Health and Safety Regulations on Construction Sites in Malta

On 7 March 2025, new regulations governing construction site safety were published entitled Health and Safety at Work (Minimum Health and Safety Requirements for Work at Construction Sites) Regulations, 2025 (S.L. 646.27) referred to as "New Regulations". These will become enforceable as of 7 September 2025. These New Regulations replace the previous legal framework and reflect Malta’s effort to enhance on-site protection, aligning more closely with EU directives. The revised law targets a stronger culture of prevention and better-defined responsibilities for stakeholders across the construction sector.

The updated law imposes direct obligations on clients—including developers, investors, and property owners—to appoint competent Project Supervisors for both the design and execution stages. These supervisors must oversee safety from planning through project delivery and ensure coordination across all operators on site.

Construction projects exceeding certain thresholds (e.g. workforce size or project duration) must be formally notified to the Occupational Health and Safety Authority (OHSA). A site-specific Safety and Health Plan is now legally required prior to any site setup, and a Health and Safety File must be compiled for the project's lifecycle and delivered post-completion.

The New Regulations set out detailed requirements for workplace infrastructure: scaffolding, fall prevention systems, secure access routes, hazard signage, emergency planning, and sanitation facilities. The regulations standardise a higher level of baseline protection and reflect Malta’s commitment to safer work environments across all scales of construction.

Risk mitigation is no longer optional. The law codifies a hierarchy of control, requiring duty holders to proactively eliminate or reduce risks—from design stages through execution. Substitution of hazardous materials, safe sequencing of activities, and prioritisation of collective over individual protection are now enforceable expectations.

Failure to comply with the New Regulations may trigger inspections, administrative penalties, criminal prosecution, and temporary site shutdowns. With greater accountability now built into the framework, both clients and contractors face increased exposure to liability if they fail to meet prescribed duties.

With the New Regulations and expanded regulatory scope introduced by Malta’s 2025 Health and Safety Construction Regulations, our Property and Construction Law team plays a pivotal role in helping clients navigate the legal complexities of development and site operations. We provide comprehensive legal support across every stage of the project lifecycle—from pre-acquisition planning and regulatory clearances to execution and post-completion compliance.

Our services include:

• Drafting and reviewing construction contracts, consultant agreements, and health and safety clauses tailored to the latest legal requirements
• Advising on the appointment of Project Supervisors for both the design and execution stages, ensuring full alignment with statutory obligations
• Handling OHSA notifications, Safety and Health Plan reviews, and the creation and handover of the Health and Safety File
• Supporting developers, contractors, architects, and engineers in embedding safety-by-design principles into their planning and procurement processes
• Providing legal risk assessments and ongoing compliance reviews for new developments, refurbishment projects, and real estate portfolios
• Assisting property investors and vendors in identifying and resolving compliance issues in property sales, acquisitions, and leaseback transactions

Whether you're launching a multi-unit development, managing a phased construction project, or conducting due diligence for a real estate transaction, our team delivers proactive, technically sound legal solutions tailored to the evolving demands of Malta’s construction and property sectors.