Development Planning (Fees) Regulations, 2010

L.N. 356 of 2010

DEVELOPMENT PLANNING ACT

(CAP. 356)

Development Planning (Fees) Regulations, 2010

IN exercise of the powers conferred by articles 41, 42 and

60 of the Development Planning Act, the Prime Minister and the

Malta Environment and Planning Authority, with the concurrence

of the Minister of Finance, the Economy and Investment, have

made the following regulations:-

(1) The title of these regulations is Development

Planning (Fees) Regulations, 2010.

(2) These regulations shall apply to

(a) all applications which are received on or after the

coming into force of these regulations; or

(b) all applications where the fees payable are re-

calculated by the Authority as a result of a change in the

original application, on or after the coming into force of these

regulations; or

(c) all applications received prior to the coming into

force of these regulations and where a bill for fees has been

issued by the Authority on or after the date of coming into

force of these regulations, and such fees are not paid within

30 calendar days from date of issue of the bill; or

(d) all applications received prior to the coming into

force of these regulations and where a bill for fees has been

issued by the Authority before the date of coming into force

of these regulations, and such fees are not paid within 30

calendar days from date of the coming into force of these

regulations.

(1)

In these regulations, unless the context otherwise

requires –

“the Act” means the Development Planning Act, 1992,

or any Act superceding this Act;

“the Authority” means the Malta Environment and

Planning Authority;

“alterations” means structural interventions to the

interior and, or exterior of a building which do not result in an

increase in the floor area of the building being altered;

“amended application” means an application for

amendments to a development, relating to changes in the

internal layout or external appearance, for which permission

has already been granted and is still valid

(a) in respect of the same site and involving

development of the same general character and

description; and

(b) which does not involve a different use or an

increase in the number of dwelling units, and increase in

floor area;

“agricultural building” means a building used for

agricultural purposes, including the storage of agricultural

implements, but not for

(a)

the keeping of livestock or animal husbandry;

(b)

the slaughter of animals; and

(c)

the processing of animals or animal products;

“application” means an application for development

permission;

“boathouse for a registered fisherman” means a

boathouse used for the storage of fishing boats and equipment

used in the course of the registered occupation;

“bungalow” means a single dwelling unit, whether

detached or semi-detached, where appropriate, consisting of

not more than one habitable floor unless it is located within

the development boundaries in an area designated for more

dense development;

“commercial development” means a development which

is non-residential and non-agricultural and not listed separately

in any other group in Schedule 1 to these regulations;

“compliance certificate” means a certificate referred to

in article 61(2) of the Act;

“demolition of a building” means the pulling down or

removal of 75% or more of the roofed area of any particular

unit, where the existing unit is larger than 30 meters squared;

“designated officer” means such officers of the Malta

Environment and Planning Authority designated by it to

formally endorse Development Permit Application Reports,

who shall normally be the Senior Planning Officers and

Managers of the Area Teams and the Manager of the

Development Control Unit;

“Development Permit Application Report” means

the report prepared on an application for development

permission which is submitted to a designated officer or to

the Development Control Commission;

“Development Permit Fee” includes the Environment Fee;

“dwelling” means any building or unit used for

residential purposes, but excludes a hotel, guest-house, old

people’s home and commercial establishments of similar

nature;

“endorsement” means the formal acceptance of a

Development Permit Application Report by a designated

officer such that the application is then forwarded for

determination by the Development Control Commission

or determined by a designated officer under the powers so

delegated by the Malta Environment and Planning Authority;

“engineering operations” include the formation or

laying out of roads and of means of access to roads; the

movement, re-grading or surfacing of land including the

creation of formal gardens or cemeteries; the construction or

excavation of reservoirs not ancillary to a dwelling or when

the applicant is not registered as an arable farmer with the

Department of Agriculture; the construction of bridges and

similar structures; the construction of sea defences, piers and

similar structures; the creation and replenishment of beaches

and other operations affecting beaches; the siting of moorings,

and similar operations, whether on land or on the seabed; and

excludes land reclamation for agricultural purposes;

“Environment and Development Brief” means a

statement approved by the Malta Environment and Planning

Authority wherein parameters for acceptable development on

a site are specified;

“extension” means an increase in the floor area relating

to the same use as the existing unit being altered;

“film set” means the use of land, or the placing,

installation or construction on land of structures, for the

purpose of the production of films, television programmes,

videos or other audio-visual productions;

“flat” means a single dwelling unit within a building

which contains several similar units which do not have their

own separate entrance from the street but share a common

access;

“floor area” means -

(a) for residential purposes the amount of floor

area within a building determined by the external

measurements of the building, that includes the

thickness of the external walls and half the thickness

of dividing or party walls, and includes any staircase,

lift, shafts, internal yards, back yards, front gardens,

self-imposed setback, estate or plot gardens, verandahs,

open terraces within the building foot print at the upper

levels, and terraces formed at roof level when these

belong to penthouses or where shared by multiple

owners, accessible through a permanent common access,

canopies and other structures within the site boundaries

and interconnected garages, unless specifically set out

within these regulations; and

(b) for non residential purposes, the amount of

floor area within the site boundaries determined by the

external measurements of the building, that includes the

thickness of the external walls and half the thickness

of dividing or party walls, and includes any staircase,

lift, shafts, internal yards, back yards, front gardens,

verandahs, terraces, interconnected garages, canopies

and other spaces, including open spaces used for

commercial purposes;

“garage “ means a garage or space used for the parking

of vehicles, whether enclosed or unenclosed, and whether or

not above or below ground level;

“land reclamation for agriculture” means the reclamation

of land, including the deposit of material and the altering of

the level of the land, for the purposes of agriculture;

“livestock farm building “ means a building used for the

accommodation of livestock and for the storage of fodder or

implements related to the same activity, but does not include

farmhouses, greenhouses, buildings used for agricultural

purposes or buildings used for the slaughter of animals or

processing of animals or animal products;

“maisonette” means a single dwelling unit on one or

more floors, having a separate entrance from the street,

located in a building consisting of more than one unit;

“penthouse” means a separate single dwelling which

consists of one floor constructed above height limitation on

the roof of a building, and which does not occupy the whole

of the roof area and does not have permanent access to roof

level;

“planning control application” means those applications,

not being applications for development permission, which

require the approval of the Malta Environment and Planning

Authority for such changes to the Local Plans and, or the

detailed alignments of buildings and streets within such Local

Plans;

“plant and machinery” means mechanical equipment or

structures erected or placed on land but not within a building;

“public car park” means a building or area exclusively

used for parking of vehicles and is not ancillary to any other

use on site.

“registered fisherman” and “ registered farmer” mean

a fisherman or a farmer registered with the Department of

Agriculture and Fisheries, as the case may be;

“relevant Department” means, for the purposes of

the main sewer contribution, the Drainage Section of the

Water Services Corporation, and for the purposes of the

street contribution, Transport Malta and any other body

which subsequently assumes the responsibilities of these

Departments or entities;

“renewal application” means an application for the

renewal of a development permission granted by the Authority

in respect of the same site which is submitted before such

permission expires;

“screening” means the process during which the

proposed development is considered by the Authority prior to

the submission of the formal application;

“site area” means the total area of land which is the

subject of the application, and is marked in red on the site

plan submitted with the application;

“special building” means a building providing an

institution, club, society or other organisation of a religious,

cultural, philanthropic, sporting or social nature not including

Government departments or parastatal bodies with the

facilities necessary for the pursuit of its objects, including

schools, hospices, homes for the elderly, hospitals and similar

buildings or uses, where the institution, club, society or other

organisation is declared as being tax exempt by the Minister

responsible for finance by regulations made for that purpose;

“temporary structure / use of land” means the use of land

for one use or purpose, which may include the setting up of a

structure which is demountable and does not require the laying

of foundations and is placed on the ground and constructed

from impermanent materials, including canvas, other fabric,

PVC and similar materials, and includes a tent, marquee,

canopy or other structure of a similar nature. (“impermanent

material” means material which does not consist of stone,

bricks or concrete or, any other similar material). Provided

that where such use of land is not specified in an approved

development plan, such use shall be carried out for four

months or less in any one calendar year;

“terraced house” means a single dwelling unit on a

site consisting of one or more storeys in a row of three or

more dwellings and includes the dwellings at the ends of the

terrace;

“validation” means the acknowledgment by the Malta

Environment and Planning Authority of the receipt of a valid

application for development permission, that is an application

in respect of which all the requirements for the submission of

an application have been fulfilled;

“vicinity” means a distance within 500 metres of the

original site;

“villa” means a detached or semi detached single

dwelling of not more than two habitable floors. This includes

flatted dwellings (regulated by Policy 3.5 of Development

Control Policy and Design Guidance, 2007, or future updates

thereto) located in an area designated for villa development.

(2) In either Schedule 1 or Schedule 2 to these

regulations, any expression defined in the Act has the same

meaning as it has in the Act.

There shall be charged by the Authority a development Payment of

permit fee (DPF) and Environment Fee as the charge to be paid in Development

respect of an application for permission to carry out development, Fee.

at the rates set out in Schedule 1 to these regulations.

There shall be charged by the Authority an infrastructure Payment of

services contribution (Sewer and Street) as the rate of contribution Infrastructure

to be paid towards the cost of infrastructure services and other

services or facilities arising from any permission to develop land,

at the rates set out in Schedule 2 to these regulations.

The Building Levy Rates Regulations, 1996 are hereby

1996. revoked.

B

Schedule 1

1. Except as otherwise provided, the relevant fees at the rates specified in this Schedule, shall

be paid in respect of applications for development permission according to the nature of the

development and calculated as herein provided:-

Development

Environment

DPF

Sewer

Street

Fee

Rate (
)

Rate (
)

Rate (
)

Rate (
)

Per

Per

Per

Per

Per

Per

Per

Per

m 2

m 2

m 2

m 2

Unit

Unit

Unit

Unit

Advertisements

104.12

-

-

-

-

-

00

-

Agriculture

0.96

-

1.98

-

0.94

-

0.05

-

Boathouse For Registered Fisherman

2.08

-

3.29

-

1.88

-

0.20

-

Bungalow

90

-

5.60

-

2.80

-

0.12

-

Change Of Use To Non Residential

9.07

-

-

-

-

-

0.80

-

Commercial Development (including

9.07

-

5.97

-

3.22

-

0.80

-

extensions)

Engineering Operations

0.57

-

-

-

-

-

0.30

-

Env. & Dev. Brief/Outline Applications

0.42

-

-

-

-

-

-

-

- Normal Buildings

Film Set

2.12

-

-

-

-

-

0.15

-

Flat / Terraced House / Maisonette

1.24

-

3.08

-

1.68

-

0.12

-

Greenhouse

0.69

-

-

-

-

-

0.05

-

Land Reclamation for Agriculture

0.71

-

-

-

-

-

0.10

-

Livestock Farm Building

0.96

-

-

-

0.94

-

0.05

-

Other Garages

5.95

-

3.29

-

1.88

-

0.10

-

Penthouse

02

-

12.69

-

5.17

-

0.12

-

Plant and Machinery

0.57

-

-

-

-

-

0.30

-

Public Car Park

6.35

-

5.97

-

3.22

-

0.80

-

Quarry (New / Horizontal Extension)

1.28

-

-

-

0.47

-

0.30

-

Temporary Structure / Use Of Land

2.12

-

-

-

-

-

0.15

-

Villa (Semi / Fully Detached - 2

7.29

-

5.60

-

2.80

-

0.12

-

dwelling units) / Farmhouse

Waste Disposal

1.42

-

-

-

-

-

0.30

-

As Per

As Per Residence

- 594.97

-

50.00

Change Of Use To Residential

Residence in m
in m

Satellite dishes above 2m diameter or

- 150.00

-

-

-

-

-

5.00

telecommunication antennae

Other development not otherwise

- 150.00

-

-

-

-

-

5.00

specified

Vending Machine

- 150.00

-

-

-

-

-

10.00

B

Development

Environment

DPF

Sewer

Street

Fee

Rate (
)

Rate (
)

Rate (
)

Rate (
)

Per

Per

Per m 2

Per m 2

Application

Application

Correction Of Site, CPPS Revision

150.00

-

-

-

Request

Demolition of Building or Structures

1,985.72

-

-

140.00

(Floor Area > 30m)

Env. & Dev. Brief/Outline Applications

212.49

-

-

-

- Special Buildings / Uses

Extensions to dwellings, Alterations,

150.00

-

-

00

Renewal,Amended Application &

Minor Amendments

1,487.43

-

-

120.00

Quarry - Vertical Extension

148.74

3.29

1.88

15.00

Special Buildings or Uses

Fee

Rate

Compliance Certificates

60.00

Development Notification Orders –

60.00

Alterations

Development Notification Orders –

120.00

Extensions/New Development

Planning Control Applications per

235.00

150m of site or part thereof

B

Provided that

1. Where a request for screening is submitted to the Malta Environment and

Planning Authority, it shall be accompanied by the Screening Fee of €50. This fee

is in no case refundable;

2. The rate regulating temporary structure / use of land shall only be applied

once, on any given site, in any one calendar year;

3. Where an application for a boathouse is not accompanied by proof of

registration of the applicant as a fisherman, the Development Permit Fee shall be

calculated at the rate of commercial development;

4. For the purposes of the calculation of floor area in relation to bungalow

development, only the build-up area, which includes the amount of floor area within

a building determined by the external measurements of the building, which includes

the thickness of the external walls and half the thickness of dividing or party walls,

and the internal shafts, internal yards and open terraces, shall be considered;

5. Where garages do not share a common access with a residential/

commercial development, and parking spaces (excluding lock-up garages),

forming part of a mixed development, have a direct access to both residential and

commercial development, the rate of “other garages” shall be applied;

6. For purely commercial development, the floor area shall be charged at

the rate per square meter as listed in Schedule 1 and the site area shall be charged

separately at the same rate per meter square;

7. The area used for the placing of tables and chairs in conjunction with

commercial development shall also be considered at the same rate of the commercial

development to which the tables and chairs are ancillary to;

8. When calculating the fees required in relation to advertisements, the

area to be considered is the surface area covered by the advertisement and does

not include the footprint of any hoarding/structure used to support any such

advertisement;

9. When a reservoir is not located within an agricultural holding owned and

operated by a registered farmer, it shall attract the rate of “Engineering Operations”.

This rate, however, will not be charged separately when it is already being charged

as part of site area for commercial development within the same application;

10. The rate regulating the Change of Use to Residential will only be applied

if a new residential unit is being created;

B

11. The development permit fee paid in relation to an application submitted

for the amendment of a condition in a permit issued by the Authority in relation to

the payment due by the applicant in the Commuted Parking Payment Scheme shall

be refunded to the applicant if it is established that the amendment requested in the

application was actually justified;

12. For Planning Control applications relating to local plan amendments, in

cases where the applicant does not pay the standard fee over the whole site area, the

fee payable at the submission of the said local plan amendment application shall be

of €235.00. So however that applications for development permission submitted

following a Planning Control application relating to amendments to local plan

aforementioned, or a Planning Control application relating to amendments to local

plan submitted by the Authority in accordance with the provisions of regulation 6

of Development Planning (Procedure for Minor Modifications to Subsidiary Plans)

Regulations, 2007 after the requirements of sub-regulation (3) of regulation 4 of the

said regulations, for which the provisions of this clause have been applied, a fee of

€3.00 per meter squared, or part thereof, over and above any other rate established

by these regulations shall be paid in relation to such application for development

permission;

13. Where an application involves more than one use or type of development,

the development permit fee to be paid shall be calculated by adding together the

amounts applicable to each type of development. When the application includes

commercial development, the fee for the commercial development shall be

calculated by reference to the rate for the commercial floor area only and shall not

include the site area

14. (a) All fees shall be paid at rates calculated by reference to the

development proposed in the application, and no fees properly paid shall be

refundable as specified in subparagraphs (b) and (c) except in the following cases

(i) the application has been invalidly made;

(ii) the application has been withdrawn by the applicant prior to

determination.

(b) When an application is withdrawn by the applicant, the percentage

of the development permit fee which shall be refunded shall be as follows

(i) when the application is withdrawn prior to its validation, 100% of

the development permit fee shall be refunded;

(ii) when the application is withdrawn after its validation but prior

to the endorsement by the designated delegated officer of the Development

Permit Application Report on the application, 50% of the development permit

fee shall be refunded;

(iii) when the application is withdrawn after the Development Permit

Application Report has been endorsed as set out in item (ii) above but prior to

the determination of the application, 25% of the development permit fee shall

be refunded;

except that the development permit fee shall not be refunded where a

notice in terms of articles 50, 51, 52, 53 or 58 of the Act has been served on

the applicant or on the site to which the application relates;

15. (i) Where an application is submitted for new development on a site

(described as the new application for the purpose of this subparagraph) and the

applicant states in writing that –

(a) an application for development of the same type had previously

been submitted by the applicant on another site (described as the original site

for the purpose of this paragraph) in the vicinity of the new site and had been

approved, and

(b) the applicant has no interest in the development of the original site

and has not and will not exercise the permission, the permit on the original site

shall be cancelled by the Authority.

(ii) Unless the development permit fee paid on the original application

has been previously refunded, in part or in full to the applicant or to any third

party, such a fee shall be retained by the Authority in addition to any such other fee

payable by the applicant together with the submission of the new application.

(iii) The provisions of this paragraph shall apply only if

(a) there is no difference whatsoever in the designation of the original

site and the new application;

(b) the permit on the original site has not been utilized in any manner

whatsoever; and

(c) this application is limited to the change of the site of the previously

approved development permit.

(iv) Any variations from the previously approved permit (except for the

wrong indication of the site) shall not prejudice the new application.

(v) Where the new application is withdrawn by the applicant prior to its

determination, the development permit fee shall not be refunded.

16. Where an application is for new development on a site in respect of

which there is or has been a development permission, whether or not still in force,

B

the infrastructure services contribution paid in relation to the previous development

permission shall be taken into consideration as follows

a)

For pre-1993 applications

i) If the applicant or architect submits a receipt of the infrastructure

services contribution originally paid with evidence that this is related to a

previous development permission on the same site, the amount shown

on the receipt shall be deducted from the new infrastructure services

contribution required.

ii) If the applicant or architect does not submit a receipt of the

infrastructure services contribution originally paid with evidence that

this is related to a previous development permission on the same site, the

amount to be deducted from the new infrastructure services contribution

required shall be calculated as per Schedule 2.

b) For post-1992 applications the Infrastructure Services Contribution

recorded, on the Authority’s records, to have been originally paid on a previous

development permission on the same site, shall be deducted from the the new

infrastructure services contribution required;

17. No infrastructure services contribution shall be paid when the application

relates solely to an application by a Government Department or a body corporate

established by law, including Malta Enterprise, where the applicant gives an

undertaking, in a form specified by the Malta Environment and Planning Authority,

to the same Authority that the necessary infrastructure services will be provided

by, or in conjunction with, and with the approval of, the relevant department and

at the expense of the applicant or the relevant department, and that the necessary

maintenance of those services will also be so carried out;

18. No main sewer contribution shall be payable in respect of applications

for sewage treatment works, pumping stations and similar structures or works

provided by the Drainage Section of the Water Services Corporation or any other

body which subsequently assumes the responsibilities of that Department;

19. The infrastructure services contribution shall be reduced by 75%, where

(a) the applicant gives to the Authority an undertaking, in a form

specified by the Malta Environment and Planning Authority, that the necessary

infrastructure services will be provided by the applicant, or by, and with the

approval of, the relevant department and at the applicant’s expense, and that

the necessary maintenance of these services will also be carried out; or

(b) the application relates to a site where the necessary infrastructure

services have been provided at the expense of a private individual and an

undertaking, in a form specified by the Malta Environment and Planning

Authority, to maintain these services has been given;

20. All Infrastructure Services Contributions shall be levied at rates

calculated with reference to the development proposed in the application and no

contribution shall be refundable except in the following cases

(i) the permission applied for has been refused, unless it is a dismissal

in terms of section 52(5) of the Act;

(ii) the application has been invalidly made;

(iii) the application is withdrawn before it is determined by the

Authority

Provided that in the cases mentioned in sub-paragraphs (i), (ii) and

(iii) abovementioned, 10% of the infrastructure services contributions will

always be retained to cover administrative charges and are consequently not

refundable;

(iv) if it is made in respect of an application for a class of development

for which such permission is not required by or under any provision of the Act

or any regulations or orders made thereunder, and the application is returned

by the Authority to the applicant;

(v) if the application is one to which paragraph 19 (a) relates, and the

applicant subsequently provides the appropriate services at his own expense

and the relevant Department has certified that the works have been carried

out to its satisfaction, a refund equal to 15% of the infrastructure services

contribution shall be paid;

(vi) if the application is one to which paragraph 19 (b) relates, and the

relevant Department has certified that the works have been carried out to its

satisfaction, a refund equal to 15% of the infrastructure services contribution

shall be paid;

21. Where the Authority considers that in order to meet the extraordinary

or exceptional demands which, in the opinion of the Authority, the nature, location

or scale of the proposed development is likely to place on the infrastructure services

and other services or facilities, as well as to secure the proper planning of the area

and regulate the use of land in accordance with the policies and proposals in the

Structure Plan and any subsidiary plan, the contribution earlier specified in this

Schedule is insufficient, the Authority shall determine the contribution to be levied

B

to meet the cost of the services and facilities arising from the permission applied

for, and may also enter into agreement with the applicant to ensure the payment

of the contribution so determined and the proper carrying out of the development

according to the permission of the Authority;

23. Where an application is submitted for new development on a site

(described as the new application for the purpose of this paragraph) and the

applicant states in writing that -

(i) an application for development of the same type had previously

been submitted by the applicant on another site (described as the original site

for the purpose of this paragraph) in the vicinity of the new site and had been

approved; and

(ii) the infrastructure services contribution paid in relation to the

application on the original site should be taken into account in the calculation

of the Infrastructure Services Contribution due on the application for the new

site;

the permit on the original site shall be cancelled by the Authority and the

infrastructure services contribution shall be deemed not to have been paid on

the original site. The infrastructure services contribution paid on the original

site shall be taken into account in the calculation of the infrastructure services

contribution to be paid in relation to the new application.

B

Schedule 2

Method of calculation of the infrastructure services contribution for pre-1993

applications

The calculation of the Infrastructure Services Contribution paid on pre-1993

applications that fall under the provisions of clause 16(a)(ii) of Schedule 1 shall be

made as follows

1. When the site fronts on a street which is built-up on both sides, the Sewer

Contribution paid shall be calculated at the rate of €18.63 per meter of frontage of

the site. The Street Contribution shall be calculated by multiplying the frontage of

the site in meters by half the width of the street in metres by €5.24.

2. When the site fronts on a service road, the Sewer Contribution paid shall

be calculated at the rate of €27.95 per meter of frontage of the site. The Street

Contribution shall be calculated by multiplying the frontage of the site in meters by

the whole width of the service road in metres by €5.24.

3. When the site fronts on a street having a green area, a public square, or the

coast, opposite the site, the Sewer Contribution paid shall be calculated at the rate of

€27.95 per meter of frontage of the site. The Street Contribution shall be calculated

by multiplying the frontage of the site in meters by half the width of the street in

metres by €5.24.

€1.49