Energy efficiency law 'not enforced'

A law introduced early in 2007 which imposes basic energy efficiency measures on developers of new buildings is "not really being enforced", a top civil servant at the Resources Ministry has admitted.

A legal notice issued in November 2006 under the Malta Resources Authority Act transposed an EU directive under the aptly named 'Minimum Requirements on the Energy Performance of Buildings' regulations.

The legal notice effectively made compulsory a few energy efficiency measures such as installing double-glazed glass and having a reservoir or water cistern to collect rain water.

The latter requirement was reintroduced from a long forgotten law. Yet, the legal notice does not stipulate an enforcement mechanism and it is not clear who should be responsible for enforcement.

The news comes hot on the heels of a new ambitious energy package launched by the European Commission last week, which states that 10 per cent of Malta's energy requirements must be met by renewable energy within just 12 years.

When contacted, the director general within the works' department, Carmel Mifsud Borg, said given that the legal notice was issued under the Malta Resources Authority Act, technically the authority was responsible for ensureing the law was complied with.

However, he said: "For the time being, we are not really enforcing it, in the sense that... it's a law, the requirements in it are law, so if I am an architect it's my responsibility to comply with the law... but the idea was that it would be self-regulating."

Asked to comment on this situation, the Resources and Infrastructure Ministry, while echoing Mr Borg Mifsud regarding the "self-regulating spirit of the law", added that the MRA, in collaboration with the Malta Environment and Planning Authority, would carry out random checks of all the planning applications submitted after the cut-off date (January 2, 2007).

Yet an MRA official told The Sunday Times that no such random checks are being carried out. Moreover, Mepa itself denied any responsibility for enforcing this law. An MRA spokesman said the authority does place certain efficiency requirements on major projects but does so "of its own volition".

There was no mention of any random checks but of a consultation with the MRA on major projects prior to a permit being issued.

mmicallef@timesofmalta.com