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Building and Construction Regulator White Paper


From: Ministry for Transport, Infrastructure and Capital Projects
​Published on: ​19 September 2018
Running till: 15 October 2018
​Last Updated: 16 October 2018
We are analysing your feedback.

Please visit this page again to download the outcome report with reference to this Public Consultation.

Original  Consultation

1.        Background

The present administration is intent on setting up a
Building and Construction Regulator which shall serve as regulator for the construction industry. The Authority shall take over the statutory responsibilities currently entrusted with the various scattered entities responsible for regulation at post permit stage. In parallel, it is further aimed to revisit the current building laws and regulations with a view to eliminate outdated sections, address conflicting provisions and update current legislation in line with current technical and legal exigencies.

This public consultation is therefore aimed to entice the feedback of all stakeholders involved at this very important juncture.

2.        Consultation Questions

    1. What are your views with regard to statutory structures currently involved in regulating the construction sector? That is to say:
      • The Building Regulations Office (BRO);
      • The Building Regulations Board (BRB);
      • The Planning Authority (PA);
      • Transport Malta (TM);
      • The Local Councils;
      • The Environment and Resources Authority (ERA); 
      • The Commission for the Rights of Persons with Disability (CRPD);
      • The Civil Protection Department;
      • The Superintendence of Cultural Heritage;
      • The Building Industry Consultative Council (BICC);
      • The University of Malta;
      • The Malta College for Arts, Science and Technology (MCAST),
      • The Masons Board;
      • Lands Authority;
      • Other Entities.

    2. Could you identify any specific shortcomings with the following legislative instruments insofar as construction related operations are concerned? If so, elaborate on the specific provision of the law and provide suggestions if applicable:
      • LN293/2016 (General Provisions for Health and Safety at Work Places Regulations);
      • Article 1638 of the Civil Code, Article 225 of the Criminal Code;
      • The Periti Act;
      • The Engineering Profession Act;
      • The Development and Planning Act, 2016;
      • SL499.57 (New Roads and Road Works Regulations);
      • Chapter 10 - Part V of Inhabited Areas, Houses and Other Tenements;
      • S.L. 10.11 – Construction of Houses and Drains;
      • S.L552.09 – Environmental Management Site Regulations;
      • LN72 of 2013 - Avoidance of Damage to Third Party Property Regulations, 2013;
      • LN96 of 1968 - Building (Safety) Regulations.

3.        Documents

 White Paper 20092018.pdfWhite Paper.pdf
4.        Submission of input
Submissions were sent in through the following channels:
By filling the online form.
By email:​
Submissions were received by 15 October 2018. ​
We thank you for your input.

Please be informed that submissions will be published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.
Received contributions, together with the identity of the contributor, will be published on the Internet, unless the contributor objects to the publication of his/her personal data on the grounds that such publication would harm his/her legitimate interests. In this case the contribution may be published in anonymous form. Otherwise the contribution will not be published nor will, in principle, its content be taken into account.  Any objections concerning the publication of personal data should be sent to the service responsible for the consultation on the following email address:

Data Protection Statement the General Data Protection Regulation and the Data Protection Act (Chapter 586)

The General Data Protection Regulation and the Data Protection Act Chapter 586 regulate the processing of personal data whether held electronically or in manual form. The Ministry for European Affairs and Equality collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Data Protection Legislation.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the General Data Protection Regulation and the Data Protection Act (Cap 586).​

In addition, please be aware of:
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.


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