Legal Notice 92 of 2026 consolidates and replaces four prior sets of tourist accommodation regulations under the Malta Travel and Tourism Services Act, Cap. 409.
Not applicable — subsidiary legislation · Not applicable — regulatory instrument · Not applicable
Legal Notice 92 of 2026, published as Subsidiary Legislation 409.24, introduces a new comprehensive regulatory framework governing tourist accommodation in Malta. The regulations, made under the Malta Travel and Tourism Services Act (Cap. 409), replace four previous sets of subsidiary legislation covering tourist accommodation establishments, homestay accommodation, holiday premises, and licensed accommodation. The regulations establish a structured licensing regime requiring operators of collective tourist accommodation — including hotels, tourist villages, guest houses, and hostels — to obtain an operative licence from the Malta Tourism Authority (MTA) before trading. A Tourism Policy Compliance Certificate must also be obtained prior to submitting a development permit or licence application for new developments, redevelopments, designation changes, or reclassifications. Both certificates carry a validity period and are subject to a 60-day decision window from validation of a complete application. Key procedural safeguards are built into the framework: applicants who fail to respond to requests for missing documentation within 90 days are deemed to have tacitly withdrawn their application without entitlement to a refund. The MTA retains discretion to waive conditions for licence renewals and to deviate from annex criteria where duly justified and in the public interest, provided any deviation is expressly declared and recorded in the decision. Enforcement powers granted to the MTA include unannounced on-site inspections, the issuance of enforcement notices under Articles 40–42 of the Act, reclassification of the tourist activity, and suspension or revocation of the operative licence. Aggrieved applicants may seek reconsideration by the MTA within 15 days and, if still dissatisfied, may appeal to the Tourism Appeals Board under Title III of the Act. The regulations also include robust GDPR-aligned data protection provisions governing the MTA's processing of personal data.
Not applicable — this is subsidiary legislation (Legal Notice 92 of 2026) establishing a regulatory framework, not a court judgment. No defendants, fines, or sentences are involved.
Malta Travel and Tourism Services Act, Cap. 409; Legal Notice 92 of 2026 (L.S. 409.24); Tourism Fees Regulations (L.S. 409.05); Data Protection Act, Cap. 586; Regulation (EU) 2016/679 (GDPR)