~htmtl Regulations, 1990

L.t\'. 137 of I'M!

1I0MEOWNERSIIIP(ENCO URAGEMENT) ACT. 1988

(ACT NO. XXVIII OF 1988)

HOlM OwMnhip (Encouragemr;nt) (Subddy on AdlIptIltlon Work$

~htmtl Regulations, 1990

IN exercise o f the powers oonfened by section 3 of the Home

Ownership (Encouragement) Act, 1988, the Director o f SoOal

Housing. with the approval of the Parl iamentary S«retary in the

Mini stry for Social Policy with responsibi lity for Housing. hllli made the

followi ng regulations:-

I . These regulations may be ci ted as the Home Ownership

(Encourageme nt) (Subsidy on Adaptation Wo rb

Scheme)

Regu lations. Im.

!»ex ihajru Persuni jsiru Sid Darhoc .. (Ske ma gha] Sussidju fuq

Xoghlijiel to' lrranga r) .

The Scheme e ntitled Subsidy on Adaptation Wo rks Scheme.

1990 (Scheme SHO 15) in the Schedule to these regulations shall have

effect from the coming into force of lhese regulations for lhe

e ncouragement of home ownership in Malta IInd shall substitute the

sche me men tioned in lhe followi ng regulat ion.

J. The scheme entit led Subsidy on Adaptation Works in Owner

O<:eupied Dwelli ngs, Sc heme HO 12, publis hed by Government Notice

124 in the GO\'ern ment Gazette of the 16th February, 1988, is hereby

revoked .

SCHE DULE

( Regu lation 2)

Sub$idy on Adaptlll iOfl Worb SchelM, 1990

(Seheme SIID IS)

1_ l liis Scheme may be ci ted as the Subsidy on Adaptation Works

Sche me. 1990 (Scheme SHD 15) and shall apply 10 applications for

assista nce in the adaptation and improvement of owner (l(:QIpied

dwe lling-houses by persons to whom this Scheme applies.

In this Scheme unless the conte~ t o l/lerwise requ ires: -

2. ~appl icant'· means a person who applies for assistance unde r

th is Scheme for the carrying 0111 by him o f adaptation or

improvement works in a dwe ll ing· house of which he is the owner

and occupied by him as hi s ordi nary residence;

~ the Authority~ means the Housing Authori ty est ablished by

section 3 of the Housi ng Authori ty Act . 1976;

~ basic year"' means the year immediately preced ing the yellT in

which an application under thi$ Scheme is made;

"beneficiary- has Ihe same meaning assigned to il in sectio n 2

of the principal Act;

"the Direetor- means Ihe Director of Social Housing and

includes any person aUlhorised to act in his behalf;

"dwelling-house" has the same meaning assigned 10 it in

seclion 2 of Ihe principaL Act;

~Governmenl- means the Government of Malta ;

"ordinary residence" does not include a summer residence;

"owner- includes a co-owner and a person holding a dwelling-

house under a title of perpetual emphyteusis;

- prescribed - means prescribed by Ihe Director;

"the principal Ael"

means

the

Home

Ownership

(Encou ragement) Act, 1988.

(I ) Any person qualified to do so underthis Scheme may, nOI

later than the 31s1 December, 1990, mak e an application on the

pr~bed form to the Director requesting assislance for adaptation or

improvement works , or for both . of the Ir.ind specified in clause 7 of this

Scheme, in a dwelling-house occupied by him as his ordinary residence

and o f which he is the owner.

(2) A pe rson shall qualify 10 ma ke an application under Ihis

Scheme whe re. on the date of Ihe applica tion

(a) the applican t or. in the case of a married couple , the

applicant's spouse, is a citizen o f Malta; and

(b) the applicant is a residenl of Malta and has been so

resident a:mtinuously fOf not less than twelve consecutive months

immediately preceding the dale of the application; and

(c) the annual income of the applicant assessed III

accordance wilb tbe provisions of clause 5 of Ihis Scheme does nOI

exceed three thousand Maltese liri ( Lm 3,000) for the basic year.

(3) Subjeet to the provisio ns of sub-cLause (2) of this cl ause ,

an applicalion by persons engaged 10 each other shall be made in their

joint names and both mUSI be over eightee n years of age. In ruc:h a case

they shall be joimly and severally liable for the carrying out of alllhe

conditions laid down in this Scheme.

(4) Saving the provisions of sub-clause (5) of thi s clause. a

person shall not qualify to mak e an application unde r this Scheme

where: -

(a) the applicant or th e applica nt"s spouse has al read y

bellCfited from any assistance under what used to be known lIS the

MHom e Ownership Scheme" , or from the Scheme published by

Governm ent Notice 124 in th e Governme nt G azelle of the 16th

February, 1988, or from any other assistance for the

encouragement of home ownersh ip b)l tbe Departmen t of Social

Hou.sing o r by the Land Departme nt or by the Authority or by any

o f them jointly;

(b) assistance unde r this Scheme has already been granted in

respect of works to be carried out in the same dwell ing-house to

which the application refers.

(5)

A person who has al ready benefited under

(a)

an y scheme for the subsidisa tion o f rent; or

(b) any o f the schemes publ ished by Govern me nt Notices

Numbers 125. 12 7.128. 129. and 130 in the Governme nt Gau tteof

the 16th February. 1988; or

(c) the Subsidy on Interest o n 1·louse Loans (Private Sector)

Sche me. 1990 (Scheme Sli D 16); or

(d) the Purchase of Govern me nt Dwelling-Houses Scheme.

1990 (Sche me E): or

(e) the Purchase of Priva te Dwelling· Houses Scheme, 1990

(Scheme F);

shall not for tha t reason alone be disq ualified from making an

application unde r this Scheme

I' rovided that any person who hus already bcnefi lcd from the

Sc heme mentio ned in paragraph (c) of this sub-clause shall not qualify

to benefit unde r CIHUse 9 of thi s Schemc.

(6) An y ex.penses incurred by the applicant in connection

with his appl ication shall nOI be reoovcrable by the appl ican t whcthe r or

not his application is sua:cssfu1.

An applican t who is legally separated from his spouse shall

prod uce a copy of the final judgeme nt of the co mpetent court

pronounci ng $Cpa ration or a copy of the public deed effecting

se paratio n by mutu il l consent of the spouses with the authority of the

competen t cou rt.

(I ) For the purposes of Ihis Scheme, the income of the

applicant shall incl ude:-

(a) grossgainsorprofilsfrom any tr,lde, busi ness. profession

Or vocation excluding social insurance cont ribu tio ns;

(b) gross gains o r profits from any e mployment or offK:e

ucluding social insurance contributions and any earnings from

working o ve rtime;

(c) grossgail\5or profi ts arising from the sale of any property

o r from the carrying on or carrying OUl of any profit-mak ing

undertaking or scheme;

(d)

dividends, interests or di scounts;

(e) any pension. charge. ann ui ty or ann ual payment;

(f) ren ts, royalties, premiums and any ot he r profits arising

from property;

(g) the value of any produce receivable in respect of the use

of capital. property. seed or slock for the purpose of husba ndry or

any share of profits rCl:eivab le in respect of such use;

(h) any social benefit or allowance excluding any Children 's

Allowance, Special Allowance, Parental Allowance and

Handicapped Child Allowance payable unde r the Social Security

Ad,I987;

(I) any gains or profi ts falling under th e descriptions in the

forcgoing paragraphs made by the appl icant' s spouse or fian~eI

fian~;

(j)

any other gains o r profits.

(2) Where the applicant . and in the case of a married o r

engaged couple. !be applicant o r his spouse: or fiancUJfian~ , or both.

were gai nfully occupied during o nl y a part of the basic year, the gai nsor

profits from such occupation shall be projected pro rata for th e whole

basic ycar provided that the applicant. spouse o r fia nc\!elfianc:e, as the

case may be. is gainfully occupied on the date the Director rettives the

appl ication .

( I) The applican t and any member of the applicant's fam ily l1li."....,;.,.,.

shall give all that information regarding their financial means as they

may be required to give by the Directo r and for this purpose they shall

authorise the Commissioner of Inl and Reve nue , the Director of Social

Se<:urity and any o ther person as may be necessary. to give the Director

any in formation concerning th eir income during th e basic year.

(2) The Director may require tbe applicant to sign any

declaration he may col\5ider nt«Sury for the carryi ng out of this

Scheme and the applican t shall allow the Di reetor 10 insped his ordinary

resi~nce and any other te nement held by him as the DirCl:IOr may

requITe.

The adaptation and improvement works to whi ch this Scheme . . <Iop'.,.,., '"

applies are

(a) repairs 10 dangerous structures;

(b)

the replaceme nt of old water and e lectricit y installatio ns

(c) improvement works in bathrooms below an acceptable

standard

(d) the construction o f additional rooms for the

improveme nt of accommodation in accordance with Ihe needs of

the size of the applican t's family

(c)

the conSIruc1ion of wells;

the substitution of worn floor tiles;

(t)

(g)

repairs to an o ld d rain age system OT its substitution;

(h) tne replacement ofdoorsOTapc nuresorbolh. ast lle case

may be , which are below an ac:cc pl able standard

Provided that the provisions of this Scheme shall not apply to

any works co mmenced or carried out before the approva l by the

Director o f the application made in respect of those worb.

(I) Where the dwelling-house was oonstructed and ready fo r

habitation before the 1st Janu ary. 1960, the Director may gran t any

person qualified to make an application unde r thi5 Scheme an amount of

money in cash as assislance fo r the carrying out in Ihe said dwC'lIing-

OOIlSf:' oft hC' worD refC'rT<=d 10 in the application in accordance with the

following provisions of Ihis clause.

(2) Where the appli cant was al rC'ady the owner and Wa5

already living in th e dweUing·hOLlse on the da te of the coming into force

of this Scheme, the cash grant which may be paid by the Dir«tor shall

nOl exceed five hLlndred Mal tese lin (Lm 5(0) and in any case shall not

exceed 60% of the total 0051 of the works 10 be ca rried OLlt and approved

by the Director

Provided Ihal where the wo rks to be: carried OLlt fall unde r

pa ragraph (c) of clallSf:' 7 o f this SdIeme the cash grant 5hall not exceed

IIITee hLlnd red and fifty Malte$Cll iri (Lm3SO).

( 3) Subject to tile prov isions of SLlb...:lausc (4) and saving the

provisions of sub-clause (6) of tllis clause, wh ere the appli<:ant became

the o wner of Ihe dwelli ng-house aftC' r t he date of the coming into force

o f this Schcmc: -

(a) wh ere tile said dwell ing-house wasconslructed and ready

for habitatio n before the ISI January , 1939. IhC' cash grant which

may be: paid by the Directorshall nOI exceed one thousand and five

hundred MaltC'se lin (Lm I .500) and in any cru;e shall not exceed

80% of the tOlal cost o flhe works tobe carriC'd outand approvC'd by

the Di rector;

(b) whe re th e said dwell ing-house wa5 constructed and rea dy

fo r habita tion on o r after the ist January, 1939, the cash grant

which may be paid by the Director 5hall not exceed one Ihousand

Maltese liri (Unl ,000) and in any case shall not exceed 80% of th e

total 0051 of the works to be carried oot and approved by the

Director

Provided that wh ere the work!; to be carried oul fall under

paragraph (c) of clause 7 of thili Scheme the cash grant shall not e xceed

Ihree hundred and fi fty Maltese li ri (Lm350)

Provided also that any person whose application in accordance

with the provisi onsofth issub-dause has been approved by Ihe Director

shall be required. to e nte r into a public deed with the Director and

shoold that person fail to appear o n the deed whe n called opon to do so

by the Dire<:tor his appl ica tion shall be deemed to have been aba ndoned

and any approval by the Director oflhe said appli cation shall be witho ut

any effect.

(4) whe re the applicant became the owne r of the dwe lli ng·

house after tile coming into force of this Scheme by virtue of be in g a

be neficiary unde r: -

(a) any of the sche mes publis hed by Government Notices

Numbers 127. 128. 129. and 130 in Ihe Government Gazette of the

16th February. 1988; or

( b) the Purchase of Government Dwe lling-Houses Scheme.

1990 (Scheme E); or

(c) the Purchase of Private Dwelling-Houses Scheme. 1990

(Scheme F);

the provisions of sub-clause (2) of thi s clause shall apply as if the

applicant was alre ady the owner and was already living in the dwelling-

house on the date of the coming into force of Ihis Scheme .

(S) The works approved by th e Directo r shall be completed

within six months from the date o f such app roval and. savi ng the

provisions of sub-clause (6) of this clause. any grant under thi s clause is

payable when the Director has dete rmined that th e said work s ha ve

been carried out as approved by him.

(6) Where the appl ica tion is made under the provisions of

sub-clause (3) o f this cl ause and the applicant ca nnot occupy the

dwelling-house before th e works have been ca rried ou t

ta) in the case of a married applicant the cash grant shall not

be paid befoTC the applicant ()C(:upies the dwelling-house;

(b) in the case of an application by penons engaged 10 each

other the applicants shall ()C(:upy Ihe dwelling-house ...-i thin 18

months from the date o f the approval o f the cash grant.

(7) The: Director may also approve the subsidis<ltio!l of a

loan as provided in clause 90f this Scheme ~ving the provisions of sub-

clause (3) of that clause.

(I) Wbere the dwelling-house wasoonslructed and ready for

habi tation on or afte r the 1st January, 1960 the Dir~tor may approve

the subsidisation of a loan agreed 10 between an applicant qualified 10

make an application under Ibis Scheme and a financial institution

31JPTOVcd by the Director in which case the: provi sio ns of sub-clause (2)

o f this clause shall apply.

(2) The amount of any loan which ma y auract a subsidy

under the provisions of sutH:lause ( I) of this clause shall nol exceed two

thousand Maltese lin (Lm 2,000) and the subsidy shall be su"h that the

in terest payable by the applica nt shall nol al any lime exceed 3%.

(3) The foregoing provisions o f this clause shall not apply 10

any a~'Plieanl who is a beneficiary under the Subsidy 011 Interest on

House Loam; (Private Sector) Scheme. 1990 (Scheme SHD 16).

(1) Any dwelling·house whose owocr is a beneficiary under

paragraphs (a ) or (b) o f sub-<:laU$C (3) of clause 8 of this Scheme shall

nOl be tra nsferred under any ti tle, othe r than eowo mortis. by the

be neficiary unlCSlii he complies with the following provisions of this

clause.

(2) Where the transfer is to take place within the period o f

ten years from the date of the grant of any assistance undcrthis Scheme .

as shown in the first column of the Table annexed 10 the same Scheme .

the be nefi ciary sha ll . before the transfer is effected, refund to the

Director the whole or pan of the value of any grant and sub:sidy made

under this Scheme as laid dOWll in the second column of the said Table.

(3) Where the (ransfe r is to take place afte r ten years from

the date of the grant of any assistance under this Scheme the benerlciary

shall give the Directorone month's notice orhis in te ntion totransfer the

said dwelling-house and the Director shall thereupon te rm inate an y

arrange ment for the subsidy under this Scheme of any interests payable

by th e beneficiary.

(4) The provisions of sub-clauses (2) and (3) of this clause

shall also apply m utatis mU/attdis where the beneficiary does nOI

co ntin ue to occupy the dwelling-house as his ordi nary reside nce .

(I) In the case of a joint application be engaged persons.

whe re the e ngagement is subsequently dissolved

(a) both applicants shall, withm thirty days from the da te of such

dissolution, give notice thereof to the Di rector;

(b) the Director shall im mediately suspe nd any subsidy on

inte rests and any fun her withdrawals on any loan account pending

investigations and hi s final decision thereon ;

(c) the applicants shall. within thirty days from the dale of the

notice mentioned in paragraph (a) o f this sub-clause and in au:orw.nce

with and subject to the conditions laid down in the provisions o f clause

10 of this Scheme, jointly request in writing authority to transfer under a

title of sale or perpetual emphyteusis the dwelling-house in respect o f

which their application had been approved ;

(d) the applicants shall, within thre e mo nths from the date o f the

approval of thei r request made according to paragraph (c) of this sub-

clause, transfer the said dwelling-house as aforesaid

Provided that the Director may extend the mentioned period of

three mont hs as he may deem fit.

(2) Where the applicants fail locomply with the provisions of

paragraph (a) ofsub-elause ( I) of this cla use the provisions of panlgraph

(b) o f the same sub-clause shall apply from the date thatlhc Direclor

becomes otherwise aware of the dissolution of the e ngagement.

(3) Where, notwi thstanding the efforts of the applicants 10

comply with the provisions o f paragraphs (c) an<! (d) of Mlb-clause ( I) of

th is clause, the transfer of the dwelling- house cannot take place within

the period laid down in the said paragraph (d) because no purchaser or

acquirer o f the dwelling-house comes forward to conclude the transfer,

the Director shall have the right to purchase or acquire the said

dwelli ng-house from the applica nts at a price fi~ed by an architect

designated for the purpose by the Director or to require the applicants

to authorise him to tran sfer as aforesaid the same dwelling-ho use on

the iT behalf.

(4) Whe re the Director exercises his aforesaid right to

purchase or acquire the dwelling-house, from the price dctennined in

acoordana with the provisions of sub-clause (3) of this clause the

Director shall deduct any gran t or subsidies from which the applicants

bene fited unde r this Scheme and all expenses and pe nalties as

de te nnined by Ihe Director and the remaining balance shall be the

amount payable to Ihe applicants on the deed of transfer saving any

ohligations entered into by them in favour of the financial in§litulion

approved by the Director in respect of any loan advanced to them.

12, ( I) If atanyli~ it resull5 tballhe 8ppli~ant has made 3 false

,,-

decla ra tion fo r Ihe purposes of any application made by him under the

dotl ... ' ......

provisions o f this Scheme the appli~ant, without prejudice to any

punishment for which he may have become liable under any other law ,

sha ll be liahle to the payme nt to the Director of a penalty equivalent to

the amount o f any grant and o f any subsidy received by the applica nt

unde r this Scheme.

(2) Any person who has made a false declaration as provided

in sub-clause (I) of this clause shall be disqualified fo r a period of five

yea rs from benefiting from any scheme made with the approval of the

Parliamentary Secretary responsihl e for housing.

(I) An y applica tion under this Scheme shall be lodged

personall y or hy registered post by the applican t wilh the Director .

(2) Wh cre any applicanl , whe n called upon 10 do so by the

Director. fails to al)pear on the public deed mentio ned in the second

proviso of sub-clause (3) of cla use 8 of this Scheme hi s application shaH

be deemed 10 have been aba lldoned.

No twith standing anything contained in the foregoillg

provisions o f this Scheme the Director shall have the right 10 refuse any

applicatio n.

TABLE

(Clause 10)

Fi rst Columll

Pe riod in Years Afte r Date

o fG ran l o f Assistancc

ICSSl han4 ................................................... .

4 or more bU l less than S ................................. .

S or more bu t Icss than 6 ................................. .

6 or more bu t less than 7 . .. . .. .. .... .. ......... . ......... .

7 or more but less than 8 ............... ........ .. ........ .

8 or more bU I Icss than 9 .............................. ... .

90 rmorebu l less than 10 . ......... . ...... . .. ........... .

....

I J'I"'~I, ~"' .,od·Do"' ......... '"' "'I"~,""",,'~""·

,.,,"",J.,o,i~,

Ih""""""",,," I,,~""","''"

" ..... ,1..

ft.I,,",,,,,,,",,,, 1.OIo(i,<,.

1',,_ ...... I;,.·" ....... , I~'"_ ,.,...,

' h'~