Short‑Lets Under the Spotlight: Key Changes in Malta’s 2026 Tourism Accommodation Regulations

Background 

On the 15th of April 2026, Malta published the Tourism Accommodation Regulations 2026 (L.N.92.2026) (hereinafter the ‘Regulations’), establishing a new operating licence regime which will enter into force on 15 June 2026.  

The regime introduces specific eligibility and operating criteria for hotels, tourist villages, guest houses and hostels, as well as for establishments seeking special labels such as boutique and luxury boutique hotels. 

Short‑let rented accommodation is also brought squarely within the new regime, introducing long‑awaited controls over this segment. In particular, the Regulations require a Waste Management Collection Plan, impose minimum standards for private rented accommodation (including floor area, sanitary facilities and visible waste‑collection schedules), and allow the Malta Tourism Authority to suspend or revoke licences in cases of non‑compliance with noise, waste management, health and safety and related obligations.  

These reforms aim to address the black garbage bag crisis and recurring noise issues reported by residents in touristic localities such as Buġibba, Swieqi, St Julians, Sliema, Ta’ Xbiex and Gżira during recent summer seasons. 

Operating Licence Requirement for Tourism Activities 

Background 

The Regulations identify six categories of tourism activities which require an Operating Licence (hereinafter the ‘Listed Activities’):  

(a) Operating a Hotel 

(b) Operating a Tourist Village 

(c)  Operating a Guest House 

(d) Operating a Hostel 

(e) Operating Short-Let Rented Accommodation for Tourists 

(f) Operating as a Resident Host Accommodation 

Step 1: Obtaining a Tourism Policy Compliance Certificate 

The Requirement Trigger: Applications for an Operating Licence 

The Regulations provide that a Tourism Policy Compliance Certificate (hereinafter the ‘Compliance Certificate’) shall be obtained prior to any application for an Operating Licence. 

The Application Process 

The application for a Compliance Certificate must be made on the form issued by the Malta Tourism Authority and submitted together with the applicable fee. 

The Malta Tourism Authority shall then acknowledge receipt of the application without undue delay. 

The Authority is to take a decision within sixty (60) days from acknowledging receipt of a complete application pack. Where additional documentation is requested, the sixty‑day period is suspended until the requested information is provided. 

Validity 

The Compliance Certificate remains valid for three (3) years from the date of issue.  

Step 2: Application for an Operating License 

Once a Compliance Certificate has been obtained, the applicant may submit an application for an Operating Licence in respect of any Listed Activity. 

The Application Process 

The application for an Operating Licence must be made on the form issued by the Malta Tourism Authority, with the form and requirements varying according to the operating activity (the type of accommodation). If you require a breakdown of the specific requirements for a particular activity or accommodation type, you may get in touch with us for tailored guidance. 

Once complete, the application is to be submitted to the Malta Tourism Authority together with the applicable application fee. The application must be accompanied by: (i) proof that the applicant is a fit and proper person to operate a tourism activity; and (ii) valid police conduct certificate. 

The Malta Tourism Authority will acknowledge receipt of a complete application without undue delay. 

The Authority is to take a decision within sixty (60) days from acknowledging receipt of the full application pack. Where additional documentation is requested, the sixty‑day period is suspended until the requested information is provided. 

Validity 

An Operating Licence remains valid for the determinate period specified in the licence and is subject to renewal by the Malta Tourism Authority. 

General Obligations 

If an Operating Licence is granted, the licensee must inform the Malta Tourism Authority of any changes or alterations affecting the operation of the establishment. Where any alteration would prejudice the classification assigned to the establishment, the licensee must obtain the Malta Tourism Authority’s prior approval. 

Step 3: Obtaining a Special Label (where applicable) 

What are Special Labels? 

The Regulations introduce a series of special labels which formally recognise accommodation establishments that meet additional standards and criteria set out in the Regulations. These labels include, among others, “Bed and Breakfast”, “Heritage”, “Diffuso”, “Agro‑Tourism”, “Spa & Wellness”, “Boutique” and “Luxury Boutique”. 

The Application Process 

An application for the assignment of a special label must be made on the form issued by the Malta Tourism Authority. Once complete, the application is to be submitted to the Authority. 

The Malta Tourism Authority will acknowledge receipt of the complete application without undue delay. 

The Authority is to take a decision within sixty (60) days from acknowledging receipt of the full application pack. Where additional documentation is requested, the sixty‑day period is suspended until the requested information is provided. 

A special label will be assigned where, in the Authority’s opinion, the label accurately reflects the unique characteristics of the establishment and the criteria laid down in the Regulations are satisfied. 

Validity and Renewals 

A special label remains valid for the period determined by the Malta Tourism Authority in accordance with the Regulations. Where a licensee intends to renew a special label without interruption, an application for renewal must be submitted at least two (2) months prior to its expiry. 

Ongoing Obligations 

A licensee that has been assigned a special label must display and reference that label in all advertising, marketing and promotional material relating to the establishment. The licensee must also inform the Malta Tourism Authority of any changes or alterations affecting the operation of the establishment and, where such alterations would prejudice the classification assigned, obtain the Authority’s prior approval. 

Category-Specific Regimes: A Focus on Rental Accommodations 

Licensing Requirement 

As aforementioned, a person may not (i) operate Short‑Let Rented Accommodation for Tourists, or (ii) operate as Resident Host Accommodation, without holding a valid Operating Licence in respect of the relevant activity. 

Short-Let Rented Accommodation Operating Licence 

Who may Apply? 

Only the proprietor in title of the property (owner, lessee, usufructuary or emphyteuta) may apply for this type of Operating Licence. 

What Properties Qualify? 

The Malta Tourism Authority may refuse to consider an application if the property has not been finished to a high standard. Bedrooms located at underground or basement level are generally ineligible. 

Occupancy Restrictions 

The Regulations also impose occupancy restrictions of: 

(a)  a maximum of two (2) persons per bedroom. 

(b) a maximum of ten (10) persons per unit, unless the unit has independent access from a road. 

Application Contents 

The application for an operating licence shall include: 

(a) Complete and accurate information regarding both the Licencee and the Operator; 

(b) Proof of possession of a valid development permission; 

(c) Certification that the premises are in conformity with the approved development planning permission; 

(d) Valid proof of insurance covering the common parts (where applicable); 

(e) Evidence of compliance with the private rented accommodation standards set out in the Regulations, including: minimum floor area of 9 square metres for a single‑occupancy bedroom and 13 square metres for a double‑occupancy bedroom, at least one bath/shower per four (4) persons, and a schedule of waste collection affixed in a visible place.  

(f) The identification of a Designated Person (name, surname and contact number) who shall be available on a 24-hour basis to receive complaints and address any problems that arise; 

(g) A waste collection management plan. 

The Regulations also allow the Malta Tourism Authority to impose specific licensing criteria for particular localities, where objective considerations justify their imposition. 

Additional Obligations 

Upon issuance of the licence, the Licensee must notify the residential block administrator in writing (where applicable) and submit a copy of this notification to the Malta Tourism Authority.  

Withdrawal of Licence 

The Malta Tourism Authority may suspend or withdraw a licence in the event of breaches of regulations relating to noise, waste management, health or other related criteria. 

Consequences of Non-Conformity: Three-Year Disqualification 

Any person found operating without a valid licence will be disqualified from applying for such a licence for a period of three (3) years, without prejudice to any other penalties prescribed by law. During the same three‑year period, the dwelling will be ineligible for the issue of any short‑let rental licence, whether the application is made by the same person or by another person. 

Resident Host Accommodation Operating Licence 

What Properties Qualify? 

As with short‑lets, bedrooms located at underground or basement level are generally ineligible. 

Occupancy Restrictions 

Each unit is subject to a maximum of four (4) guests. 

Application Contents 

The application for an operating licence shall include: 

(a) Complete and accurate information regarding the applicant (being the resident host); 

(b) Proof of possession of a valid development permission; 

(c) Certification that the premises are in conformity with the approved development planning permission; 

(d) Valid proof of insurance; 

(e) Evidence of compliance with the resident host accommodation standards set out in the Regulations, including:, a minimum floor area of 9 square metres for a single‑occupancy bedroom and 13 square metres for a double‑occupancy bedroom; 

(f) Proof of good character of resident host and other members of the household; 

(g) Documented evidence of formal allocation agreement with licenced school or educational institution (where applicable). 

Additional Obligations when Accommodating Minors 

Where the resident host accommodates minors, the resident host is bound to exercise a heightened duty of care, ensure continuous access to the premises for regulatory and welfare inspections, provide age‑appropriate meals and maintain a household environment conducive to the well‑being of minors. 

Obligations for Travel Operations and Schools Arranging Guest Accommodation  

Travel operators, schools and other persons entrusted with arranging guest accommodation must ensure that: 

• guests are only accommodated with duly licensed resident hosts; and 

• where the guest is following a course of study, the resident host is formally contracted with the relevant school. 

Conclusion and Practical Takeaways 

The Tourism Accommodation Regulations 2026 introduce a unified, licence‑based framework for all key tourism accommodation activities in Malta, from hotels and guest houses to short‑let rentals and resident host arrangements. They tighten eligibility, raise baseline standards, and link ongoing compliance with waste management, noise, health and safety, and proper classification to the continued validity of an Operating Licence. In practice, operators and property owners now need to think in terms of a clear sequence: obtain a Tourism Policy Compliance Certificate, secure the appropriate Operating Licence for the relevant activity, and, where applicable, apply for a special label to reflect the character and positioning of their establishment. 

For short‑let and resident host accommodation in particular, the Regulations mark a shift from lightly regulated activity to a structured, rule‑bound regime with concrete occupancy limits, minimum physical standards, 24‑hour contact obligations and locality‑sensitive criteria. The three‑year disqualification from licensing in cases of unlicensed operation significantly raises the stakes for compliance and due diligence. Against this backdrop, early alignment of planning permissions, ownership/possession titles, insurance cover, and internal procedures (especially around waste and noise) will be critical for a smooth transition before the new regime fully applies. 

How We Can Assist 

We act as a licensed corporate services provider and advisory firm, supporting clients across the full lifecycle of tourism accommodation projects and operations. We can assist with: 

• Structuring and documenting ownership and operating models for hotels, guest houses, short‑lets and resident host arrangements. 

• Preparing and reviewing application packs for Tourism Policy Compliance Certificates and Operating Licences, including fit‑and‑proper documentation, development permission alignment and insurance. 

• Assessing eligibility for, and preparing applications to obtain, special labels such as Boutique, Luxury Boutique, Heritage, Agro‑Tourism and similar. 

• Drafting internal policies and procedures to address waste management, noise control, guest management, and host obligations (including when minors are accommodated). 

• Providing ongoing compliance support, including advice on change scenarios (alterations, reclassifications, changes in use) and responding to queries or enforcement actions by the Malta Tourism Authority. 

If you operate, invest in, or are planning a tourism accommodation project in Malta and would like tailored guidance on how these Regulations affect your plans, you are welcome to contact us.  

Written by Matthew Muscat  

This article is intended for general information purposes only and does not constitute tax, legal or other professional advice. It provides a high-level summary of the information and reflects our interpretation of the information as at the date of publication.  

The application and impact of the information may vary depending on individual circumstances, and the information is subject to change and to interpretation by the relevant authorities. Accordingly, this article should not be relied upon as a substitute for specific professional advice.  

Readers are encouraged to seek tailored advice before taking any action based on the information contained herein.