Malta Commercial Required Disclosures
Mandatory disclosures and certifications for commercial landlords in Malta.
Legal Disclaimer
This content is for general informational and educational purposes only. It does not constitute legal advice and should not be relied upon as such. Laws change frequently — always verify current regulations and consult a licensed attorney in your jurisdiction for advice specific to your situation. Landager is a property management platform, not a law firm.Information last verified: May 2026.
While commercial leases are primarily governed by the principle of freedom of contract, certain disclosures are mandatory under the Civil Code (Cap. 16, effective 1 January 2010 for modern lease amendments) and specific building regulations.
Energy Performance Certificate (EPC)
Under the Energy Performance of Buildings Regulations (S.L. 623.01), commercial units in Malta must have a valid EPC for the property to be legally rented. The certificate must be shown to prospective tenants and handed over upon signing the lease. For commercial buildings, the EPC assessment is more complex, focusing on HVAC systems, lighting, and insulation. It is valid for 10 years. Failure to provide a valid EPC is an offense subject to administrative or criminal fines ranging from €500 to €5,000.
Planning Use Class (PA)
The landlord must disclose the current Planning Authority (PA) Use Class as defined by the Development Planning (Use Classes) Order (S.L. 552.15). Commercial uses fall under Category D, which includes Class 4A (Offices), Class 4B (Retail), Class 4C (Food and Drink - no cooking), and Class 4D (Food and Drink - cooking allowed). If a property is zoned for retail (Class 4B) and the tenant wants to open a restaurant (Class 4D), a change of use permit is required. Operating without the correct class can lead to enforcement notices and heavy fines.
Site Plans and Boundaries
Clear site plans must be provided to ensure the tenant knows exactly what is included (e.g., parking spaces, outdoor areas, or basement storage). This is crucial for defining the "demised premises" under the Civil Code.
Liability for Non-Disclosure
Under Art. 1531A of the Civil Code (Cap. 16), all commercial leases entered into after 1 January 2010 must be in writing and specify the property, the agreed use, the duration, and the rent. While failure to provide an EPC results in administrative fines, the lack of a correct PA Use Class permit can lead to the dissolution of the contract. Under Art. 1539, the landlord warrants the property against faults or defects that prevent its intended use. If the property is unfit for the agreed use due to incorrect zoning or missing permits, the tenant may demand the dissolution of the lease and damages under Art. 1541. Disputes are typically adjudicated by the Rent Regulation Board, which has exclusive jurisdiction over commercial lease contracts.
How Landager Helps
Landager tracks your Planning Authority permits and EPC expiry dates, ensuring your commercial portfolio remains compliant with building and usage laws.
Frequently Asked Questions
▶What are the key landlord-tenant laws in Malta?
The rental landscape in Malta was fundamentally reformed by the Private Residential Leases Act (Cap. 604), which came into force on January 1, 2020. This legislation introduced mandatory registration, minimum lease durations, and standardized termination procedures to ensure stability for both landlords and tenants. This guide covers the essential compliance requirements for property owners and landlords.
Read the complete guide
▶What is the legal eviction process for landlords in Malta?
The eviction process in Malta requires landlords to follow formal legal procedures. Valid grounds typically include non-payment of rent, lease violations, or the landlord's personal use of the property. Landlords must provide proper written notice, allow any required cure periods, and may need to obtain a court or tribunal order. Self-help evictions are generally prohibited.
Read the complete guide▶What are the rent increase limits and caps in Malta?
Malta has specific rules governing when and how landlords can increase rent. These rules may include caps on the percentage of increase, minimum notice periods, and restrictions on frequency. Landlords must comply with all applicable regulations when raising rent on existing tenancies.
Read the complete guide▶What are the security deposit rules and return deadlines in Malta?
Malta has rules governing how much landlords can charge as a security deposit, how deposits must be held or protected, and the timeline for returning deposits after a tenancy ends. Landlords must provide itemized statements of any deductions and comply with all statutory deadlines to avoid penalties.
Read the complete guide▶What are the mandatory lease requirements in Malta?
Lease agreements in Malta must comply with applicable national and local laws. Required elements typically include the names of both parties, property description, rent amount and payment terms, deposit details, lease duration, and maintenance responsibility allocation. Written leases may be required for certain tenancy types or durations.
Read the complete guide▶What are the landlord maintenance and repair obligations in Malta?
Landlords in Malta are generally required to maintain rental properties in a habitable condition, keeping the structure, plumbing, electrical systems, and essential services in proper working order. The specific allocation of maintenance responsibilities between landlord and tenant should be clearly documented in the lease agreement.
Read the complete guide▶What are the late fee and penalty rules for rental properties in Malta?
Malta has specific rules regarding late fees and penalties for overdue rent. These may include mandatory grace periods, caps on late fee amounts, and restrictions on interest charges. Late fee provisions should be clearly stated in the lease agreement and must comply with local regulations to be enforceable.
Read the complete guide▶What property disclosures are landlords required to make in Malta?
Landlords in Malta must disclose relevant information about the property to prospective tenants before the lease is signed. Required disclosures typically include known material defects, environmental hazards, previous damage history, and any conditions that could affect the tenant's use and enjoyment of the property.
Read the complete guide📬 Get notified when these laws change
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