Legal Update | New Tourism Accommodation Regulations (S.L. 409.24): A Guide for Short-Let Property Owners in Malta Real Estate & Construction

Legal Update | New Tourism Accommodation Regulations (S.L. 409.24): A Guide for Short-Let Property Owners in Malta

The local market for short-let rented accommodation has grown rapidly over the past decade, with non-collective accommodation, including short-let apartments, houses and villas, increasing its share of inbound tourist accommodation. However, whilst this growth has brought about economic opportunity, it has also raised concerns around community impact, housing affordability, waste management, noise, enforcement and the quality of the visitor experience. The legal regime governing tourism accommodation did not fully address the specific challenges arising from the rapid growth of short-let platforms and was fragmented across multiple instruments, namely the Malta Travel and Tourism Services Act (Cap. 409), the Tourism Accommodation…
Judgement on the Right to Enforce a Promise of Sale Agreement Litigation & Dispute ResolutionReal Estate & Construction

Judgement on the Right to Enforce a Promise of Sale Agreement

In a judgement delivered on the 5th December 2025 having application number 1187/2023(HM), the Civil Court, First Hall affirmed that for a contracting party to enforce a  promise of sale agreement and invoke the right of action as contemplated under the Civil Code, Chapter 16 of the Laws of Malta, that party must be in a position to appear on the final deed of sale. The right of action for the enforcement of a promise of sale agreement features in Article 1357(2) of the Civil Code, which  provides that, “The effect of such promise shall cease on the lapse of…
Construction Workers
New Construction Site Regulations Now in Force in Malta Employment and Industrial RelationsReal Estate & Construction

New Construction Site Regulations Now in Force in Malta

On the 7th of September 2025, the Health and Safety at Work (Minimum Health and Safety Requirements for Work at Constructions Sites) Regulations, 2025 (S.L. 646.27) (the “Regulations”) came into force. These Regulations have repealed the Workplace (Minimum Health and Safety Requirements for  Work  at  Construction  Sites)  Regulations (S.L. 646.25). In view of the inherent risks and dangers which can be met by persons present on-site, especially by workers, these Regulations include measures which aim to strengthen the health and safety model laid down by Council Directive 92/57/EEC (the “Construction Safety Directive”) to prevent accidents on construction sites and ensure…
Health and Safety at Work
Updates on the Implementation of the Health and Safety at Work Act and Related Regulations Employment and Industrial RelationsReal Estate & Construction

Updates on the Implementation of the Health and Safety at Work Act and Related Regulations

Commencement of the Health and Safety at Work Act, 2024 and Repeal of the Previous Act and Regulations On the 26th November 2024, the Minister responsible for health and safety at work (the ‘Minister’) issued a commencement notice for the Health and Safety at Work Act, 2024 (the ‘Act’). Through this notice, the provisions of the Act were brought into force, thereby repealing the Occupational Health and Safety Authority Act (Cap. 424). On the same date, the Minister also repealed the Occupational Health and Safety Appeals Board (Procedure) Regulations (S.L.424.12) and the Occupational Health and Safety (Payment of Penalties) Regulations…
Jeanine Mallia Schembri
10th December 2024
Typical Maltese townhouses
Legal Notice Introduces Possibility of Amending or Revoking Conditions in Contracts of Sale and Emphyteusis Real Estate & Construction

Legal Notice Introduces Possibility of Amending or Revoking Conditions in Contracts of Sale and Emphyteusis

On the 23rd August, 2024 a new set of regulations (the “Regulations”) were promulgated under Legal Notice 196 of 2024 enabling requests for the amendment or revocation of conditions imposed in the original deed of sale or emphyteusis concerning property transferred by the Government of Malta (the “Government”), the Lands Authority (the “Authority”), or any ecclesiastical entity which subsequently transferred the title to the Government. Such Regulations shall apply to both new applications as well as to those already pending before the Authority at the time of their entry into force. Application to the Lands Authority These Regulations allow any…
Mamo TCV Advocates: Understanding the Health and Safety at Work
Understanding the Health and Safety at Work Act: Key Concepts and Recent Changes Employment and Industrial RelationsReal Estate & Construction

Understanding the Health and Safety at Work Act: Key Concepts and Recent Changes

On the 9th of August 2024, the Health and Safety at Work Act, Act XXXIII of 2024 (Chapter 646 of the Laws of Malta) (hereinafter referred to as the ”Act”) was published by Parliament. Upon coming into force, the Act shall repeal the Occupational Health and Safety Authority (“OHSA” or “Authority”) Act (Chapter 424 of the Laws of Malta) and its subsidiary legislation. The Act implements principles found in the Framework Directive (89/391/EEC) for health and safety at work, which principles are applicable across the European Union. Objectives and the Scope of the Act The primary objective of the Act…
Jeanine Mallia Schembri
23rd August 2024