The Control of Swimming Pools Regulations establish that a swimming pool cannot be constructed, operated and used prior to a permit for its construction and a licence for its operation and use are issued by the Regulator for Energy and Water Services
Registration form for swimming pools: permit to construct and licence to operate
Swimming Pool Registration Licence e-Form
Swimming Pool Registration Licence Form REWS/006/v7-02/09/20

In the case where the person operating the swimming pool changes, an application for a transfer of licence is required to be submitted to the Regulator for Energy and Water Services.

Transfer of Swimming Pool Licence e-Form
Transfer of Swimming Pool Licence Form REWS/178/v3-02/09/20

Control of Swimming Pools Regulations

• Details/ number  of Identity card or passport of the applicant.
• Handwritten signature of applicant required on the application form.
• In the case of a company or Legal organisation the details of the Legal Representative should be submitted.
• Details of Architect certifying swimming pool:
  • Identity card or Passport Number;
  • email details;
  • contact address;
  • architect’s reference.

 In the case of transfer of licence to operate the swimming pool:

• Details / Numbers  of Identity cards or passports of transferor and transferee are required.

• Signed application form.
• Architect’s declaration
• Site plan showing with co-ordinates of swimming pool. Any map reference refers to topographic data published by the Planning Authority on survey sheets (1:2500) based on the latest  version of aerial survey  as available.
• Architect’s drawings showing the plan and section of the swimming pool. 
• Applications for seawater swimming pools shall also include drawings of the discharge system including the discharge pipe connecting the swimming pool to the shoreline and evidence that this is located within 100m of the shoreline.

In the case of transfer of licence to operate the swimming pool:

• Copy of contract / deed showing transferor and transferee details.

Fees to be paid by the applicant to the Regulator for Energy and Water Services:

• For a swimming pool used solely and exclusively by the applicant and his family:
  • with fresh water = €4.60 per m3 capacity;
  • with sea water according to Regulation 6(2) of the Control of Swimming Pools Regulations=  €100.00.
• For a swimming pool used solely and exclusively by a philanthropic society = nil.
• For any other swimming pool:
  • used with fresh water = €6.90 per m3 capacity:

So, however, that the fee shall not exceed €2,329.37;

• used  with  sea  water  according  to  Regulation6(2) of the Control of Swimming Pools Regulations=   €600.00.
• Administrative fee to be paid by the applicant to the Regulator for Energy and Water Services for the issue of a permit to construct or for a licence to operate or use a swimming pool = €50

Regulation 8 of the Control of Swimming Pools Regulations establishes that were a swimming pool has been constructed without a permit and/or is being used or operated without a licence, such permit and/or licence shall be deemed to have been in force as  from the date which the Regulator indicates on such permit or licence if the relative payment is effected within thirty days of its being requested by the Regulator and is accompanied by a further payment equivalent to one third (1/3) of the relative payment.

In addition the Swimming Pool Controls Act provides that any person who contravenes any of the provisions of this Act or of any regulations made thereunder shall be guilty of an offence and shall be liable, on conviction, to a fine (multa) of not less than six hundred and ninety-eight euro and eighty-one cents (698.81) but not  exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37).

• No specific period for completion of the procedure is established at law.
• Generally, an application:
  • for a permit to construct and a licence to operate and use a swimming pool is processed and determined by the Regulator within 5 working days;
  • to transfer a licence to operate a swimming pool is determined by the Regulator within 5 working days.

In general, the Maltese Administrative Law establishes that in the absence of a reply this is construed to be tantamount to a refusal and the applicant has a right to appeal.

Any decision taken by the Regulator, including refusal of an application for or withdrawal of an authorisation or a licence, may be subject to appeal before the Administrative Review Tribunal established by Article 5 of the Administrative Justice Act.

Contact details: 
You may submit the application form together with all associated documentation and relevant payments referred to in the application form either by post or by hand to:  
Regulator for Energy and Water Services, 
Zentrum Business Centre
Level 1
Mdina Road
Qormi, QRM 9010
Malta.