Malta Commercial Required Disclosures

While commercial leases are less regulated than residential ones, certain disclosures are mandatory for the safety and legality of the business operation.

Energy Performance Certificate (EPC)

Just like residential properties, commercial units in Malta must have a valid EPC for the property to be legally rented. For commercial buildings, the EPC assessment is more complex, focusing on HVAC systems, lighting, and insulation.

Planning Use Class (PA)

The landlord must disclose the current Planning Authority (PA) Use Class of the property. If a property is zoned for retail (Category 4B) and the tenant wants to open a restaurant (Category 4D), a change of use permit is required. Operating without the correct class can lead to heavy fines for both parties.

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).

Liability for Non-Disclosure

Failure to provide the essential mandatory disclosures, including a valid Energy Performance Certificate (EPC) or correct Planning Authority (PA) Use Class, can render the commercial lease voidable under the Civil Code (Cap. 16). In such cases, the tenant may seek damages or early termination of the contract if they are prevented from legally operating their business. Furthermore, the Building and Construction Authority (BCA) may impose administrative penalties directly on the landlord for non-compliance prior to lease commencement.

How Landager Helps

Landager tracks your Planning Authority permits and EPC expiry dates, ensuring your commercial portfolio remains compliant with building and usage laws.