The Legal Guide to Construction in Malta
Building, extending or knocking through in Malta brings in a permit, a perit, a licensed contractor and a set of site rules. Here is who does what, what falls on you as the client, and the rules your neighbours can hold you to.
Updated 2 November 2026 · 7 min read
The people and bodies involved
Most building projects in Malta involve the same cast. Knowing their roles helps you ask the right person the right question, and stops you paying a contractor for something that is really your perit's call.
| Role | What they do for you | The law behind it |
|---|---|---|
| You, the client | Commission the works, appoint the site manager and answer for the site | Construction Management Site Regulations (S.L. 623.08) |
| Perit | Designs, applies for permits, prepares method statements and checks the structure | Periti Act (Cap. 622) |
| Licensed contractor | Carries out demolition, excavation and piling, or construction | Construction Industry Licensing Regulations (L.N. 166 of 2023) |
| Site manager | Makes sure the site follows the site rules on your behalf | S.L. 623.08 |
| Planning Authority (through its Planning Board) | Decides applications for development permission | Development Planning Act (Cap. 552) |
| Building and Construction Authority (BCA) | Licenses contractors and enforces the site rules | L.N. 166 of 2023 and S.L. 623.08 |
Planning permission comes first
Before a contractor quotes on anything structural, find out whether the work needs a permit. Your perit can tell you, and the law gives you a way to ask officially.
Under the Development Planning Act (Cap. 552), no development may be carried out without development permission. Development includes building and engineering operations for construction, demolition or alterations, and material changes of use. Maintenance that affects only the interior of a building, or does not materially affect its external appearance, is excluded, but demolition and rebuilding never count as maintenance.
SourceAnyone can apply to the Planning Board for a determination of whether a proposal needs development permission, and the Board must tell them whether a permission or another form of notification is required.
SourceYour perit and your contractor
In Malta the professional who designs your project and answers for the structure is the perit. The title is protected, so check it before you rely on anyone's drawings.
The Periti Act (Cap. 622) says no person may practise as a perit without a warrant from the Warranting Board. The Board keeps a public register of warrant holders, and each one has a unique registration number used on their formal documents. References to "architect" in Maltese law mean "Perit".
SourceUnder the Construction Industry Licensing Regulations (L.N. 166 of 2023), demolition, excavation and piling, and construction may only be carried out by a person or entity holding a BCA licence for that activity. The BCA keeps the licence details in a register, and publishes the names of contractors whose licence has been suspended or revoked.
SourceA licence covers named activities. A contractor licensed for construction is not automatically licensed for excavation. If your project digs a basement or a lift pit, ask to see the licence for that activity too.
What falls on you as the client
Many homeowners assume the contractor carries all the legal weight. The site rules put real duties on the person who commissions the works.
Under the Construction Management Site Regulations (S.L. 623.08), the client must appoint a site manager and, before works start, give the BCA the site manager's name, ID document number and a signed declaration of acceptance. If no one is nominated, the client is treated as the site manager. The site manager may be the client, the project supervisor, a perit or another competent person.
SourceThe same regulations make the client repair any street or public property within ten metres of the site that is damaged by the works, using similar materials. Damage further away must also be made good if it is a direct result of the works.
SourcePut these points in your contract. Agree in writing who acts as site manager, who files the details with the BCA, and who pays to repair the pavement if the skip lorry cracks it.
Neighbours and third party property
Malta builds wall to wall, so most projects touch someone else's property. A separate set of rules protects the people next door, above and below.
The Avoidance of Damage to Third Party Property Regulations (S.L. 623.06) apply to excavation that affects third party property, demolition next to or under someone else's property, and new storeys or buildings next to existing third party property. At the time of writing (November 2026), the perit in charge must submit a method statement and a condition report no later than two weeks before excavation, demolition or construction starts.
SourceNeighbours covered by the rules receive a copy of the condition report of their property by registered letter. If they disagree with it, they must notify the Director responsible for the BCA within two weeks, or they are taken to agree with it.
Source
Construction working hours in Malta (BCA site hours)
| Work | Allowed | Not allowed |
|---|---|---|
| Works that can be heard outside the site | Monday to Saturday, 7am to 8pm | Before 7am, after 8pm, Sundays and public holidays |
| Excavator with a hydraulic hammer, pneumatic drill | 7.30am to 4pm, not on Sundays or public holidays | Before 7.30am, after 4pm |
| Demolition and excavation in tourism zones | 1 October to 14 June | 15 June to 30 September |
| Emergency works | Any time, if the BCA is told in its first business hour | No other exemption without BCA approval |
At the time of writing (November 2026), the Construction Management Site Regulations (S.L. 623.08) say works that can be heard from outside the site may not start before 7am and must stop by 8pm. Excavators with a hydraulic hammer and pneumatic drills may only be used between 7.30am and 4pm, and not at all on Sundays and public holidays. No construction works may be carried out on Sundays and public holidays.
SourceBetween 15 June and 30 September, demolition and excavation are not allowed in tourism zones. Emergency works may happen at other times if the BCA is told within its first business hour, and any other exemption needs BCA approval. The BCA can serve an enforcement notice and impose penalties for breaches.
SourcePlan around these limits. A summer start on a demolition in a tourism zone can push your programme back by months, so ask your perit early whether your street is affected.
The usual order of things
Once the shell is up, the work moves to gypsum and plastering contractors and electricians. For small repairs that need no permit, see how to find a reliable handyman.
Questions people ask
What time can construction start in Malta?
Under the Construction Management Site Regulations, works that can be heard outside the site may not start before 7am and must stop by 8pm. Hydraulic hammers on excavators and pneumatic drills are limited to 7.30am to 4pm. No construction works are allowed on Sundays or public holidays. Emergencies and exemptions approved by the BCA are the exceptions.
What are the BCA working hours for construction sites?
The hours come from the Construction Management Site Regulations, which the Building and Construction Authority enforces. At the time of writing, noisy works may run from 7am to 8pm, and hydraulic hammers and pneumatic drills only from 7.30am to 4pm. There are no construction works on Sundays and public holidays. Works outside these hours need BCA approval, except emergencies, which must be reported to the BCA in its first business hour.
Can builders work on a Sunday in Malta?
No. The Construction Management Site Regulations say no construction works may be carried out on Sundays and public holidays. The only exceptions are emergency works, which must be reported to the Building and Construction Authority in its first business hour, and works the BCA approves in advance. If a site next to you works on a Sunday without a reason, you can report it to the BCA.
Who regulates construction in Malta?
Several bodies share the job. The Planning Authority, through its Planning Board, decides applications for development permission. The Building and Construction Authority (BCA) licenses contractors for demolition, excavation and piling, and construction, and enforces the site rules. Periti hold a warrant under the Periti Act, and their register is kept by the Warranting Board.
Do I need a permit to renovate my house in Malta?
It depends on the work. The Development Planning Act excludes maintenance that only affects the interior or does not materially change the outside of the building. Demolition and rebuilding, new storeys and changes of use are development and need permission. If you are unsure, ask your perit, or apply to the Planning Board for a determination.
How do I check a construction contractor in Malta?
Ask for their BCA licence certificate and check it names the activity you need. The BCA keeps a register of licences. Ask which perit and site manager will be involved, and visit a recent project if you can. Tminta does not vet contractors, so do these checks yourself before you sign or pay a deposit.