au thority shall, by means of subm itting
a report to the Commission, document the equivalence of the imp act of
those measures to the impact of the measures referred to in sub -
regulation (1). Such a report shall be submitted in accordance with the
applicable planning and reporting obligations.
(4) The Building and Construction Authority shall provide
requirements to ensure that, where technically and economically
feasible, non-residential buildings with an effective rated out put for
systems for air-conditioning or systems for combined air-condit ioning
and ventilation of over 290kW are equipped with building automa tion
and control systems by 2025. The building automation and contro l
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 o f technical building systems, a nd
informing the person responsible for the facilities or technica l
building management about opportunities for energy efficiencyimprovement; and
(c) allowing communication with connected technical
building systems and other appliances inside the building, andbeing interoperable with technical building systems acrossdifferent types of proprietary technologies, devices andmanufacturers.
(5) The Building and Construction Authority may lay down
requirements to ensure that res idential buildings are equipped with:
(a) the functionality of continuous electronic
monitoring that measures systems’ efficiency and informsbuilding owners or managers when it has fallen significantlyand when system servic ing is necessary, and
(b) effective control functionalities to ensure
optimum generation, distribution,  storage and use of energy.
(6) Buildings that comply with sub-regulation (4) or sub-
regulation (5) shall be exempt from the requirements laid down in sub-
regulation (1).
(7) The owner of an air-conditioning system shall obtain an
inspection report by commissioning an independent air-condition ing
systems inspector, from the list of registered air-conditioning  system
inspectors as published and updated by the Building and Constru ction
Authority at the time of inspection.
(8) The Building and Construction Authority shall establish
28 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
the methodology for the inspection of air-conditioning systems.  The
Building and Construction Authority shall also set-up and appro ve
training courses for air-cond itioning systems inspectors.
Reports on the 
inspection of heating or air-
conditioning 
systems.Amended by:
L.N. 134 of 2020.19. (1) Inspectors of heating or air-conditioning systems
shall issue an inspection repor t after each inspection of a hea ting or
air-conditioning system. The inspection report shall contain th e result
of the inspection performed in a ccordance with regulations 17 a nd 18
and shall include recommendations for the cost-effectiveimprovement of the energy perfor mance of the ins pected system.
(2) The EPC assessor and th e registered inspectors,
respectively, shall in particular provide information to the ow ners or
tenants of buildings on energy performance certificates, includ ing
their purpose and objectives, on cost-effective measures and, w here
appropriate, financial instruments, to improve the energyperformance of the building, and on replacing fossil fuel boile rs with
more sustainable alternatives. Building and Construction Author ity
shall provide the information th rough accessible and transparen t
advisory tools such as renovati on advice and one-stop-shops.
(3) Inspectors of heating or air-conditioning systems shall
register each inspection report with the Building and Construct ion
Authority prior to handing over this inspection report to the o wner of
the heating or air-conditioning system. Inspection reports will  not be
considered valid unless th is procedure is adhered to.
Production of an 
EPC or inspection 
report.20. (1) The Building and Construction Authority may
demand, from the owner of a building in terms of these regulati ons,
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 an d, or
air-conditioning systems as requi red by these regulations, and if the
building owner or the agent of such owner, as the case may be,refuses or fails to produce withou t reasonable cause the EPC or
inspection report, such person shall be guilty of an offence, u nless
such person provides the request ed EPC or inspection report wit hin
sixty days after the request was made.
(2) Where a person produces an EPC or inspection report to
an authorised officer but refuses or fails to permit the said o fficer 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 off ence,
and the authorised officer may demand of the person or persons their
name and identification card number and official address.
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 29
Energy 
performance 
assessment (EPA) 
and certification (EPC) /Inspection 
procedure and 
inspection report for heating or air-
conditioning 
systems.21.(1) (a)   The EPA and certification shall be carried out using
procedures, including calculation methods and software approved  by
the Building and Construction Au thority, as notified in the Gaz ette.
 (b) The inspection procedure and inspection report
for heating or air-conditioning systems shall be carried out us ing
procedures, approved by the Building and Construction Authority , as
notified in the Gazette.
(2)  (a) In carrying out the EPA of a building or
installation, an assessor shall comply with any direction given  by the
Building and Construction Authority in relation to the manner i n
which the assessment i s to be carried out.
(b) In carrying out the insp ection of a heating or air-
conditioning system, an inspector shall comply with any directi on
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 t he
opinion of the inspector any part of the building or installati on is in
such a condition that it would not be safe or practicable to ca rry 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 Buil ding and
Construction Authority.
(b) Inspection reports of heating or air-conditioning
systems shall be handled in a ccordance 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 c ompiled by an EPB assessor whe re
it has reasonable grounds for belie ving that the EPC or data fi le was
not completed or issued in accordance with these regulations, a nd
shall enter such revocation in t he EPC record of that building and the
register maintained by the Build ing and Construction Authority.
(b) Where an EPC or EPC data file is revoked, the
Building and Construction Authority shall inform the EPB assess or,
giving reasons for the revocation, and shall also inform the pe rson
who commissioned the EPC, the own er or tenant of the building, as
the case may be.
(c) Where an EPC or EPC d ata file is revoked under
30 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
this sub-regulation:
( i ) a  r e q u e s t  f o r  t h e  r e i m b u r s e m e n t  o f  t h e
administrative fee or part thereof may be made by theperson who paid an administrative fee or contributed inthe administrative fee for the relevant EPB assessmentto the EPB assessor who carri ed out the assessment; and
(ii) the EPB assessor shall be obliged to
make the reimbursement in whole or in part, as the casemay be, referred to in sub-paragraph (i), within twenty-eight days of the receipt of the request, if such assessoris satisfied that the fee or a contribution to the fee waspaid by the person making the request.
(2) (a) The Building and Construction Authority may
revoke an inspection report either during the registration proc edure or
during the verification process in accordance with regulation 3 2. The
Building and Construction Authority shall inform the respectiveheating or air-conditioning system s inspector about this revoca tion.
(b) The inspection report will be reinstated only
once the requested corrections a re carried out to the satisfact ion of
the Building and Construction Authority. All expenses related t o
these corrections shall be borne by the respective heating or a ir-
conditioning systems inspector.
(c) The requested corrections shall reach the
Building and Construction Authority within fourteen days. After  this
period the inspector shall be removed from the list of register ed
inspectors until full compliance w ith this sub-regulation is ac hieved.
Alteration, 
cancellation or 
addition to an EPC and related 
advisory report / 
Alteration cancellation or 
addition to an 
inspection report for heating or air-
conditioning 
systems.23.(1) (a) After an EPC has been registered with the
Building and Construction Authority and signed by the assessor,  no
person shall, either in writing, drawing or in any other manner  alter,
cancel, or add anything to the EPC or to any related report or to a
printed copy of an EPC or to any related report or entry made t herein.
(b) No person shall produce:
(i) a printed copy of any EPC and related
advisory report for any building or installation, whichcopy has been altered or added contrary to paragraph (a),or upon which the figures ha ve 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 buildingfor which it was issued; or
(iii) an EPC and related advisory report
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 31
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 a nd
Construction Authority has reason to believe that the EPC or re port
c o n t a i n s  p a r t i c u l a r s  w h i c h  a r e  n o t  c o r r e c t  a n d ,  u p o n  b e i n g  s orequired, the owner of the building or, as the case may be, theowner’s agent, shall surrender the relevant documents to the Bu ilding
and Construction Authority.
(2) (a) After an inspection report for heating or air-
conditioning systems has been registered with the Building andConstruction Authority and signed by the respective registeredinspector, no person shall:
(i) either by writing, drawing or in any
other manner alter, cancel, or add anything to thisinspection report; or
(ii) produce and present copies of an
inspection report which was altered contrary to sub-paragraph (i).
(b) Inspection reports which are registered with the
Building and Construction Authority may be replaced by an amend ed
inspection report, by the same heating or air-conditioning syst ems
inspector, within fourteen days after initial registration. Suc h
amended inspection report shall be submitted subject to priorapproval of the Building and Construction Authority.
Records, data and 
documentation.24.(1) (a) All data, documentation and records issued by
an EPB assessor and submitted to the Building and ConstructionAuthority, in relation with the carrying out of an EPC under th ese
regulations, shall become the property of the Building andConstruction Authority, which has the power to demand from theassessor any such data, documentation or records as it consider s
appropriate.
(b) Every inspection report issued by an inspector of
heating or air-conditioning systems and submitted to the Buildi ng and
Construction Authority, in relation to an inspection of heating  or air-
conditioning systems under these r egulations, shall become the
property of the Building and Construction Authority, which has the
power to demand from the inspector of heating or air-conditioni ng
systems any additional data, docu mentation or records in relati on to
such inspection report as it considers appropriate.
32 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
(2) The lawful EPC record in relation to a building and the
lawful inspection report in relation to an inspection of a heat ing or
air-conditioning system shall be that maintained on the respect ive
registers kept by the Buildi ng and Construction Authority. 
(3) (a) The most recent EPC record entered in relation
to a building on the EPC register by the Building and Construct ion
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 o n the
inspections’ register by the Building and Construction Authorit y
shall be deemed to supersede any previous inspection reports fo r that
system.
Registration of 
EPB assessors.25. (1) Subject to the provisions of sub-regulations (3)
and (4), the Building and Construction Authority is the onlyinstitution legally empowered to register EPB assessors to asse ss the
energy performance of buildings , and as published from time to time
in the Gazette by the Buildin g and Construction Authority.
(2) In registering an EPB assessor, the Building and
Construction Authority shall designate the type of energyperformance certification and also the category of buildings inrespect of which the EPB assessor is authorised to carry EP As a nd
certifications.
(3) The Building and Construction Authority shall not
consider a person for registratio n as an EPB assessor unless: 
(a) the person makes an application for registration
to the Building and Construction Authority in the formspecified by it for such purpose;
(b) the application for registration is accompanied
by such fee as may be specified by the Building andConstruction Authority; and
(c) the person meets any other requirements
specified by the Building and Construction Authority.
(4) In considering an application for registration as an EPB
assessor, the Building and Cons truction Authority shall be sati sfied
that the applicant meets the requirements as defined in the def inition
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 ConstructionAuthority to be registered in respect of another type or catego ry of
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 33
buildings, and may be so registered, subject to compliance with  the
provisions set out in sub-regulations (3) and (4) and the payme nt of
such fee as may be specified by the Building and ConstructionAuthority.
(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 Buildi ng and
Construction Authority.
(7) The Building and Construction Authority shall provide
each EPB assessor with a certific ate of registration for the de signated
type and category of buildings to which his registration pertai ns, 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 regis tration of a person as an EPB
assessor, it shall register the s uspension or termination of th e
appointment and the date on which the registration was suspende d or
revoked.
(9) The Building and Construction Authority may, having
regard to all the circumstances of the case, suspend or termina te the
registration of an EPB assessor following:
(a) failure by the EPB asse ssor to attend a course of
periodic training if required by the Building and ConstructionAuthority or to satisfactorily complete such a training course;or
( b ) f a i l u r e  b y  a n  E P B  a s s e s s o r  t o  c o m p l y  w i t h  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, orfailure to maintain or provide satisfactory data, documentationor records of any such assessment; or
(d) the committing, or aiding or abetting the
committing, by the EPB assessor, of an offence under theseregulations; 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 efficientlyunder these regulations.
(10) A suspension or termination of registration under sub-
34 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
regulation (9) shall be notified to the person concerned in wri ting
including reasons for the suspension or termination and the Bui lding
and Construction Authority shall i n f o r m  t h e  p e r s o n  o f  t h e  a p p e a l
procedure under sub-regulation (11).
(11) A person whose registration has been suspended or
terminated under sub-regulation (10) may, within fourteen days from
the said suspension or termination, appeal to the Building andConstruction Authority or the Committee of Appeal against thedecision regarding the suspension or termination taken by theBuilding and Construction Author ity, as established under the A ct, in
terms of the provisions relating to appeal under articles 12 an d 13 of
the said Act, or the Court of  Appeal, as the  case may be.
(12) A person whose registra tion as an EPB assessor has
lapsed or been suspended or terminated may be directed by theBuilding and Construction Authority to destroy any data ordocumentation provided by building owners or their agents, and any
copies thereof, in relation to EPB assessments carried out by h im in
his capacity as an EPB assessor.  Alternatively, the Building an d
Construction Authority may withdr aw such data or documentation.
(13) A person who purports to be  a registered EPB assessor
for a designated category of build ings, or a registered inspect or for
air-conditioning or heating systems or an authorised officer un der
these regulations shall be guilty of an offence in terms of the se
regulations. 
(14)  A person who, purporting to give information to an EPB
assessor or inspector, to the Bui lding and Construction Authori ty, or
t o  a n  a u t h o r i s e d  o f f i c e r  f o r  t h e  p e r f o r m a n c e  o f  h i s  f u n c t i o n s  u nder
these regulations, makes a statement that he knows to be false or
misleading in a material particular, or fails to disclose a mat erial
particular shall be guilty of an o ffence in terms of these regu lations.
( 1 5 ) A n  E P B  a s s e s s o r  w h o  i s s u e s  a n  E P C  o r  a  r e g i s t e r e d
inspector who makes a statement or report, which he knows to befalse or misleading in a material particular, shall be guilty o f an
offence in terms of these regulations. 
Registration of 
inspectors of 
heating or air-
conditioning systems.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-conditioningsystems in accordance with these  regulations and as published f rom
time to time in the Gazette by the Building and ConstructionAuthority.
(2) In registering an inspector of heating or air-conditioning
systems, the Building and Construction Authority shall designat e the
type of system in respect of whi ch the inspector is authorised to carry
out inspections and issu e inspection reports.
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 35
(3) The Building and Construction Authority shall not
consider a person for registration as an inspector of heating o r air-
conditioning systems unless:
(a) the person makes an application for registration
to the Building and Construction Authority in the form andduring the period specifie d by it for such purpose;
(b) the application for registration is accompanied
by such fee as may be specified by the Building andConstruction Authority;
(c) the person has the ne cessary qualifications to
apply for and successfully compl ete a training course provided
by the Building and Construction Authority, or a trainingprovider recognised by the Building and ConstructionAuthority as suitable for providing such training, on theinspection of heating or air-conditioning systems installed inMalta;
(d) the person meets any other requirements
specified by the Building a nd Construction Authority.
(4) An inspector of heating or air-conditioning systems may
be required to renew his registration at such reasonable freque ncy
subject to the payment of such r egistration 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 cert ificate
of registration for the designated type of system to which hisregistration pertains. This certif icate of registration shall a lso include
a unique registration number of the inspector, date of registra tion 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 termina te the
registration of an inspector of heating or air-conditioning sys tems
following:
(a) failure by such inspector to comply with a
direction under this regula tion and regulation 22(2); or
(b) failure by such inspector to attend a course of
periodic training if required by the Building and ConstructionAuthority 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 o r
provide satisfactory data, documentation or records of any
36 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
such inspection; or
(d) the committing, or aiding or abetting the
committing, by such inspector, of an offence under theseregulations; or
(e) the forming of an opinion by the Building and
Construction Authority that such inspector has ceased to becapable of performing his functions properly and efficientlyunder these regulations.
(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 theseregulations; or
(b) makes a statement that he knows to be false or
misleading in a material particular or fails to disclose amaterial particular, when giving information to an inspector ofheating or air-conditioning systems, to the Building andConstruction Authority or to an authorised officer for theperformance of his functions under these regulations; or
(c) issues an inspection report for heating or air-
conditioning systems which he knows to be false or misleadingin a material particular.
Directions issued 
by the Building and Construction 
Authority.27. (1) The Building and Construction Authority shall,
from time to time, issue directions  to EPB assessors or inspect ors of
heating or air-conditioning system s, present or prospective, in
relation to:
( a ) t h e  m a n n e r  i n  w h i c h  t h e  E P B  a s s e s s m e n t s  o r
inspection procedures of heating or air-conditioning systemsare 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 
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 37
(g) such other matters as are reasonably necessary
for the proper administrati on of these regulations.
(2) EPB assessors and inspectors of heating or air-
conditioning systems shall comply with any relevant direction g iven
under sub-regulation (1).
Registration and 
other administrative fees.28. The Building and Construction Authority may specify
fees as are reasonably necessary for the registration procedure s and
other administrative matters in relation to its obligations in these
regulations. The Building and Construction Authority shall be t he
sole user of the revenue collected from these fees and such rev enue
shall be used to defray costs incurred by it to properly establ ish,
operate, maintain and promote the various obligations of the Bu ilding
and Construction Authority.
Registers held by 
the Building and 
Construction Authority.29. (1) The Building and Construction Authority shall
establish, operate and maintain:
( a ) a  r e g i s t e r  o f  E P B  a s s e s s o r s ,  a n  E P C  r e g i s t e r
comprising EPCs and related advisory reports, EPC data filesand related data o r documents; and
(b) a register for inspectors of heating or air-
conditioning systems, a register of inspection reports forheating or air-conditioning systems; and
(c) any other register that the Building and
Construction Authority consid ers relevant and necessary.
(2) Any register established under sub-regulation (1) may
be held in non-legible form provided it is capable of beingreproduced in legible form.
(3) Each register established under sub-regulation (1) shall
be a public record and shall be kept under the management of th e
Building and Construction Authority.
(4) In relation to the registers established under sub-
regulation (1), the following access rights shall apply:
(a) extracts from the register of the EPB assessors
and the register of inspectors of heating or air-conditioningsystems, comprising the name, contact details and thedesignated type, shall be mad e available to the public; 
Cap. 586.(b) subject to compliance with the provisions of the
Data Protection Act, the Building and Construction Authoritymay allow publication or access, on a restricted or an openbasis, to any extract from any register maintained by theBuilding and Construction Authority under these regulationswhere the Building and Construction Authority is satisfied that
38 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
such publication or access is in the public interest;
(c) other than as provided for in paragraphs (a) and
(b), a data file or other extract from a register relating to a n
EPC for a particular building or an inspection report for aparticular heating or air-conditioning system, shall only bemade 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 ownerto undertake any subsequent EPB assessment of therelevant 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 Authoritycontaining only information stated in that certificate to be ta ken from
a register maintained by the Building and Construction Authorit y
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 ce rtificate
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 office r of the
Building and Construction Authority or a copy of such signatureapplied by means of a stamp or produced by a computer, shall bedeemed to have been signed by an authorised officer, unless the re is
proof to the contrary.
Independent 
experts.31. (1) The Building and Construction Authority shall
ensure that the energy performance certification of buildings a nd the
inspection of heating and air-conditioning systems be carried o ut in
an independent manner by a qualified duly registered EPB orregistered inspector of heating or air-conditioning systems.
(2) The Building and Construction Authority shall make
available to the public informa tion on training and accreditati ons. It
shall ensure that regularly upda ted lists of qualified and, or accredited
experts are made ava ilable to the public.
Independent 
control system.32. (1) The Building and Construction Authority shall
ensure that independent control s ystems for EPCs and reports on  the
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 39
inspection of heating or air-conditioning systems are establish ed in
accordance with Schedule II. The Building and Construction
Authority may establish separate systems for the control of EPC s and
for the control of reports on the inspection of heating and air -
conditioning systems.
(2) The Building and Construction Authority may delegate
the responsibilities for implementing the independent control
systems. Where the Building and Construction Authority decides to
do so, it shall ensure that the independent control systems areimplemented in compliance with Schedule II.
(3) The Building and Construction Authority shall ensure
that the EPCs and the inspection reports referred to in sub-reg ulation
(1) are made available to the competent authorities or bodies o n
request.
Information.
Amended by:L.N. 134 of 2020.33. (1) Owners or tenants of buildings or building units
shall be informed of the differe nt methods and practices that s erve to
enhance energy performance as stipulated in these regulations.
(2) The EPC assessor and the registered inspectors,
respectively, shall in particular provide information to the ow ners or
tenants of buildings on energy performance certificates, includ ing
their purpose and objectives, on cost-effective measures and, w here
appropriate, financial instruments, to improve the energyperformance of the building, and on replacing fossil fuel boile rs with
more sustainable alternatives. Building and Construction Author ity
shall provide the information through accessible and transparen t
advisory tools such as renovati on advice and one-stop-shops.
(3) The Building and Construction Authority shall ensure
that guidance and training are ma de available for those respons ible
for implementing these regulati ons. Such guidance and training shall
address the importance of improving energy performance, and sha ll
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. 
Consultation. 34. In order to facilitate the effective implementation of
these regulations, the Building and Construction Authority shal l
consult the stakeholders involved, including local authorities,  i n
accordance with the relevant app licable national legislation. S uch
consultation is of particular importance for the application ofregulations 10 and 33. 
Enforcement of 
regulations.35. Any person who contravenes any of the requirements of
these regulations shall be guilty of an offence in terms of the se
regulations.
40 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
Appointment of 
authorised 
officers.36. (1) The Building and Construction Authority may
appoint persons to be authorised o fficers for the purpose of en forcing
these regulations.
(2) An authorised officer shall be in possession of a warrant
of appointment and shall, upon request, produce the warrant of
appointment.
Powers of 
authorised officers.37. (1) An officer authorised by the Building and
Construction Authority may enter, inspect and examine a buildin g or
any part of a building or installation for the purpose of ensur ing
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 authorisedofficer under these regulations;
(c) obstructs, impedes, inte rferes with or assaults an
authorised officer in the exercise of a power under theseregulations;
(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 orrecord, including a printed copy thereof, and includingelectronic data, which the person concerned has been
requested or required to produce , or may reasonably expect to
be required to produce, 
shall be guilty of an offence i n 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 Magistrat es
(Malta) or the Court of Magistrates (Gozo), both as a Court ofCriminal Judicature, and shall be in accordance with the provis ions 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 ot her
officer or member of a body, wheth er corporate or unincorporate , and
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 41
in so doing contravenes any provi sion of these regulations, suc h
person shall be guilty of an offen ce, and shall, on conviction,  b e
liable to the penalties in ter ms 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 befo re 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 i n
relation to any offence committed against these regulations.
Administrative 
penalties.
Cap. 12.39. 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 theseregulations or who fails to comply with any directive or decisi on
given by the Building and Construction Authority in ensuringcompliance with these regulations shall be due to the Building and
Construction Authority as a civil debt constituting an executiv e title
for the purpose of Title VII of Part I of Book Second of the Co de of
Organization and Civil Procedure as if the payment of the debt had
been ordered by a judgement delivered by the Civil Court.
Offences and 
penalties.40. 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 othercorresponding clauses pertaining to heating and air-conditioning systems;
(b) a fine ( multa ) of not less than one thousand and
five hundred euro (€1,500) and  not exceeding five thousand
euro (€5,000) if contravening regulations 20, 21(1), (2) and(4), 22, 23, 25(12), (13) and (14), 26(7) and othercorresponding clauses pertaining to heating and air-conditioning systems;
(c) a fine ( multa ) of not less than one thousand and
five hundred euro (€1,500) and  not exceeding five thousand
euro (€5,000), or to a term of imprisonment not exceedingthree months, or to both such fine and imprisonment, ifcontravening regulation 37(3).
Language. 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.
(2) Any EPC or report issued in accordance with these
regulations shall be issued sole ly in the English language.
42 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
Substituted by:
L.N. 231 of 2022.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 sp ace heating, space cooling, do mestic
hot water, ventilation, lighting and other technical building s ystems.
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 applie d
for the determination of the energy performance of a building s hall be
transparent and open to innovation.
The competent authority shall describe its national calculation
methodology following the national annexes of the overarchingstandards, namely ISO 52000-1, 52003-1, 52010-1, 52016-1, and52018-1, developed under mandate M/480 given to the EuropeanCommittee for Standardisation (CEN). This provision shall notconstitute a legal codification of those standards.
2. The energy needs for space heating, space cooling,
domestic hot water, ventilation, lighting and other technical b uilding
systems shall be calculated in order to optimise health, indoor  a i r
quality and comfort levels defined by the competent authority a t
national or regional level.
The calculation of primary energy shall be based on primary
energy factors or weighting factors per energy carrier, which m ay 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  t h e
calculation of energy performance, the competent authority shal l
ensure that the optimal energy performance of the building enve lope is
pursued.
In the calculation of the primary  energy factors for the purpos e
of calculating the energy performance of buildings, the compete nt
authority may take into account renewable energy sources suppli ed
through the energy carrier and renewable energy sources that ar e
generated and used on-site, provided that it applies on a non-discriminatory basis.
3. For the purpose of expressing the energy performance of
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 43
a building, the competent authority may define additional numer ic
indicators of total, non-renewable and renewable primary energy  use,
and of greenhouse gas emis sion 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
building including its internal partitions:
(i) thermal capacity;(ii) insulation;
(iii) passive heating;
(iv) cooling elements; and(v) thermal bridges;
(b) heating installation and hot water supply,
including their insulation characteristics;
(c) air-conditioning installations;(d) natural and mechanical ventilation which may
include air-tightness;
(e) built-in lighting installation (mainly in the non-
residential sector);
(f) the design, positioning and orientation of the
building, including outdoor climate;
(g) passive solar systems and solar protection; 
(h) indoor climatic conditions, including the designed
indoor climate; 
(i) internal loads.
5. The positive influence of the following aspects shall be
taken into account:
(a) local solar exposure conditions, active solar
systems and other heating and electricity systems based onenergy from renewable sources;
(b) electricity produced by cogeneration;(c) district or block heating and cooling systems;
(d) natural lighting.
44 [S.L.623.01 ENERGY PERFORMANCE OF BUILDINGS
6. For the purpose of the calculation, buildings should be
adequately classified into  the following categories:
(a) single-family houses of different types;(b) apartment blocks;
(c) offices;
(d) educational buildings;(e) hospitals;
(f) hotels and restaurants;
(g) sports facilities;(h) wholesale and retail tr ade services buildings;
(i)other types of energy-consuming buildings.
Substituted by:
L.N. 231 of 2022.Schedule II
(Regulation 32)
Independent control systems for energy performance certificates  
and inspection reports
1. The competent authority or bodies to which the
competent authority has delegated the responsibility for implem enting
the independent control system shall make a random selection of  all
the energy performance certificates issued annually and subject  them
to verification. The sample shall be of a sufficient size to en sure
statistically significa nt compliance results.
The verification shall be based on the options indicated below
or on equivalent measures:
(a) validity check of the input data of the building
used to issue the energy performance certificate and the result s
stated in the certificate;
(b) check of the input data and verification of the
results of the energy performance certificate, including therecommendations made;
(c) full check of the input data of the building used to
issue the energy performance certificate, full verification of the
results stated in the certificate, including the recommendation s
made, and on-site visit of the building, if possible, to checkcorrespondence between specifications given in the energy
ENERGY PERFORMANCE OF BUILDINGS [S.L.623.01 45
performance certificate a nd the building certified.
2. The competent authority or bodies to which the
competent authority has delegated the responsibility for implem enting
the independent control systems shall make a random selection o f at
least a statistically significant percentage of all the inspect ion reports
issued annually and s ubject those reports to verification.
3. Where information is added to a database it shall be
possible for national authorities to identify the originator of  t h e
addition, for monitoring and verification purposes.".
Schedule III
(Regulation 6)
Comparative methodology framework to identify cost-optimal leve ls 
o f  e n e r g y  p e r f o r m a n c e  r e q u i r e m e n t s  f o r  b u i l d i n g s                                                                   
and building elements
The comparative methodology framework shall enable
Member States to determine the e nergy performance of buildings and
building elements and the economic aspects of measures relating  to
the energy performance, and to link them with a view to identif ying
the cost-optimal level.
The comparative methodology framework shall be
accompanied by guidelines outlining how to apply this framework  in
the calculation of cost-optimal p erformance levels. The compara tive
methodology framework shall allow for taking into account usepatterns, outdoor climate conditions, investment costs, buildin g
category, maintenance and operating costs (including energy cos ts
and savings), earnings from energy produced, where applicable, and
disposal costs, where applicable . It should be based on relevan t
European standards relati ng to these regulations.
By calculating the costs of the energy efficiency measures
during the expected economic life-cycle, the cost-effectiveness  o f
different levels of minimum energy performance requirements isassessed by the Member States. T his will allow the determinatio n of
cost-optimal levels of energy performance requirements.