GUEST HOUSES AND HOLIDAY FURNISHED PREMISES [ CAP. 240.        1
CHAPTER 240 
GUEST HOUSES AND HOLIDAY FURNISHED 
PREMISES ACT
Amended by:
XIV. 1978.2. 
To provide for the licensing and regulation of Guest Houses and other
premises for use by guests or by foreigners, and for matters connected
therewith or incidental thereto.
25th March, 1975;
2nd November, 1976
ACT XIV of 1974, as amended by Acts XIV of 1978, VI of 1980, XIV of
1982, XIII of 1983 and III of 1986.
ARRANGEMENT OF ACT
Articles
Short title  1 
Part I Interpretation  2 
Part II Registration and licensing  3-13 
Part III Miscellaneous  14-17 
  2      CAP. 240. ]       GUEST HOUSES AND HOLIDAY FURNISHED PREMISES
Short title. 1. The short title of this Act is the Guest Houses and Holiday
Furnished Premises Act.
PART I
INTERPRETATION
Interpretation 
Amended by: 
XIV.1978.3; 
XIV. 1982.2; 
III. 1986.2.
  2. In this Act, unless the context otherwise requires -
 "accommodation" means the provision of suitable furniture,
furnishings and equipment for the purpose thereof, and such other
items as the Minister may by regulations prescribe;
"appeal" means an appeal under article 11; 
Cap. 197.
"Board" means the Hotels and Catering Establishments Board,
constituted under article 3 of the Hotels and Catering
Establishments Act;
Cap. 168.
"company" means any partnership, company or other association
constituted under the Commercial Partnerships Ordinance * ; 
"guest" means a person who stays at a guest house or in a holiday
premises in which sleeping accommodation is placed at his
disposal, and includes any person who is provided with sleeping
accommodation in a house, unless such person is a relative or a
friend of the person regularly residing in the premises in which
such relative or friend is provided with sleeping accommodation
and such accommodation is provided free;
"guest house" means any building containing not less than five
bedrooms, in which sleeping accommodation is provided for the
public by a common management, and providing bed and breakfast
and any other ancillary services, but does not include any hotel,
hostel or lodging house;
"guest house keeper" means any person to whom a licence to
keep or manage a guest house is issued in accordance with the
provisions of article 5;
Cap. 217.
"holiday maker" means any person, not being a person normally
residing in Malta, who stays in Malta for consecutive periods not
exceeding three calendar months, or for such longer periods as may
be authorised under the provisions of the Immigration Act;
"holiday premises" means any building, not being the residence
of the landlord or the tenant, as the case may be, and containing any
number of bedrooms and other rooms or indoor space, which are
furnished, and in which sleeping accommodation is provided for
holiday makers, and includes any number of buildings which are
grouped together, sohowever that furniture, furnishings and any
other commodities for accommodation are provided in such
building or buildings, but does not include bed and breakfast or any
other guest house or hotel service;
"holiday premises keeper" means any person to whom a licence
is issued to keep or manage a holiday premises in accordance with
*Repealed by Act XXV of 1995 (Chapter 386).
GUEST HOUSES AND HOLIDAY FURNISHED PREMISES [ CAP. 240.        3
the provisions of article 5;
"hostel" shall have the same meaning assigned to it by the Hotels
and Catering Establishments Act;
"hotel" shall have the same meaning assigned to it under the
Hotels and Catering Establishments Act;
"house" means any premises used or intended to be used,
whether wholly or in part, for habitation, but does not include a
hotel, a hostel, guest house or holiday premises;
"licence" means a licence granted or transferred in accordance
with the provisions of this Act;
"licensed house" means a house in respect of which a licence has
been issued in terms of article 12;
"licensed house owner" means the person at whose request a
licence has been issued in terms of article 12; 
"lodging house" means any premises affording bed
accommodation to the public, but does not include a hotel or a
guest house or a hostel or a holiday premises as defined in this Act
or a convent, monastery, boarding school, college or any house or
premises, exclusively used for the accommodation or boarding of
persons in a charitable institution or any other similar body or
institution;
"Malta" has the same meaning as is assigned to it by article 124
of the Constitution of Malta;
"Minister" means the Minister responsible for tourism; 
"person" includes an association or body of persons, whether
corporate or unincorporate;
"prescribed" means prescribed by regulations made under this
Act.
PART II 
REGISTRATION AND LICENSING
Information for 
purposes of 
registration. 
Amended by: 
XIV. 1982.3.
3. (1) The Board shall have the power by notice to be
published in the Government Gazette to require guest house and
holiday premises keepers and licensed house owners to furnish,
within such time as is stated in the notice, which in any case shall
not be less than fifteen days from the publication of such notice, on
a form issued to that effect by the Board, such details and
information as the Board may require for the purpose of
registration of guest houses, holiday premises and houses falling
under the provisions of this Act.
(2) The Board may, moreover, require guest house and holiday
premises keepers and licensed house owners to furnish within a
stated period such additional information as the Board may deem
  4      CAP. 240. ]       GUEST HOUSES AND HOLIDAY FURNISHED PREMISES
necessary in order to complete information obtained under the last
preceding subsection.
(3) Any member of the Board or any other person authorised in
writing to that effect by the Chairman or the Secretary of the Board
acting on the authority of the Chairman, shall have at any
reasonable time access to, and may inspect any part of, any guest
house, holiday premises or house, for the purposes of this Act.
(4) For the purposes of subarticle (3), "house" means a licensed
house, a house in respect of which an application for the grant of a
licence has been made, or a house in respect of which there are
reasonable grounds to believe that the provisions of this Act are
being contravened.
Offences and 
punishments. 
Amended by: 
XIII. 1983.5.
4. Any person who fails to comply with a request made by the
Board under article 3(1) or (2) or any person who denies or in any
way obstructs the right of access or of inspection under subarticle
(3) of the said article shall be guilty of an offence against the
provisions of this Act, and shall, on conviction, be liable to a fine
( multa ) of not less than five liri and not more than fifty liri and, in
the case of a continuing offence, to a fine ( multa ) not exceeding
five liri for each day during which the offence continues.
Licence. 
Substituted by: 
XIV. 1978.4. 
Amended by: 
VI. 1980.2; 
XIII. 1983.5;
III. 1986.3.
5. (1) No person shall keep or manage a guest house or a
holiday premises unless he shall have previously obtained and is in
possession of a valid licence from the Board specifying, by
reference to the name of description of the premises where it is
established and operated, the guest house or holiday premises in
respect of which the licence is granted.
(2) Every such licence shall be in the prescribed form and its
validity shall expire on the thirty-first day of December next
following the date of issue, and may be renewed from year to year
or for such further period or periods as may be specified in the
licence:
Provided that the Board may, whenever it deems fit, at any
time cancel any licence granted under this section and any such
licence shall thereupon cease to be valid and the licensee shall have
no claim whatsoever for any damages or other compensation.
(3) No licence shall be granted or renewed under this section
unless it is shown to the Board that the contribution payable to the
National Tourism Organization in respect of the premises to which
the licence refers has been paid.
Cap. 310.
(4) For the purposes of this section "National Tourism
Organization" means the organization set up under that name by the
National Tourism Organization Act.
(5) Any person who keeps or manages a guest house or a
holiday premises without a licence or not in accordance with the
licence shall be guilty of an offence against this Act and shall, on
conviction, be liable to a fine ( multa ) of one thousand liri.
GUEST HOUSES AND HOLIDAY FURNISHED PREMISES [ CAP. 240.        5
Conditions under 
which licences are 
to be granted. 
Amended by: 
XIV. 1978.5; 
XIV. 1982.4.
6. (1) No licence shall be granted by the Board under this Act
unless the person applying therefor satisfies the Board that - 
( a ) he is of good character and is a fit and proper person to
keep or manage a guest house, holiday premises or a
licensed house, as the case may be, and
( b ) the premises in respect of which an application is
made is structurally and hygienically adapted for use
as a guest house, holiday premises or a licensed house,
as the case may be.
(2) The guest house, holiday premises or house shall not be
licensed under a name or description which in the opinion of the
Board is undesirable, unsuitable or misleading.
Transfer of licence. 
Amended by: 
XIV.1982.5.
7. A licence to keep or manage a guest house, holiday
premises or a licensed house may, with the consent in writing of the
Board previously obtained, be transferred to the name of any
person who in the opinion of the Board fulfils the requirements of
article 6(1)( a ).
Cancellation of 
licence.
8. (1) Where it appears to the Board, after such inquiry as it
may deem fit, that a guest house or a holiday premises is being kept
in an unclean or insanitary condition or is being conducted in an
unsatisfactory manner, the Board may, by order in writing, require
the guest house or holiday premises keeper, as the case may be, to
remedy the defect within such period, not being less than one
month, as may be specified in the order.
(2) Where an appeal has been made against the order of the
Board, such order shall have no effect if it is revoked by the
Minister. If the order is confirmed or varied by the Minister, the
period to remedy the defect in accordance with the Board’s order or
the Minister’s decision, as the case may be, shall expire on such
date as the Minister shall specify.
(3) If the guest house or holiday premises keeper, as the case
may be, fails to remedy the defect as ordered by the Board or as
decided by the Minister within the specified period, the Board may
cancel the licence in respect of the guest house or holiday premises
in regard to which the Board’s order was made.
(4) Where a person to whom a licence has been granted or
transferred in accordance with the provisions of this Act is
convicted of an offence which, in the opinion of the Board, is of
such nature as to render the person so convicted no longer a fit and
proper person to hold such licence, the Board may cancel the
licence issued to that person.
(5) The cancellation of a licence under subarticle (3) or (4)
shall take effect on the expiration of ten days from the date on
which the notice of such cancellation has been communicated to the
guest house keeper or holiday premises keeper, as the case may be:
Provided that where an appeal has been made against such
cancellation, it shall not take effect unless the Minister confirms it.
In the event of the Minister confirming the cancellation, it shall
take effect on the expiration of ten days from the date on which the
  6      CAP. 240. ]       GUEST HOUSES AND HOLIDAY FURNISHED PREMISES
Minister’s confirmation has been communicated to the appellant.
Granting of licence 
to person named by 
company or by 
another person. 
Amended by: 
XIV. 1982.6.
9. (1) No company shall operate a guest house or a holiday
premises unless such guest house or holiday premises is managed
by a guest house or a holiday premises keeper, as the case may be.
(2) Where a guest house or a holiday premises or a licensed
house is operated by a company, or by a person who does not intend
to apply for the granting of a licence in his own name, the Board
shall, subject to the provisions of article 5, grant a licence in
respect of such guest house or holiday premises or licensed house
as the case may be, to the person named by the company or by such
other person.
(3) Notwithstanding the provisions of article 5(2), the Board
may cancel a licence granted under the preceding subsection when
the Board is informed by notice in writing by the company or
person who made the nomination for the purpose of that licence
that such nomination has been withdrawn, or by the person to
whom the licence was granted that he does no longer intend to act
as guest house or holiday premises keeper, as the case may be, of
the guest house or holiday premises in respect of which the licence
was granted.
(4) Any notice given for the purpose of the preceding
subsection shall not affect, between the interested parties, any
claim for damages or any other claim ensuing from their reciprocal
contractual rights and obligations.
Classification of 
guest houses, 
holiday premises 
and licensed 
houses. 
Amended by: 
XIV. 1982.7; 
XIII. 1983.5.
10. (1) The Board may classify guest houses, holiday
premises and licensed houses in such manner as in its opinion will
best conform with regulations made for that purpose under article
13(1)( a ).
For the purpose of this subsection the Board shall issue a
certificate of classification.
(2) The Board shall have the power, at any time, if the Board
deems fit, to cancel such certificate and any certificate so cancelled
shall be delivered to the Board.
(3) Any guest house or holiday premises keeper or licensed
house owner who does not comply with any request by the Board
made for the purpose of this section shall be guilty of an offence
against this Act, and shall, on conviction, be liable to a fine ( multa )
of not less than five liri and not more than fifty liri.
Appeals. 
Amended by: 
XIV. 1982.8.
11. (1) Any person who is aggrieved by - 
( a ) the Board’s decision to refuse the grant, renewal, or
transfer of a licence under this Act,
( b ) the Board’s decision regarding the classification of a
guest house, holiday premises or licensed house,
( c ) the Board’s decision to cancel a licence or certificate
granted under this Act,
( d ) any order or direction of the Board given in
accordance with the provisions of this Act, or any
GUEST HOUSES AND HOLIDAY FURNISHED PREMISES [ CAP. 240.        7
regulations made thereunder,
may, within ten days from the date on which such decision, order or
direction, as the case may be, is communicated to him personally or
by registered post, appeal therefrom in writing to the Minister.
(2) The Minister shall consider such appeal and, after such
further inquiry as he may deem fit, he shall confirm, modify or
revoke the decision, order or direction, as the case may be, of the
Board in the light of what he believes to be the best interest of
tourism in Malta.
(3) The decision of the Minister in accordance with the
provisions of subarticle (2) shall be final and conclusive. 
Houses may only 
receive guests or 
foreigners if 
licensed. 
Added by: 
XIV. 1978.6. 
Amended by: 
XIV.1982.9; 
XIII.1983.5; 
III.1986.4.
12. (1) It shall not be lawful for any person to provide
accommodation to any guest in a house unless there is in respect of
that house a valid licence issued by the Minister authorising the
provision of such accommodation.
(2) It shall not be lawful for any person to give on lease or on
emphyteusis to a person who is not a citizen of Malta or to allow
such person to occupy under any title, a house in Malta, or to
transfer to any such person any right of lease, or of emphyteusis, or
other title to occupation, of any such house, and for any person who
is not a citizen of Malta to take on lease or emphyteusis or under
any title to occupy a house in Malta, or to acquire any right of lease
or emphyteusis or other title to occupation of any such house,
unless there is in respect of any such house a valid licence issued
by the Minister authorising such lease, emphyteusis, transfer or
occupation.
(3) Subarticles (1) and (2) shall not apply -
( a ) to free accommodation provided to a relative or friend
of the person providing the accommodation where
such accommodation is provided in a part of the
premises then ordinarily occupied by the person
providing such accommodation;
( b ) to any lease or emphyteusis or other title to occupation
in force on the l8th day of April, 1978 until the
expiration of the then remaining period;
( c ) to any renewal in favour of the same lessee of a lease
in force on the date aforesaid or of a lease of premises
in respect of which there was a valid licence at the
time the original lease was granted:
Provided that the subsections aforesaid shall apply to the
transfer of any lease, emphyteusis, or other title referred to in
paragraph ( b ).
(4) The Minister may before granting a licence under this
section require an inspection of the house in question by a person
authorised by him to ascertain that such house conforms to
acceptable standards.
(5) Every such licence shall be in the prescribed form and shall
remain valid for such period as may be specified in the licence: 
  8      CAP. 240. ]       GUEST HOUSES AND HOLIDAY FURNISHED PREMISES
Provided that the Minister may at any time and without
assigning any reason cancel the licence and any such licence shall
thereupon cease to be valid and the licensee shall have no claim
whatsoever for any damages or other compensation.
(6) No licence shall be granted under subarticle (1) unless it is
shown to the Minister that the contribution payable to the National
Tourism Organization in respect of the premises to which the
licence refers has been paid.
Cap. 310.
(7) For the purposes of this section "National Tourism
Organization" means the organization set up under that name by the
National Tourism Organization Act.
(8) Any person who contravenes any of the provisions of this
section shall be guilty of an offence against this Act and shall be
liable, on conviction, to a fine ( multa ) of not less than one hundred
liri and not more than five hundred liri.
Regulations. 
Amended by: 
XIV. 1978.7; 
XIII. 1983.5.
13. (1) The Minister may, from time to time, make and when
made, amend, revoke or re-enact, regulations for carrying into
effect the provisions of this Act, for ensuring the good and efficient
working of guest houses, holiday premises and houses, and,
without prejudice to the generality of such powers, may make
regulations for all or any of the following purposes:
( a ) providing for the registration and classification of
guest houses, holiday premises and houses and the
issues of licences and of certificates of classification;
( b ) prescribing the fees leviable in respect of the grant of
any certificate or the issue of any licence, or on the
entering of an appeal, under this Act, or providing for
any refund relating thereto;
( c ) regulating the subject-matter of any printed leaflet,
brochure, advertisement and any other publicity
material relating to guest houses, holiday premises and
houses for distribution or insertion in any publication
in Malta or abroad;
( d ) providing for the appointment of inspectors of guest
houses, holiday premises and houses and prescribing
their powers and duties;
( e ) prescribing anything that is to be prescribed.
(2) Such regulations may impose penalties for the breach
thereof not exceeding a fine ( multa ) of five hundred liri.
(3) Any regulations made under this section shall be laid before
the House of Representatives as soon as may be after they are
made, and if, within the next twenty days beginning with the day on
which such regulations are so laid before it, the House of
Representatives resolves that the regulations be annulled, they shall
henceforth be void, but without prejudice to anything previously
done thereunder or to the making of new regulations:
Provided that there shall not be included in the computation
of the said twenty days any period of seven or more consecutive
GUEST HOUSES AND HOLIDAY FURNISHED PREMISES [ CAP. 240.        9
days intervening between any two consecutive sittings of the House
of Representatives.
PART III
MISCELLANEOUS
Applicability.
any way to any lodging house, convent, monastery, boarding
school, college or to any house or premises exclusively used for the
accommodation or boarding of persons in a charitable institution or
to any other similar body or institution:
Cap. 197.
Provided that in the case of a lodging house in respect of
which a certificate of unclassifiability has been issued according to
the Hotels and Catering Establishments Act, the Board may, at any
time if it so deems fit, cancel such certificate and apply the
provisions of this Act.
Offences deemed 
to be 
contraventions.
15. All offences under this Act shall be deemed to be
contraventions.
Offences by 
company.
Amended by: 
XIII. 1983.5.
16. Where a company infringes any provision of this Act any
person who, at the time of such infringement, was a director,
manager, secretary or other similar officer of such company, or was
purporting to act in any such capacity, shall be guilty of an offence
against this Act, unless he proves that the infringement took place
without his knowledge and that he exercised all due diligence to
prevent it, and shall be liable, on conviction, to a fine ( multa ) of not
less than ten liri and not more than one hundred liri.
Probation Act shall 
not apply. 
Added by: 
III. 1986.5.  
Cap. 446.
17. The provisions of the Probation Act shall not apply in
relation to the offences under articles 4, 5, 10 and 12 and in relation
to any breach of any regulation made under article 13.
