229 tal-2012 (ln_2012_229) | MT

Malta Government Gazette — Legal Notice 2012 229 · Gazzetta tal-Gvern ta’ Malta Nru. 18,942 - 13.07.2012 — 229 tal-2012 – Regolamenti tal-2012 li jemendaw it-Tmien Skeda li tinsab ma’ l-Att dwar l-Ambjent u l-Ippjanar ta’ l-Iżvilupp

Preamble — 229 tal-2012 – Regolamenti tal-2012 li jemendaw it-Tmien Skeda li tinsab ma’ l-Att dwar l-Ambjent u l-Ippjanar ta’ l-Iżvilupp Open official source

L.N. 229 of 2012

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Environment and Development Planning Act (Amendment of

Eighth Schedule) Regulations, 2012

BY VIRTUE of the powers conferred by articles 61(2)(q) and

62 of the Environment and Development Planning Act, the Minister

for Tourism, Culture and the Environment, after consultation with

the Malta Environment and Planning Authority, has made the

following regulations:-

Malta Government Gazette — Legal Notice 2012 229 · Gazzetta tal-Gvern ta’ Malta Nru. 18,942 - 13.07.2012 — 229 tal-2012 – Regolamenti tal-2012 li jemendaw it-Tmien Skeda li tinsab ma’ l-Att dwar l-Ambjent u l-Ippjanar ta’ l-Iżvilupp

Reg. 1 Title and commencement. — 229 tal-2012 – Regolamenti tal-2012 li jemendaw it-Tmien Skeda li tinsab ma’ l-Att dwar l-Ambjent u l-Ippjanar ta’ l-Iżvilupp Open official source

(1) The title of these regulations is the Environment

and Development Planning Act (Amendment of Eighth Schedule)

Regulations, 2012, and they shall be read and construed as one

with the Eighth Schedule of the Environment and Development

Planning Act, hereinafter referred to as “the Eighth Schedule”.

(2) These regulations shall come into force on the 1st

August, 2012.

Malta Government Gazette — Legal Notice 2012 229 · Gazzetta tal-Gvern ta’ Malta Nru. 18,942 - 13.07.2012 — 229 tal-2012 – Regolamenti tal-2012 li jemendaw it-Tmien Skeda li tinsab ma’ l-Att dwar l-Ambjent u l-Ippjanar ta’ l-Iżvilupp

Reg. 2 Amends the Eighth Schedule. — 229 tal-2012 – Regolamenti tal-2012 li jemendaw it-Tmien Skeda li tinsab ma’ l-Att dwar l-Ambjent u l-Ippjanar ta’ l-Iżvilupp Open official source

In Category B of the Eighth Schedule of the Environment

and Development Planning Act, there shall be added the

following:-

“1. The provisions of this sub-category shall apply to

development in existence within a development zone on the

coming into force of these regulations and which development

shall include the following

i)

Size of internal yards of any dwelling

(a) if the length of any side of the internal

yard is up to 65% of that required by law and the

overall area of the yard is more than 65% of what

it should have otherwise been;

(b) if the length of any side of the internal

yard is between 50% and 65% of that required

by law and the overall area of the yard is within

the same range, subject to an engineer’s report

stating that the habitable rooms in the dwelling

have adequate lighting and ventilation aided, if

necessary, but not exclusively limited to artificial

lighting and forced mechanical ventilation

respectively;

(c) dwellings which have internal yards that

are less than half the size of what they should have

otherwise been are not included.

ii) Size of back yard of any dwelling

(a) if the depth of any back yard is up to

65% of that required by law and the overall area of

the yard is more than 65% of what it should have

otherwise been;

(b) if the depth of any back yard is between

50% and 65% of that required by law and the

overall area of the yard is within the same range,

subject to an engineer’s report stating that the

habitable rooms in the dwelling have adequate

lighting and ventilation;

(c) plans for dwellings which have a back

yard less than half the size of what it should have

otherwise been are not included.

iii) Internal height of structure of any dwelling

(a) plans for dwellings with a clear floor to

ceiling internal height of more than 2.6 metres;

(b) plans for dwellings with a clear floor to

ceiling height of less than 2.6 metres but more than

2.4 metres subject to an engineer’s report stating

that the habitable rooms in the dwelling have

adequate lighting and ventilation;

(c) plans for dwellings with a clear floor to

ceiling height which is less than 2.4 metres are not

included.

iv) Room in the back yard of any dwelling

Ground level rooms in the back yard of any

dwelling as long as the size of the back yard prior

to the erection of the room is in conformity with

sanitary regulations, provided that the room has

natural ventilation and natural lighting, does not

occupy more than 35% of the required back yard

area, and is not higher than ten (10) courses

Provided that if a request under the provisions

of article 91 of the Act in respect of any of the

above developments is made to the Authority

within six months from the coming into force

of these regulations, it shall be presumed that

the development to which the request refers to

existed prior to such date as long as the architect

submitting the request certifes that the development

to which the request relates to had existed prior

to the coming into force of these regulations, and

the same request includes photographic evidence

that shows that same development as existing on

site, and as long as there is no evidence to the

contrary, or that no such evidence to the contrary

subsequently emerges

Provided further that if such a request is not

submitted within six months from the coming into

force of these regulations, the onus of proof that the

development in question existed before the coming

into force of these regulations shall lie with the

applicant or his architect.”.

€0.36

229 tal-2012

Statutory Text (3 Articles)

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