  BUILDING (PRICE CONTROL) _g CAP. 288.        1
CHAPTER 288
BUILDING (PRICE CONTROL) ACT
To make provision for the control of prices in the construction of
buildings and for the constitution of the Building Price Control Tribunal.
25th July, 1980
ACT XXVI of 1980, as amended by Acts: XIII of 1983, VI of 1985, VIII of
1990, XXIV of 1995 and VI of 2001.
Short title.
Interpretation.  
Substituted by: 
VI. 1985.2.
2. In this Act, unless the context otherwise requires -
"building" includes any stone, brick or concrete structure and
any structure made of any other material, or of a combination of
any of the aforesaid materials, whatever the purpose for which such
structure is intended;
"Minister" means the Minister responsible for works, and, to the
extent of any functions delegated, includes any public officer
acting under the authority of the Minister;
"price" means the price established under the provisions of
article 3 and includes any remuneration or other consideration and
any obligation so established for or in respect of any work, service
or material therein mentioned;
"registered" means registered under article 6; 
"Secretary" means the Secretary of the Tribunal;
"Tribunal" means the Tribunal established by article 9.
Power to make 
regulations.
3. The Minister may make regulations establishing the price
which may be charged for any work performed or any materials
employed in the construction, servicing, decoration or finishing of
buildings or otherwise in relation thereto and, without prejudice to
the generality of the foregoing, may -
( a ) establish such price according to the quality of the
work and materials used;
( b ) establish the price for the work and materials jointly or
separately;
( c ) establish the price for any work or service ancillary to
any of the foregoing works.
Effects of price 
order.
4. (1) Where a price established by the Minister under this
Act in respect of any work or material is operative, it shall not be
lawful for any person to charge or receive, in respect of any such
work or materials done or supplied while the price aforesaid is
operative, a price which is in excess of the said price.
(2) Where the price charged or received for any work done or
materials supplied in relation to a building is a price covering work
or materials in respect of which a price established by the Minister
under this Act is operative and work or materials in respect of
  2      CAP. 288. _h                BUILDING (PRICE CONTROL)
which no such price is operative, the difference between the price
charged or received and the market price of the work and materials
in respect of which no established price is operative as aforesaid
shall, for all purposes of this Act, be deemed to be the price
charged or received for the works or materials in respect of which
an established price is operative as aforesaid under this Act.
Offences and 
penalties.  
Amended by: 
XIII. 1983.5.
5. A person who contravenes any of the provisions of article 4
shall be guilty of an offence and shall, for each offence, be liable - 
( a ) on a first conviction, to a fine ( multa ) of not less than
one hundred liri or the amount charged in excess of the
price established by the Minister, whichever is the
greater;
( b ) on a second or subsequent conviction, to a fine ( multa )
of not less than two hundred liri or twice the amount
charged in excess of the price established by the
Minister, whichever is the greater, and the court shall
in addition order the cancellation of the registration of
the offender under article 6, and may further order that
the offender shall be disqualified from being registered
for such period as it may specify in the sentence.
Registration of 
persons engaged in 
the building 
industry. 
Amended by: 
VI. 1985.3.
6. (1) It shall not be lawful for any person to undertake any
work or to supply any materials in respect of which a price is
established by or under this Act, unless he is registered under this
Act as a person authorised to perform that work or supply those
materials.
(2) Any person desiring to be registered under this Act shall be
so registered by the Minister, on an application made in the
appropriate form and containing - 
( a ) the name and surname, age, address, occupation, skill,
trade, and the business or profession of the applicant; 
( b ) the name of his banker;
( c ) the nature of the work or of the materials in respect of
which the registration is applied for; and
( d ) such other particulars or information as may be
requested in the application form.
(3) Without prejudice to the provisions of article 5( b ) and of
article 7( b ), the Minister shall cause the applicant’s name to be
entered in the register kept for the purpose and shall cause the
person so registered to be issued with a registration card showing
the name and address of the person registered and the work that
may be performed or the materials that may be supplied by him.
(4) The registration of a person under this article shall be
cancelled:
( a ) by order of the court under article 5 or 7; or 
( b ) if the Minister is satisfied that the person registered is
no longer performing the work or supplying the
materials for which he was registered.
  BUILDING (PRICE CONTROL) _g CAP. 288.        3
(5) It shall not be lawful for any person to undertake any work
or to supply any material in respect of which a price may be
established by the Minister under this Act, whether such price has
or has not been established, unless he has, before undertaking such
work or supplying such materials, delivered to the person
commissioning the work or acquiring the material, a detailed
statement in writing, or an invoice, specifying the price of each
item of which the work is made up or to which the sale refers.
Offences and 
penalties.  
Amended by: 
XIII. 1983.5; 
VI. 1985.4.
7. A person who contravenes any of the provisions of
subarticle (1) or of article 6(5) shall be guilty of an offence and
shall, for each offence, be liable - 
( a ) on a first conviction, to a fine ( multa ) of not less than
twenty liri;
( b ) on a second or subsequent conviction, to a fine ( multa )
of not less than fifty liri and the court shall in addition
order the cancellation of the registration of the
offender under article 6 and may further order that the
offender shall be disqualified from being registered for
such period, not exceeding two years, as may be
specified in the sentence.
Action for 
claiming back 
excess barred by 
lapse of two years. 
Substituted by: 
VI.1985.5.
8. (1) Where any person has paid any price in excess of the
price established under the provisions, such person or any other
person having a lawful interest shall be entitled to have such excess
refunded to him.
(2) The action for claiming back such excess shall be barred by
the lapse of two years from the day of the last payment.
Building Price 
Control Tribunal.  
Substituted by: 
VI. 1985.5.
9. (1) There shall be a tribunal to be known as the Building
Price Control Tribunal, which shall have jurisdiction to determine
claims or other disputes with respect to any matter concerning the
price payable or any refund due, in accordance with the provisions
of this Act.
Cap. 12.
(2) For the purposes of exercising its functions under this
article, the Tribunal shall, as the case may require, have all such
powers as are by the Code of Organization and Civil Procedure
vested in the Civil Court, First Hall.
Constitution of the 
Tribunal. 
Amended by: 
VI. 1985.6;
XXIV.1995.362;
VI. 2001.16.
10. (1) The Tribunal shall consist of -
( a ) a chairman who shall be a retired judge or a retired
magistrate or a person who has practiced as an
advocate in Malta for a period or periods amounting,
in the aggregate, to not less than seven years;
( b ) two members appointed, one from among persons
holding the warrant of Architect and Civil Engineer
and the other from among contractors in the building
trade.
(2) The chairman and the other members of the Tribunal shall
be appointed by the President of Malta acting in accordance with
the advice of the Prime Minister:
  4      CAP. 288. _h                BUILDING (PRICE CONTROL)
Provided that the President of Malta may at any time so
appoint more than one chairman and more than two other members
of the Tribunal, but only one chairman and only two of such
members shall sit on the Tribunal in respect of any one case.
(3) The chairman and members shall not enter upon the duties
of their office before they take and subscribe an oath before the
Attorney General to exercise their functions under this Act with
impartiality and in accordance with the law.
(4) The chairman and members of the Tribunal shall hold office
for a period of two years and may not be removed from office
except for the grounds and in the manner that a judge or magistrate
may be removed from office, nor shall their remuneration be
altered to their disadvantage during their tenure of office.
The office of the other members of the Tribunal shall become
vacant - 
( a ) at the expiration of five years from the date of the
appointment or at such earlier time as may be specified
in the instrument by which he was appointed; or
( b ) if he is removed from office in the same manner and
on the same grounds as a magistrate may be removed
from office.
Cap. 12. (5) The provisions of article 735 of the Code of Organization
and Civil Procedure regarding the abstention and challenge of
judges shall apply to the abstention and challenge of the chairman
and members of the Tribunal. Any question regarding any cause of
abstention or challenge shall be decided by the chairman of the
Tribunal.
(6) The Minister responsible for justice shall designate a public
officer to be Secretary of the Tribunal, and may also detail other
public officers to assist the Secretary in the performance of his
duties. The Secretary of the Tribunal shall have  mutatis mutandis
such powers and duties as are by the Code of Organization and
Civil Procedure vested in the Registrar of Courts.
Proceedings. 
Amended by: 
XIII. 1983.5. 
Substituted by: 
VI. 1985.7.
11. (1) Proceedings before the Tribunal shall be instituted by
application.
The application shall contain - 
( a ) a clear and correct statement of the subject matter and
the cause of the claim,
( b ) the claim or claims, and all other contents required by
law in respect of written pleadings.
(2) The Tribunal may, at any time, allow any amendment to be
made in the application for the purpose of making it clearer.
Cap. 12.
(3) The application shall be served on the opposite party in
accordance with the provisions of the Code of Organization and
Civil Procedure, and such party shall file his reply in writing within
six working days from the day on which the service is effected.
  BUILDING (PRICE CONTROL) _g CAP. 288.        5
Cap. 12.
(4) When the time for filing the reply expires, the Tribunal
shall set a date for the hearing of the case and the Secretary shall
cause a list of the cases which are to be tried at a particular sitting
of the Tribunal to be posted at the entrance of the Tribunal room,
and shall also cause the parties to be served, in accordance with the
provisions of the Code of Organization and Civil Procedure, with a
notice of the day appointed for hearing at least two working days
before the day so fixed; article 194(2) and (3) of the Code of
Organization and Civil Procedure shall apply to such list.
(5) If the party files an answer whereby he accedes to the
request contained in the application, the Tribunal may allow the
application  in camera .
(6) If during the hearing the Tribunal finds that the application
is vexatious, the Tribunal may order the offending party to pay to
the other party a penalty not exceeding twenty liri.
(7) Saving the provisions of subarticle (5), the decisions of the
Tribunal shall be taken by a majority of votes, and shall be
delivered by the Chairman in open court, whether in the presence or
in the absence of the other members of the Tribunal:
Provided that any point of law shall be decided by the
chairman alone.
(8) The costs of the proceedings shall be borne by the parties or
any of the parties as the Tribunal may direct.
Cap. 12.
(9) The Tribunal shall be vested with the powers to enforce its
own decisions in the manner prescribed in the Code of
Organization and Civil Procedure.
(10) Any warrant or order issued by the Tribunal shall be signed
by the chairman and certified by the Secretary of the Tribunal.
(11) The Registry of the Superior Courts in Malta or the
Registry of the Courts of Magistrates in Gozo, as the case may be,
shall be the Registry of the Tribunal and the records of the Tribunal
shall be deposited therein.
Sittings.  
Substituted by: 
VI. 1985.7.
12. (1) The Tribunal shall hold its sittings, as the chairman
may determine, on such days and at such time as the Court of
Magistrates holds its sittings.
(2) The sittings of the Tribunal shall be held in the buildings
where the ordinary courts normally hold their sittings unless the
Minister responsible for justice has, by notice in the Gazette,
otherwise directed.
Appeals. 
Substituted by: 
VI.1985.7.
Amended by:
VI. 2001.16.
13. (1) No appeal shall lie from a decision of the Tribunal
except on a point of law determined by the Tribunal.
(2) The appeal shall be brought before the Court of Appeal
(Inferior Jurisdiction) by means of an application within six
working days from the day on which the decision of the Tribunal is
delivered.
Cap. 12.
Organization and Civil Procedure may make rules, not inconsistent
  6      CAP. 288. _h                BUILDING (PRICE CONTROL)
with this Act, governing appeals to the Court of Appeal (Inferior
Jurisdiction) under this Act.
Fees. 
Amended by: 
VI. 1985.8;
VI. 2001. 16. 
Cap. 12.
14. The fees payable in the Registry of the Tribunal or of the
Court of Appeal (Inferior Jurisdiction) and to the legal practitioners
shall be those prescribed for proceedings before the Civil Court,
First Hall, in the Tariffs to the Code of Organization and Civil
Procedure.
Remuneration to 
members.
15. There shall be paid to the members of the Tribunal, other
than a chairman, such remuneration as the Minister responsible for
justice may, with the approval of the Minister responsible for
finance, determine.
Jurisdiction and 
limitation of 
prosecution. 
Substituted by: 
VI. 1985.9. 
Amended by: 
VIII. 1990.3. 
Cap. 9.
16. (1) Any offence against this Act shall be triable by the
Court of Magistrates in accordance with the provisions of the
Criminal Code; any judgment of such court may be appealed
against as provided in article 413 of the Criminal Code.
(2) Whenever the chairman of the Tribunal sees reason to
believe that an offence against this Act has been committed by a
party to proceedings before the Tribunal, he shall thereupon cause
the suspected offence to be reported to the Commissioner of Police.
(3) Proceedings in respect of an offence against this Act may
be commenced at any time within two years from the day on which
the offence was committed.
Power to make 
regulations and 
orders by Minister 
of justice.
17. (1) The Minister responsible for justice may make
regulations prescribing or relating to the procedure to be followed
by the Tribunal, and any other matter that may be expedient for the
better carrying into effect of this Act.
(2) The Minister responsible for justice may also, with the
concurrence of the Minister responsible for finance, make
regulations prescribing the fees payable in respect of any of the
registrations referred to in article 6.
