HOUSING ACT (preamble—housingact)

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CHAPTER 125

HOUSING ACT

To make provision for securing living accommodation to the homeless,

for ensuring a fair distribution of living accommodation and for the

requisitioning of buildings.

12th February, 1949

ACT II of 1949 as amended by Government Notice 239 of 1950; Acts III

of 1952 and XII of 1957; Emergency Ordinances V and XV of 1958;

Ordinance XXV of 1962; Legal Notices 4 of 1963 and 46 of 1965; Acts

XXXI of 1966, IV of 1973 and LVIII of 1974; Legal Notice 148 of 1975;

Acts XIII of 1983, XXXVII of 1989, VIII of 1990, XIV and XXIII of 1992, III

of 1995 and XXIV of 2021; and Legal Notice 409 of 2007.

The short title of this Act is the Housing Act.

In this Act, unless the context otherwise requires -

"building" means a house or other building, or part thereof, used

or capable of use for residential purposes, and includes any land or

garden forming an integral part, or enclosed within the precincts, of

such a house or other building; but does not include a tenement

falling within the definition of shop under article 2 of the Reletting

of Urban Property (Regulation) Ordinance;

"Director of Social Housing" or "Director" means the public

officer appointed by the Prime Minister to be the Director of Social

Housing for the purposes of this Act;

"Minister" means the Minister responsible for housing

Provided that the Minister may, by writing under his hand,

delegate all or any of his powers and duties under this Act to an

officer of his Ministry, and, to the extent of such delegation, if

made, any reference to the Minister in this Act shall include a

reference to such officer;

"requisition" means take possession of a building or require the

building to be placed at the disposal of the requisitioning authority;

"requisitionee" means the person or persons from whose

possession a building has been requisitioned by the requisitioning

authority.

(1) If it appears to the Director of Social Housing to be

necessary or expedient so to do in the public interest, but only for

the purpose of providing living accommodation to persons or of

ensuring a fair distribution of such living accommodation, he may

requisition any building, and may give such directions as appear to

him to be necessary or expedient in order that the requisition may

be put into effect and complied with.

(2) A requisition order made under subarticle (1) shall be

served on the person entitled to the immediate occupation of the

building requisitioned, or his agent or representative, and where the

building, is held by the occupant on lease, or on a temporary

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emphyteusis expiring not later than five years from the date of the

order, it shall also be served on the landlord or the direct owner, as

the case may be, or their agent or representative

Provided that where a title to any building as aforesaid, or to its

occupancy, belongs to more than one person, service of the

requisition order on any one of such persons shall, in respect of the

title held in common with others, have effect as if it had been

served also on all such other persons.

(3) Where, after the exercise of due diligence, any person on

whom a requisition order is to be served, or his agent or

representative, cannot be found, or if found refuses to accept the

order, the requisition order shall be deemed to have been validly

served on such person, and on such other persons as would have

been deemed to be served with the order had it been served on such

persons, if notice of the order is given in the Government Gazette

and in not less than three daily newspapers published in Malta.

(4) A requisition order made and served in accordance with the

provisions of this article shall operate and have full effect against

all persons and shall remain so operative and effective until the

building is derequisitioned.

(5) Any police officer not below the rank of sergeant may, on

instructions from the Director, take such steps and use such force as

appear to him to be reasonably necessary for securing compliance

with directions given to any person under the provisions of this

article or of article 9 requiring him to give up possession of the

building

Provided that the Director shall not give such instructions

as aforesaid except in cases connected with reconstruction or with

replanning, or with mass evacuation, or in the case of unauthorized

occupation, or in other cases which the Director deems urgent, and

except so far as they are reasonably justifiable in a democratic

society.

(6) Where a building requisitioned under this article is vacated

and belongs in absolute ownership or on emphyteusis to a person

who proves to the satisfaction of the Director that he intends to take

possession of the building to establish therein his ordinary

residence or that of any of his children, the Director shall allocate

the building to such person, or any of his children aforesaid, as the

case may require; and if such ordinary residence is in fact so

established within six months from the date of the allocation, or

such later date as the Director may for a good reason allow, and

continues for a period of not less than two years, the Director shall,

if he is so requested, derequisition the building.

(7) Where a requisition order has been made, and the

requisitionee shows to the satisfaction of the Director that he is

unable to procure transport for the removal of, or alternative

storage place for, the furniture or other articles existing in the

building requisitioned, it shall be the duty of the Director to

provide such means of transport and alternative storage place as

may be required, without prejudice to the provisions contained in

subarticle (9).

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(8) Where any requisition order is not complied with, or where,

after the exercise of due diligence, no person having the right of

immediate occupation of the building requisitioned, or his agent or

representative, can be found, the Director may give such orders as

he may think fit for the removal and storage of the furniture or

articles existing in the building

Provided that before such removal an inventory of the

furniture or articles aforesaid shall be made and signed by the

Director or his representative in the presence of a Police officer not

below the rank of sergeant, who shall also affix his signature to the

inventory.

(9) In every case where the transport or storage place of

furniture or articles is provided by the Director under this article,

such furniture or articles shall, during transport and storage, remain

at the sole risk of the owner thereof and, in respect of storage,

likewise at his charge; and no compensation shall be payable in

respect of any deficiency therein or damage thereto if it is proved

that such deficiency or damage was not caused by negligence on

the part of the Director or persons acting on his instructions.

(10) While a building is in the possession of the Director by

virtue of this Act, the building may be used only for the purposes

set out in subarticle (1), but, save as aforesaid, the Director, so far

as it appears to him to be necessary or expedient in connection with

the taking of possession or use of the building in pursuance of this

Act, may do, or authorise persons using the building to do, in

relation to the building, anything which any person having an

unrestricted interest in the building would be entitled to do by

virtue of that interest.

(1) Any person, if requested by or on behalf of the Director

so to do, shall furnish to the Director, or to such other person as

may be specified in the request, such information in his possession

relating to any building, being information which may reasonably

be demanded of him in connection with, or which the Director

deems necessary for, the taking of possession of any building or

with the accommodation of persons therein, as may be specified.

(2) The Director or any other person deputed in writing by the

Director for the purpose may require any information required

under the last preceding sub-article to be given in writing and the

statement to be signed by the person giving the information. In the

case of an illiterate person, the Director or, as the case may be, any

other person aforesaid may require the statement by the person

giving the information to be marked by that person in the presence

of two witnesses who shall sign the statement.

(3) Whosoever knowingly gives any information under the

foregoing provisions of this article which is false or incorrect in

any material particular shall be guilty of an offence under this Act

and shall be liable, on conviction, to a fine (multa) of not less than

two hundred and thirty-two euro and ninety-four cents (232.94) but

not exceeding one thousand and one hundred and sixty-four euro

and sixty-nine cents (1,164.69) or to imprisonment for a period of

not less than fifteen days and not exceeding three months, or to

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both such fine and imprisonment.

(1) Subject to the provisions of the next following sub-

article, the Director shall have the same rights and obligations in

respect of repairs and maintenance of a requisitioned building as a

tenant under the relevant provisions of the Civil Code.

(2) When a building which has been in the possession of the

Director under the provisions of this Act is vacated, the Director

(unless the requisitionee prefers to retain same paying

compensation as laid down in article 1564 of the Civil Code), may

remove all fixtures or other improvements of whatsoever nature

made therein during the requisition period, making compensation

to the requisitionee for the damage which may have been caused by

the placing or by the removal of those fixtures or other

improvements.

The possession of any building which has been taken by

the Minister or by another competent authority under or in virtue of

the Malta Defence Regulations, 1939 * , or under or in virtue of the

Protection Office Regulations, 1942, published by Government

Notice No. 435 dated the 20th August, 1942 † , shall, where the

building on the date of enactment of this Act is still in the

possession of the Minister, be deemed to have been taken under the

provisions of this Act.

Any building which was in the possession or at the disposal

of or held by the Minister by virtue of a requisition made in

accordance with the provisions of this Act, and in respect of which

a tenancy or subtenancy was not created by virtue of article 8, shall

be deemed to have been requisitioned by the Director and to be in

his possession or at his disposal or held by him, as the case may be.

(1) Where any persons have been accommodated in a

building which is held by virtue of a requisition, the Director may

at any time, by means of a judicial letter, require the requisitionee

to recognize the persons so accommodated as tenants or as sub-

tenants of the building, as the case may be.

(2) Within thirty days of service on him of a judicial letter

under the last preceding sub-article, the requisitionee, by

application before the First Hall of the Civil Court in contestation

of the Director, may pray for an authorization of non-compliance

with that request

Provided that, in the case where the building has been

requisitioned from the tenant, the latter, by a judicial letter to be

filed within fifteen days from service on him of the judicial letter

provided for in the last preceding sub-article, may inform the

Director that he does not wish to retain the tenancy, and thereupon

the Director shall be entitled to take action under the last preceding

sub-article against the landlord.

*No longer in force.

†Repealed by Government Notice No. 323 of 25th May, 1949.

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(3) The court shall not grant the authorisation of non-

compliance mentioned in the last preceding sub-article unless the

applicant shows to the satisfaction of the court that serious hardship

would be caused to him by complying with that request

Provided that the assertion that the requisitionee wishes to

take possession of the building for his own use or for the use of any

member of his family shall not be considered of itself as a hardship

for the purposes of this subarticle.

(4) Any subtenancy created by virtue of this article shall not be

deemed to be a subtenancy for the purposes of article 9 of the

Reletting of Urban Property (Regulation) Ordinance.

(5) No right of preference under the Civil Code or under the

Rent Restriction (Dwelling Houses) Ordinance, shall be competent

in respect of any tenancy or subtenancy created by virtue of this

article.

(6) Where a tenancy or a subtenancy is created by virtue of this

article, then, unless an agreement to the contrary is lawfully

reached, a contract of lease or sublease of the building under the

usual conditions laid down by the Rent Regulation Board

established under the Reletting of Urban Property (Regulation)

Ordinance and for a period of three months, to be reckoned from

the date of definite recognition, shall be deemed to have been

entered into between the requisitionee of the building and the

person accommodated therein, and rent, equal to the periodical

amount paid or payable by the Director as compensation for the

occupation of the building, shall be payable quarterly in advance in

respect thereof.

Where a person has been accommodated in a building

requisitioned under this Act, the Director may, even though such

person pays compensation in respect of such accommodation, order

him to quit such building and to surrender the same to the Director

within such time as the Director may determine, if he is of opinion

that such person is not making use of the building for residential

purposes, or is the owner of or has or who is otherwise provided

with another building which he can use as his and his family’s

residence, or if it is reasonably required so to act in the interests of

defence, public safety, public order or public health.

The Director or any other person deputed in writing by the

Director for the purpose may enter any building at all reasonable

times with a view to obtaining information to enable him to carry

out any of his powers under this Act.

(1) Subject as hereinafter provided, the compensation

payable in respect of the requisition of a building, except for

buildings used for a residential purpose, shall be the aggregate of the

following sums, that is to say-

(a) a sum equal to the rent which might reasonably be

expected to be payable by a tenant in occupation of the

building during the period for which possession of the

building is retained by virtue of the provisions of this

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Act, under a letting granted immediately before the

beginning of that period

Provided that where the building is used by the Director

or by a person accommodated therein after a

requisition, as a dwelling house within the meaning of

the Rent Restriction (Dwelling Houses) Ordinance the

rent shall not exceed the fair rent as defined in article 2

of the aforesaid Ordinance;

(b) a sum equal to the cost of making good any damage to

the building which may have occurred during the

period in which possession thereof under requisition

was retained (except in so far as the damage has been

made good during that period by the occupant of the

requisitioned premises or by a person acting on behalf

of the Director), no account being taken of damage

which, under the provisions of this Act, is the

responsibility of the requisitionee;

(c) a sum equal to the amount of expenses reasonably

incurred, otherwise than on behalf of the Director, for

the purpose of compliance with any directions given

by or on behalf of the Director in connection with the

taking possession of the building, but without

prejudice to the provisions of article 3(5).

(2) Any compensation under subarticle (1)(a) shall be deemed

to accrue due from day to day during the period in which

possession of the building is held in the exercise of the powers

vested in the Director by this Act, shall be apportionable in respect

of time accordingly; and shall be paid to the person who for the

time being would be entitled to occupy the building but for the fact

that it is requisitioned; but the provisions of this subarticle shall not

operate so as to require the making of payments by the Director at

intervals of less than three months.

(3) Any compensation under subarticle (1)(b) shall accrue due

at the end of the period in which possession of the building is

retained in the exercise of the powers vested in the Director by this

Act, and shall be paid to the person who is then the beneficial

owner of the building.

(4) Any compensation under subarticle (1)(c) shall accrue due

at the time when expenses in respect of which compensation is

payable are incurred, and shall be paid to the person by whom or on

whose behalf those expenses were incurred.

(5) The compensation that shall be payable in respect of the

requisition of a building used for a residential purpose shall, upon the

demand by the person holding a title over the building, be reviewed to

an amount not exceeding two percent (2%) per annum of the free and

open market value of the dwelling-house on 1 January of the year in

which the application is filed.

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(1) Compensation under articles 11(1)(a) and 11(5) shall, in

all cases, be assessed by the Rent Regulation Board established

under the Reletting of Urban Property (Regulation) Ordinance

which for that purpose shall have exclusive jurisdiction subject to

appeal in cases allowed by that Ordinance

Provided that, without prejudice to the application of the

Controlled Residential Leases Reform Act, 2021,in respect of

dwelling houses within the meaning of the Rent Restriction

(Dwelling Houses) Ordinance, possession of which has been taken

by the requisitioning authority before the 22nd February, 1946 and,

at the time of the hereunder mentioned application, is still retained

by that authority, the requisitioning authority or the requisitionee

may at any time apply to the said Board for the assessment of the

fair rent as defined in article 2 of the last mentioned Ordinance, and

such fair rent shall be the compensation payable under article

11(1)(a) in respect of that possession as from the date of service of

the application on the requisitionee or his representative or, as the

case may be, on the requisitioning authority.

(2) Compensation under article 11(1)(b) and (c) shall, in case

of disagreement, be assessed by the First Hall of the Civil Court.

Any compensation which, prior to the coming into

operation of this Act, has been lawfully assessed shall be deemed to

have been so assessed under and for the purposes of this Act,

without prejudice however to the provisions contained in articles

12(1) and (5).

The Minister may make and when made amend, repeal or

repeal and re-enact regulations for the purpose of carrying the

provisions of this Act into effect and in particular, but without

prejudice to the generality of that power, for all or any of the

following purposes

(a) for requiring any returns to be made in respect of

buildings, or any class thereof, their occupation and

use;

(b) for maintaining an equitable distribution of housing

accommodation;

(c) for determining within the upper limits set out in

article 17 special penalties applicable in respect of any

breach of any regulation so made;

(d) for fixing storage fees and for providing for the

retrieval or disposition of furniture or articles,

including the sale thereof, removed from a building

requisitioned under this Act.

Nothing in this Act contained shall confer any right upon

any person to demand the exercise in his favour or in favour of any

other person of any requisitioning or other power vested in the

Minister.

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Without prejudice to any special provision contained in

this Act, a requisition order or a notice to be served on any person

for the purposes of this Act or of any regulations made thereunder

may be served by sending it by registered letter post addressed to

that person at his last or usual place of abode or place of business,

and shall be presumed, saving any proof to the contrary, to have

reached the addressee in the normal course of the postal service.

(1) Any person who, without lawful excuse, the proof

whereof shall lie on him, commits any breach of any order or

regulation given or made under this Act, whether by doing anything

which he ought not to do or by omitting anything which he ought to

do, or by preventing other persons from doing anything which they

are enjoined or permitted to do or by undoing or frustrating

anything which other persons may have done under the provisions

of this Act or of any order or regulation thereunder, or by hindering

or obstructing the Director or any other person acting on his behalf

under his authority, shall be guilty of an offence under this Act and

shall, on conviction, be liable to a fine (multa) of not less than two

hundred and thirty-two euro and ninety-four cents (232.94) but not

exceeding one thousand and one hundred and sixty-four euro and

sixty-nine cents (1,164.69) or to imprisonment for a period of from

fifteen days to three months or to both such fine and such

imprisonment

Provided that any person who commits an offence against

the provisions contained in article 4(1) and (2), shall on conviction

be liable to a fine (multa) of not less than eleven euro and sixty-five

cents (11.65) than two hundred and thirty-two euro and ninety-four

cents (232.94) or to imprisonment for a period of fifteen days to

three months or to both such fine and imprisonment.

(2) In the case of any such breach, the court, besides awarding

punishment or applying the provisions of articles 7 and 22 of the

Probation Act shall order the offender, where the occasion so

requires, to comply with the law within a time, sufficient for the

purpose, to be fixed by the court; and, if the offender fails to

comply with any such order within the time so fixed, he shall be

liable to a fine (ammenda) of from one euro and sixteen cents

(1.16) to twenty-three euro and twenty-nine cents (23.29) for every

day the default continues after the expiration of the said time.

(3) The court may also order that physical compliance with the

requirements of law be carried out by the Police at the expense of

the offender, in which case the offender may be made to refund the

expense, under the warrant issued by the court.

(4) The powers given to the court under subarticles (2) and (3)

shall be deemed to be without prejudice to the powers of the

Director under article 3 or to any other power given or which may

be given to him or to any other person by any regulation.

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(1) Any offence under this Act or under any order or

regulation made thereunder shall, for the purpose of the Criminal

Code, fall into the class of contraventions, even where the

punishment provided in respect of that offence is higher than those

laid down in the said Code in respect of contraventions

Provided that criminal action arising out of any provision of

this Act shall be barred by the lapse of one year unless a longer

period is necessary under any other law in respect of any specific

offence.

(2) Every punishment provided for any offence under this Act

shall be deemed to be so provided without prejudice to any higher

punishment applicable to the offence under any other law whenever

the circumstances set out in such other law concur in the offence. In

any such case the punishment laid down in that other law shall

apply.

(3) Any proceedings for any offence under this Act shall be

instituted by the Police in the Court of Magistrates, sitting in a

Court of Criminal Judicature.

(4) Notwithstanding the provisions of article 413 of the

Criminal Code, every decision of the Court of Magistrates in

respect of an offence under this Act may, in all cases, be appealed

against by the Attorney General and by the party convicted.

(1) When the alleged offender is, on account of mental

disease or physical disability, unable to appear in court, or is absent

from Malta or has absconded, and the Director certifies on oath that

it is urgently required that the law be enforced, the court shall order

the summons to be served on any known lawful representative of

the alleged offender or on any known person having the custody in

fact of the alleged offender or, if the alleged offender has not a

known lawful representative or is not under the custody in fact of

any known person, on his husband or wife or on a near relation by

consanguinity or affinity or on any person, if any, entrusted with

the management of his property.

(2) In any such case the court shall apply the provisions of this

Act; provided that where there is room for the application of any

punishment under article 17(1) and (2) against such offender, the

court shall, for the purpose of determining whether or not the

punishment is to be applied, adjourn the case until he is fit to stand

trial or until his return.

(1) All trials in respect of offences under this Act shall be

deemed to be urgent and not to admit of any delay for the purposes

of articles 361 and 364 of the Criminal Code.

(2) In respect of an appeal from a decision concerning an

offence under this Act, the application referred to in article 417 of

the Criminal Code shall be filed within two working days and, in

the case of an appeal from a decision of the Court of Magistrates

(Gozo), within five working days. Such periods shall run as

provided in that article.

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Notwithstanding anything contained in this or any other

law, a right to appeal to the Court of Appeal whether on a point of

law or of fact shall lie from the decision of any Board, tribunal or

court, whereby the amount of any compensation due under this Act

has been assessed, and such appeal shall be entered in the same

manner and within the same term as an appeal on a point of law to

the same court is to be entered from a decision of such Board,

tribunal or court.

With effect from the 1st March, 1995, the Director of

Social Housing may not requisition any premises under article 3

Provided that the provisions of this Act and of article 10 of the

Housing (Amendment) Act, 1989 shall continue to apply to any

building in the possession of the Director of Social Housing on the

28th February, 1995.