Architecture Proposal Template (Malta)

New builds and immovable property are out; extensions are back in

The construction of new buildings, or of substantially new buildings by the conversion of existing buildings, is excluded from the distance-sales consumer protection rules, as is the sale of immovable property. This is the same category of exclusion found across the EU under the Consumer Rights Directive, and it removes the 14-day withdrawal right for those specific categories of contract.

The construction of an extension to an existing building, however, is treated differently and remains covered by the consumer protection rules — meaning the withdrawal right applies where a proposal is genuinely for an extension rather than a substantial conversion or a new build. This template asks which category the proposed work actually falls into rather than assuming any building-related architecture proposal is automatically excluded.

The 2026 mandatory online withdrawal function

On 19 June 2026, the Consumer Rights (Amendment) Regulations, 2026 entered into force in Malta, transposing EU Directive 2023/2673. Among the changes is a requirement that traders provide consumers with a dedicated mechanism — a withdrawal function — through which the right of withdrawal can be exercised electronically for distance contracts concluded through an online interface.

For an architecture proposal accepted through an online interface where the withdrawal right does apply — an extension, for instance, rather than a new build — this template flags whether that online withdrawal function needs to be provided, rather than assuming a written notice by post or email is still sufficient on its own where the new interface-based rule applies.

Clause-by-clause guide

Client and Perit

Names the client and the architect or practice submitting the proposal.

Project category

Whether the proposal is for a new build, a substantial conversion, an extension, or another category, since the withdrawal-right treatment differs.

Fee and payment schedule

The proposed fee, payment schedule and basis for additional work.

Withdrawal right applicability

Confirms whether the 14-day withdrawal right applies to this proposal based on the project category.

Online withdrawal function

Where the proposal is accepted online and the withdrawal right applies, confirms whether a dedicated online withdrawal function is provided.

Proposal validity

The period during which the proposal remains open for acceptance.

Malta compliance checklist

Check the project category carefully — extensions are treated differently from new builds and substantial conversions.

• Confirm the project category

  New builds and substantial conversions are excluded from the withdrawal right under Subsidiary Legislation 378.17; extensions to existing buildings are not excluded and remain covered.

  ECC Malta - Distance Selling Rights

• Do not assume every construction proposal is excluded

  The exclusion applies specifically to new-build construction, substantially new buildings created by conversion, and immovable property sales — not to every architecture-related proposal.

• Provide the online withdrawal function where required

  From 19 June 2026, the Consumer Rights (Amendment) Regulations, 2026 require traders to provide a dedicated online withdrawal function for distance contracts concluded through an online interface, where the withdrawal right applies.

  Mondaq - Consumer Law Update: New Right To Withdraw Function Requirements

• State the withdrawal position clearly in the proposal

  Whichever category applies, state expressly whether the client has a withdrawal right rather than leaving it to be inferred from the nature of the project.

How to complete this architecture proposal

1. Identify the client and Perit. Name the client and the architect or practice submitting the proposal.
2. Classify the project. Determine whether the project is a new build, a substantial conversion, an extension, or another category.
3. Set the fee and validity period. Enter the proposed fee, payment schedule and how long the proposal remains open.
4. State the withdrawal position. Confirm whether the 14-day withdrawal right applies based on the project category, and whether an online withdrawal function is needed.
5. Send and record acceptance. Send the proposal and record how and when the client accepts it.

Frequently asked questions

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