Promoting safety and good practice.

REGISTRATION

How do I know if my lift is registered?
How much does it cost to register a lift?
How do I have my lift registered?
What do I need to submit to have a lift registered?
What happens if I operate a lift without MCCAA Certificate of Registration?

INSPECTION

Do all lift installations have to be inspected?
Which lifts are regulated by the Legal Notice 231 of 2007 - Inspection of Lift Regulations (L.N. 2007)?
When must lifts and other regulated devices be inspected?
What is a Thorough Examination (T.E.) of a passenger lift and when is it carried out?
Is an inspection required when alterations to lifts are carried out?
How do I know if the lift in my building needs to be inspected?
How do I schedule a lift inspection?
My maintenance service provider says my lift would pass a safety inspection. Is Preventive Inspection by an ACAB really necessary?
What types of inspection certificates are issued?
To whom are the certificates given and what should that person do with them?
What is the policy of the MCCAA and the OHSA with respect to inspection certificate expiration dates?
Who is the lift’s ‘responsible person’? Is every lift owner a ‘responsible person’?
How do I prepare the lift for inspection?
What happens if a lift in my building does not pass inspection?
If a lift in my building has been shut down for not passing re-inspection, what should I do?
What happens if the certificate for the lift in my building has expired?
I have a home-lift (lifting platform) in my house. Does it have to be inspected?

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INSTALLATION, OPERATION AND REPAIR

What is the lift installer supposed to do?
How do I know that my lift is CE marked?
Which lifting devices are regulated by the Malta Competition and Consumer Affairs Authority under the Product Safety Act?
Does lift installation or repair have to be by a competent lift technician?
What is the difference between a repair and an alteration?
Who is responsible for the Final Inspection for CE conformity of a New Lift Installation?
What happens if I operate a lift without CE Conformity Certification?

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REGISTRATION

Q: How do I know if my lift is registered?

A: All lifts must be registered by the Malta Competition and Consumer Affairs Authority (MCCAA). Lifts operating without registration are illegal. To find out if a lift is registered, check the list published by the MCCAA here.

Q: How much does it cost to register a lift?

A: Registration of a lift with the Malta Competition and Consumer Affairs Authority involves a once-only Eur10 administrative fee. Note that only ACABs are qualified and authorised to conduct Preventive Inspection and Thorough Examination. ACABs because of their function operate independently and set their own rates for inspection.

Q: How do I have my lift registered?

A: For lifts placed into service from the 1st July 2002, the lift installer is responsible for registration. The installer must provide the Malta Competition and Consumer Affairs Authority (MCCAA) with both an application for registration and a Declaration of Conformity to be able to register the lift. A specific identification number is then issued by the MCCAA.

If a lift was put into service before the 1st July 2002, it is the responsibility of the administrator / users of the lift to register it with the MCCAA.

Q: What do I need to submit to have a lift registered?

A: Call at the Malta Competition and Consumer Affairs Authority (MCCAA) for a copy of the Lift Registration Form. When collecting the Lift Registration Form, ask what additional certification you will need to include when you submit your application for registration. This varies according to the type of lift installation, and the lift’s age and location. You will need to have the registration form filled in and signed by the lift’s responsible person.

Q: What happens if I operate a lift without MCCAA Certificate of Registration?

A: Failure to register a lift suggests that the installation is not in conformity with safety requirements as set out in Lift Regulations 2002 and/or Inspection of Lifts Regulations 2007, with the attendant risk of accidents and consequent liability of the lift owner/s for related damages. The Occupational Health and Safety Authority (workplace lifts) and the Malta Competition and Consumer Affairs Authority (lifts in residential buildings) are empowered to act against owners of unregistered lifts to ensure that such installations are regularised.

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INSPECTION

Q: Do all lift installations have to be inspected?

A: Yes. All lifts must be inspected and issued with reports/certificates to operate.

Q: Which lifts are regulated by the Legal Notice 231 of 2007 - Inspection of Lift Regulations (L.N. 2007)?

A: Different types of vertical passenger lifts in the workplace and in residential buildings are regulated by L.N. 231, as are various vertical lifting platforms. Some types of lift are regulated by other legal notices published under the Occupational Health and Safety Act. These include Goods Only lifts, moving stairways, dumbwaiters, moving walkways, escalators, wheelchair lifts, automatic people movers, auto repair lifts and other associated devices installed in all types of non-residential buildings.

Q: When must lifts and other regulated devices be inspected?

A: There are a number of inspections which lifts must undergo in terms of the Lifts Regulations, 2002 (Legal Notice 370 of 2002). The first inspection, known as the "final conformity inspection" has to be carried when the lift is initially installed. A Notified Body - a Body which has been accredited and hence recognised as competent by the Malta Competition and Consumer Affairs Authority (MCCAA) - must perform the inspection. Only a Notified Body accredited by the MCCAA can carry out such inspections.

Subsequent inspections have to be carried out in terms of Legal Notice 231 of 2007. This Legal Notice stipulates that all types of passenger lifts and vertical lifting platforms installed in residential buildings must be inspected once a year by an Accredited Conformity Assessment Body (ACAB). Under the same legal notice all types of passenger lifts, including service and goods lifts and vertical lifting platforms, that are installed in non-residential buildings (workplaces) must be inspected every six months by an Accredited Conformity Assessment Body (ACAB). These type of inspections are called Preventive Inspections. Goods-Only lifts, dumbwaiters, wheelchair lifts, auto repair lifts and other associated devices installed in non-residential buildings must also be inspected every six months as per Legal Notice 47 of 1964.

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Q: What is a Thorough Examination (T.E.) of a passenger lift and when is it carried out?

The Thorough Examination (T.E.) of a lift is a systematic and detailed examination with respect to the modernisation and upgrade of the lift to current CE standards. A Thorough Examination is required every 10 years for lifts installed in residential buildings and every 6 years for lifts installed in non-residential buildings. The T.E. must be carried out by an Accredited Conformity Assessment Body (ACAB).

Q: Is an inspection required when alterations to lifts are carried out?

Yes. A Thorough Examination of a passenger lift by an Accredited Conformity Assessment Body (ACAB) must be carried out before any alterations are made, including changes to the lift’s safety components and changes to the lift travel (additional stops). This applies to all passenger lifts, whether they are installed a workplace or in a residential building. All changes to the safety components of a lift must be examined by a Notified Body accredited with the Malta Competition and Consumer Affairs Authority.

Q: How do I know if the lift in my building needs to be inspected?

A: After a lift has passed an inspection, the inspector of the appointed ACAB will issue a Preventive Inspection Report. The certificate is to be sent to the Malta Competition and Consumer Affairs Authority for residential passenger lifts and to the Occupational Health and Safety Authority for all type of lifts installed in non-residential buildings. The certificate should state when the next inspection is due.

Q: How do I schedule a lift inspection?

A: Contact your lift maintenance company and appoint an approved ACAB. The ACAB will contact the lift maintenance company to coordinate the inspection date.

Q: My maintenance service provider says my lift would pass a safety inspection. Is Preventive Inspection by an ACAB really necessary?

A: Lift owners are legally obliged to appoint an ACAB to inspect the lift. ACABs are the only bodies authorised by MCCAA to conduct lift inspections. Inspections by other persons are invalid at law.

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Q: What types of inspection certificates are issued?

A: The following certificates are issued following the relevant inspections.

  1. Once a newly installed passenger lift is approved for conformity by a Notified Body a "Certificate of Conformity" is issued. The company installing the lift issues a Declaration of Conformity based on this certificate. The Installer of the lift should then have the lift registered. This is done by forwarding the necessary documentation (a Declaration of Conformity and a registration application form, duly filled in, together with a registration fee of EUR10) to the Malta Consumer and Competition Authority (MCCAA). The MCCAA will then complete the necessary procedures and issue a certificate of registration.
  2. After a Preventive Inspection of a passenger lift, a report / certificate is issued to the person responsible / administrator of the residential or non-residential building in which the lift is installed.
  3. After a Thorough Examination of a passenger lift, a report / certificate is issued to the person responsible / administrator of the residential or non-residential building in which the lift is installed.

Q: To whom are the certificates given and what should that person do with them?

A: The certificates are given to the responsible person who then should forward them as follows.

  1. Workplace lift certificates should be sent to the Occupational Health and Safety Authority.
  2. If the certificate relates to a residential building, apartment block, or another type of residential building, it should be sent to the Malta Competition and Consumer Affairs Authority.

Q: What is the policy of the MCCAA and the OHSA with respect to inspection certificate expiration dates?

A: The MCCAA and the OHSA are both empowered to take appropriate action against lift owner/s in event of failure to execute mandatory inspections of the lift, and for non-submission or late submission of lift inspection reports to the relevant authority.

Lift inspection certificates must be submitted to the relevant authority within 28 days of the inspection visit. [See Clause 9 (2) L.N.231 ILR.2007 ].

Lift Preventive Inspection certificates are valid for one year for residential buildings and six months for non-residential buildings.

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Q: Who is the lift’s ‘responsible person’? Is every lift owner a ‘responsible person’?

A: The ‘responsible person’ is defined in L.N.231/2007 Inspection of Lifts Regulations 2007 Clause 9 [2] (see B3081-B3082). In general, the ‘responsible person’ is the appointed administrator, the owner of the premises, or the person who, for the time being, has authority to take appropriate action in relation to the lift.

Lift owners - either directly or indirectly through an administrator if indeed one has been appointed - are responsible for safety once their lift is installed. In blocks of apartments, where one or more lifts are shared, and hence are part of the common parts, the condominium administrator becomes the responsible person in charge of ensuring the lift’s safety. If no administrator has been appointed, then all the lift owners are jointly responsible for ensuring the lift’s safety.

Q: How do I prepare the lift for inspection?

A: Contact your lift maintenance contractor. They will prepare for the inspection or examination of the lift.

Q: What happens if a lift in my building does not pass inspection?

A: During the inspection or examination of the lift, the Accredited Conformity Assessment Body (ACAB) inspector may notice that lift users are at a risk because of a safety hazard. In that case, the operation of the lift is stopped and the MCCAA (for lifts installed in residential buildings) or the OHSA (for lifts installed in non-residential buildings) is notified. A stop notice is then issued and the lift cannot be used until the safety hazard is rectified as specified by the ACAB.

If the lift’s safety shortcomings put the lift’s users at risk, then the ACAB will give a timeframe for the relevant safety repair works to be carried out. If the lift fails inspection because it puts people’s lives and safety at risk, the inspector will disable the lift and, on the entrance of the lift, will post a notice or placard stating that the lift is in dangerous condition.

Use of a closed lift is at the user’s risk and responsibility.

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Q: If a lift in my building has been shut down for not passing re-inspection, what should I do?

A: Contact your lift maintenance company and schedule the necessary repairs. Once the repairs are completed, contact your Appointed ACAB for re-inspection.

Q: What happens if the certificate for the lift in my building has expired?

A: Contact the building owner or administrator and report that the lift is in need of inspection.

Q: I have a home-lift (lifting platform) in my house. Does it have to be inspected?

A: Yes. All lifts located in owner-occupied, single-family dwellings must be inspected once every year.

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INSTALLATION, OPERATION AND REPAIR

Q: What is the lift installer supposed to do?

A: When a lift is first installed, the installer is obliged by law to have the lift inspected and certified by a Notified Body. The installer is legally obliged to register the lift with the MCCAA before it is put to use.

The installer is also obliged to hand over a Technical File to the lift purchaser. The Technical File should include the lift’s Certificate of Conformity issued by the Notified Body concerned and a Certificate of Registration issued by MCCAA, together with other relevant technical documentation.

The Technical File forms part of the documentation related to the building where the lift is located. It must be retained by the lift owner or the Administrator. Where there is change of ownership or Administrator, the Technical File must be passed on. The procedure is similar to that of a motor vehicle log book which must be transferred to the owner when a vehicle is sold.

By taking possession of the lift you will be assuming all the obligations and consequences of ownership. You should therefore make clear in the contract of purchase of the property that the lift to be eventually installed must comply with all relevant regulations and that you will not accept the lift unless and until the related certificates and documentation are made available to you.

Q: How do I know that my lift is CE marked?

A: There must be a CE marking and the identification number of the Notified Body [CV24] inside the lift car. In addition the user / responsible person / Administrator of the lift must be in possession of a Registration certificate and the identification number of the lift as issued by the MCCAA.

Q: Which lifting devices are regulated by the Malta Competition and Consumer Affairs Authority under the Product Safety Act?

A: All types of lifts, moving stairways, dumbwaiters, moving walkways, material lifts and dumbwaiters with automatic transfer devices, wheelchair lifts, automatic people movers and other associated devices are regulated by the Product Safety Act and have to be CE marked. There are various requirements and procedures before these devices are given the final CE marking and placed into service. Under Legal Notice 231 of 2007, the MCCAA is also responsible for the Preventive Inspections and the Thorough Examination of all types of passenger lifts and vertical lifting platforms installed in residential buildings.

Q: Does lift installation or repair have to be by a competent lift technician?

A: Yes. All persons responsible for the installation, maintenance or alteration of a passenger lift must possess the knowledge, training and competency to carry out the relevant works.

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Q: What is the difference between a repair and an alteration?

A: A repair on a lift usually results from a Preventive Inspection or from normal / routine preventive maintenance such as servicing. Repairs, maintenance, and replacements are not alterations and are usually reported in the Preventive Inspection Report.

An "alteration" is usually work resulting from the Thorough Examination Report as issued by the Accredited Conformity Assessment Body (ACAB) and is connected with modernization requirements. An "alteration" due to extension of travel, replacement of drive and changes to the safety components requires the involvement of the Accredited Conformity Assessment Body (ACAB) and the Notified Body (NB).

Q: Who is responsible for the Final Inspection for CE conformity of a New Lift Installation?

A: Only a Notified Body accredited with the Malta Competition and Consumer Affairs Authority is authorised to carry out such an inspection.

Q: What happens if I operate a lift without CE Conformity Certification?

A: Lifts that are put into use without a Declaration of Conformity issued by the lift’s installer, contravene Chapter 427 of the Laws of Malta and are legally considered unsafe. The Declaration of Conformity is based on the Final Examination Certificate issued by the Notified Body who carries out the inspection of the lift. Any lift put into service without a Declaration of Conformity is legally considered to be unsafe, rendering the installer and, where applicable, the lift owner, liable to the penalties set out in Chapter 427 of the Laws of Malta. Uncertified lifts may also be compulsorily put out of service and sealed by the competent authority.

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