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L.N. 231 of 2022
BUILDING AND CONSTRUCTION AUTHORITY ACT
(CAP. 623)
Energy Performance of Buildings (Amendment) Regulations, 2022
IN EXCERCISE of the powers conferred by article 17(2) of the
Building and Construction Authority Act, the Minister responsib le for
the Construction Industry, after consultation with the Building and
Construction Authority Board, has made the following regulation s:-
Citation and 
scope. 
S.L. 623.01. 1. (1) The title of these regulations is the Energy
Performance of Buildings (Amendment) Regulations, 2022 and thes e
regulations shall be read and construed as one with the Energy
Performance of Buildings Regulations, hereinafter referred to a s "the
principal regulations".
(2) The scope of these regulations is to further transpose
Directive 2018/844/EU of the European Parliament  and of the Cou ncil
of 30 May 2018 amending Directive 2010/31/EU on the energyperformance of buildings and Directive 2012/27/EU on energyefficiency.
Amends 
regulation 2 of 
the principal 
regulations. 2. Sub-regulation (2) of regulation 2 of the principal
regulations shall be amended as follows:
(a) the definition "the Act" thereof shall be substituted by
the following new definition:
(b) immediately after the def inition "cogeneration" there
shall be added the following new definition:
" "competent authority" means the Building and
Construction Authority established under article 5 of the
Act, and includes any body or other person acting on its
behalf under powers delegated by the Authority under theAct;"; and
(c) immediately after the definition "Member State" there
shall be added the following new definition:
" "micro isolated system" means any system withCap. 623. " "Act" means the Building and Construction
Authority Act;";
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consumption less than 500 GWh where there is no
connection with other systems;".
Amends 
regulation 9 of the principal 
regulations. 3. Regulation 9 of the principal regulations shall be amended
as follows:
(a) sub-regulation (3) thereof shall be deleted;
(b) in sub-regulation (5) thereof, the words "When new
building services, in accordance with sub-regulation (3), are
installed in buildings", shall b e substituted by the words "When
new building services are installed in buildings";
(c) sub-regulation (6) thereof shall be deleted; and
(d) the proviso to sub-regulation (10) thereof, shall be
amended as follows:
(i) in sub-paragraph (iii) thereof, the words "the
transposition of Directiv e 2014/94/EU." shall be
substituted by the words "the transposition of Directive
2014/94/EU;"; and
(ii) immediately after sub-pa ragraph (iii) thereof, as
amended, there shall be added the following new sub-paragraph:
"(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 thelocal grid.".
Substitutes 
Schedule I to 
the principal 
regulations. 4. Schedule I to the principal regulations shall be substituted
by the following new Schedule:
"Schedule I
(Regulation 4)
Common general framework for the calculation of 
energy performance of buildings
1. The energy performance of a building shall be determined
on the basis of calculated or actual energy use and shall reflect typical
energy use for space heating, space cooling, domestic hot water ,
ventilation, lighting and other technical building systems.
The energy performance of a building shall be expressed by aB 1703
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 de scribe its national calculation
methodology following the national annexes of the overarching
standards, namely ISO 52000-1, 52003-1, 52010-1, 52016-1, and
52018-1, developed under mandate M/480 given to the European
Committee for Standardisation (C EN). This provision shall not
constitute a legal codification of those standards.
2. The energy needs for space heating, space cooling,
domestic hot water, ventilation, lighting and other technical building
systems shall be calculated in order to optimise health, indoor airquality 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 the
calculation of energy performance, the competent authority shal l
ensure that the optimal energy pe rformance of the building enve lope is
pursued.
In the calculation of the prima ry energy factors for the purpos e of
calculating the energy performance of buildings, the competentauthority may take into account renewable energy sources suppliedthrough 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 a
building, the competent authority may define additional numericindicators of total, non-renewable and renewable primary energy  use,
and of greenhouse gas emission produced in kgCO
2eq/(m2.y).
4. The methodology shall be laid down taking into
consideration at least the following aspects:
(a) the following actual the rmal characteristics of the
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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 de scribe its national calculation
methodology following the national annexes of the overarching
standards, namely ISO 52000-1, 52003-1, 52010-1, 52016-1, and
52018-1, developed under mandate M/480 given to the European
Committee for Standardisation (C EN). This provision shall not
constitute a legal codification of those standards.
2. The energy needs for space heating, space cooling,
domestic hot water, ventilation, lighting and other technical building
systems shall be calculated in order to optimise health, indoor airquality 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 the
calculation of energy performance, the competent authority shal l
ensure that the optimal energy pe rformance of the building enve lope is
pursued.
In the calculation of the prima ry energy factors for the purpos e of
calculating the energy performance of buildings, the competentauthority may take into account renewable energy sources suppliedthrough 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 a
building, the competent authority may define additional numericindicators of total, non-renewable and renewable primary energy  use,
and of greenhouse gas emission produced in kgCO
2eq/(m2.y).
4. The methodology shall be laid down taking into
consideration at least the following aspects:
(a) the following actual the rmal characteristics of the
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building including its internal partitions:
(i) thermal capacity;
(ii) insulation;(iii) passive heating;
(iv) cooling elements; and
(v) thermal bridges;
(b) heating installation and hot water supply, including
their insulation characteristics;
(c) air-conditioning installations;
(d) natural and mechanical ventilation which may
include air-tightness;
(e) built-in lighting installation (mainly in the non-
residential sector);
(f) the design, positioning and orientation of the
building, including outdoor climate;
(g) passive solar systems and solar protection; 
(h) indoor climatic conditions, including the designed
indoor climate; 
(i) internal loads.
5. The positive influence of the following aspects shall be
taken into account:
(a) local solar exposure conditions, active solar systems
and other heating and electricity systems based on energy from
renewable sources;
(b) electricity produced by cogeneration;
(c) district or block heating and cooling systems;(d) natural lighting.
6. For the purpose of the calculation, buildings should be
adequately classified into the following categories:
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(a) single-family houses of different types;
(b) apartment blocks;
(c) offices;(d) educational buildings;
(e) hospitals;
(f) hotels and restaurants;
(g) sports facilities;
(h) wholesale and retail trade services buildings;(i) other types of energy-consuming buildings.".
Substitutes 
Schedule II to 
the principal regulations. 5. Schedule II to the principal regulations shall be substituted
by the following new Schedule:
"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 resp onsibility for implementing the
independent control system shall make a random selection of all the
energy performance certificate s issued annually and subject the m to
verification. The sample shall be of a sufficient size to ensur e
statistically significant 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 results stated  in
the certificate;
(b) check of the input data and verification of the results
of the energy performance certificate, including the
recommendations 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 check
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Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta FSC — Printed at the Government Printing Press on FSC certified paper
Prezz /Price
€0.54B 1706
correspondence between specifications given in the energy
performance certificate and the building certified.
2. The competent authority or bodies to which the competent
authority has delegated the responsibility for implementing theindependent control systems shall make a random selection of at least
a statistically significant percentage of all the inspection reports issuedannually and subject those reports to verification.
3. Where information is added to a database it shall be
possible for national authorities to identify the originator of the
addition, for monitoring and verification purposes.".
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