Launch of a public consultation on the proposed Regulations for Licensing of Contractors working in demolition, excavation and construction

The Ministry for Public Works and Planning through the Building and Construction Authority has launched a public consultation process on a draft Legal Notice that will offer a framework for Contractor Licensing. The purpose of this reform is to ensure better regulation for the construction sector, better quality and more enforcement. Until today, the only licence in this sector was the mason’s licence, introduced in the 19th century.

It is being proposed that all operators in the fields of demolition, excavation and construction will start applying for the licence that will be issued by the Building and Construction Authority from 1st June 2023. For a contractor to be able to work in these three areas, an application must have been submitted by the 31 October 2023. Those who fail to apply by the 31 October 2023, shall from 1 November 2023 onwards be unable to operate. To operate, a contractor must apply and the committee set up for the licensing of contractors shall issue a provisional clearance. Those who apply after 1 June 2024, to start operating in these three sectors, must be in possession of a licence to operate. From 1 January 2025 all contractors must have a licence to be able to work in these areas.

While the application process is still ongoing, the Authority will have the right to suspend and eventually refuse an application or provisional clearance with the consequence that the contractor will not be able to continue working, and shall have to resubmit a fresh application for a licence.

The contractor will be obliged among others, to work according to the directives of the architect, in compliance with the method statement and any regulation or directive issued by the Building and Construction Authority. A contractor can only work in that field for which a licence has been issued and can have more than one licence as long the necessary criteria are satisfied.

Both individuals, and companies, engaged in the three construction industry sectors must apply for a licence. Applications may be submitted by individuals or registered companies from any European member state. Applications can also be submitted by entities coming from third countries. Applicants must be over eighteen (18) years old.

Those who want to participate in this public consultation should access https://bca.org.mt/licensing-of-contractors/– where a draft of the Legal Notice is available. You can send your opinion by email to: consultation.construction@gov.mt