Temporary Emphyteusis or Lease Regulations, 2018

L.N. 165 of 2018

GOVERNMENT LANDS ACT

(CAP. 573)

Purchase of Garages Owned by Government in a Government

Housing Estate in Lieu of those Granted Under a Title of

Temporary Emphyteusis or Lease Regulations, 2018

IN EXERCISE of the powers conferred by sub-paragraph (L) of

paragraph (g) of article 31 of the Government Lands Act the

Parliamentary Secretary for Planning and the Property Market has

made the following regulations:-

The title of these regulations is the Purchase of Garages

Owned by Government in a Government Housing Estate in Lieu of

those Granted Under a Title of Temporary Emphyteusis or Lease

Regulations, 2018.

In these regulations unless the context otherwise requires

"Authority" means the Lands Authority established under

article 5 of the Lands Authority Act or any person or other entity

which by law or contract is entrusted with the administration of

Government land;

"Board of Governors" means the Board of Governors of the

Authority set up under article 10 of the Lands Authority Act;

"Garage" means a building in which only a vehicle or

vehicles are placed but does not include its air space. This

definition does not include a building/garage used as a store

room or for commercial purposes of whatever nature.

Any person recognized having a title of lease or temporary

emphyteusis over a garage/site may apply by virtue of these

regulations to rescind, revoke and annul the contract in force with the

Authority and have it substituted by another garage/site as specified in

these regulations.

(1) Garages used as store rooms or for commercial

purposes of whatever nature are excluded from these regulations.

(2) The airspace, situated on top of a garage for which an

application to purchase has been made under these regulations, is

excluded from the scope of these same regulations.

The Applicant must

Eligibility.

(a)

be a citizen of the European Union;

(b) be recognized by the Authority as the user or lessee

of the site/garage or has made a request to be recognized as such

and is still awaiting such recognition. The application process

shall not commence before the Authority recognizes the

applicant;

(c) provides proof that there are no arrears on payments

due to the Authority on the property for which an application is

being made under these regulations.

(2) Saving what is stated in paragraph (b), persons who are

eligible to apply under these regulations must be

(i)

recognised as lessees by the Authority;

(ii)

recognised as emphyteuta by the Authority.

The Authority reserves all rights to build additional floors Rights

on the garage’s airspace and/or to create reasonable servitudes over emanating

the site’s

and within the property being sold.

position.

(1) Every contract made under these regulations shall be Consent and

subject to the approval of the Authority’s Board of Governors and in approval

Board of

accordance with the conditions imposed by the said Board. These Governors.

conditions must be published in the said contract.

(2) Prior to approval of the transfer of a garage by the

Authority’s Board of Governors, saving what is stated in regulation

11(2), for the granting of the contract a sworn declaration must be

made stating that the garage is used solely for placing of a vehicle or

vehicles therein. This declaration must be accompanied by all

necessary documentation to prove this to the Authority’s satisfaction,

including any further documents or details as the case may be.

The sale value of a garage shall be calculated according to Value of sale

the fixed rate of two hundred euro (€200) per cubic metre of the garage when

site was granted

(internal volume in m³) with a reduced price where the multiplier under

temporary

factor set out below applies

emphyteusis.

Number of years remaining for expiry

Applicable

of temporary emphyteusis

Factor

th

0 to end of the 5 year

th

th

From the 6 year to the end of the 10 year

0.9

th

th

From the 11 year to the end of the 15 year

0.8

th

th

From the 16 year to the 20 year

0.7

From the 21 st year to the 40 th year

0.6

From the 41 st year or more

0.5

The sale value of a garage granted under title of lease shall

be calculated according to a fixed rate of two hundred euro (€200) per

cubic metre (internal volume in m³) of the garage.

(1) When the garage granted under title of lease/

temporary emphyteusis or built on a site granted on temporary

emphyteusis is higher or larger in size than that at the time of the

original lease or original temporary emphyteusis the applicant can still

apply under these regulations to purchase the said garage after paying

an additional one-time amount of one thousand euro (€1,000) besides

the acquisition value. Provided that any extension or additional area

does not encroach on third party rights

Provided that if an applicant under these regulations applies

within a period of one year from the date on which these regulations

come into force to regularise his position according to the same

regulation or to correct the original contract, the said payment does not

apply.

(2) In such case, the sale is undertaken without prejudice to

any other permits that need to be obtained by the same applicant from

the Authority concerned so as to regularize his position in accordance

with national laws and saving any third party civil rights.

(3) Any lessee or temporary emphyteuta who occupies a

garage/site granted by contract with the Authority which does not fit

within the precise borders of the original contract, and who does not

apply under these regulations to regularise his position within one year

from the entry into force of these regulations, shall be subject to

rescission of the original contract.

No garage acquired by virtue of these regulations may be

sold or transferred inter vivos, under any title whatsoever, except to the

applicant’s descendants, prior to the lapse of a period of two (2) years

from the date of the deed of acquisition of the said garage. This two (2)

year rule also binds the applicant’s descendants and/or successors in

title and the time limit, in the latter case, shall be deemed to have

commenced from the date of the deed of acquisition whereby the

applicant acquired the garage.

The following documents shall accompany all applications

filed under these regulations

(a)

a copy of the last receipt of payment of rent or

ground rent;

(b) a detailed plan on the scale of 1:100 done solely on

the basis of a template available at the Authority in strict

accordance with the guidelines for the use of this form. This plan

shall include the property interiors on all levels and the distance

from the furthest corner of the neighbouring street. In addition, a

scanned plan duly certified by an architect shall also be

submitted;

(c) a copy of a building or site plan (property plan), duly

certified by an architect;

(d) a survey indicating the property and existing road

alignment;

(e)

a copy of the applicant’s or applicants’ identity card;

(f) photographs, showing the date and time when taken,

of the actual state of the building or site;

(g) applicants submitting an application under these

regulations must provide the requested information together with

a sworn declaration that the content of the application is true and

that no information or other relevant facts have been omitted,

which had they been known to the Authority would have caused

the denial or refusal of said application. Applicants may not

justify such omission on the basis that the omitted information or

facts were known to the Authority.

Prior to any application being processed under these Payment of

regulations, the applicant must pay any arrears due by him in arrears.

accordance to paragraph (c) of regulation 5.

The Authority has absolute and sole discretion to refuse Reservations.

any application made pursuant to these regulations. Such refusal or

denial shall be made in writing accompanied by detailed reasons for

such decision.

The Authority is empowered to file an action before the The Authority

First Hall, Civil Court against any person, where it deems that there is shall

right to file an

a breach of any of the provisions of these regulations, even after the action

where it deems

signing of the relative contract, and to request the Court to declare null that there is a

and void any transfer made by virtue of these regulations or any other breach

the provisions

transfer which is not undertaken in accordance with these regulations. of these

regulations.

In such case, the court shall order the eviction of every

person from the garage and order that such garage, including any

improvements made therein, be returned to the Authority without any

right of compensation for damages which might be sustained by such

person, or any kind of compensation for any improvements which have

or could have been undertaken in that tenement.

The Authority shall ensure that all expenses incurred in

relation with the above-mentioned transfer are paid by the person who

is to acquire the garage and that no transfer of garage to which the

application pertains can be made before such costs are settled in full.

Every request concerning the purchase of garages in a

Government Housing Estate granted under title of temporary

emphyteusis or lease which occurred prior to the coming into force of

these regulations must be examined and decided pursuant to these

regulations.

All contracts of sale and, or rescission pertaining to garages

or garage sites within Government Housing Estates undertaken by the

Authority prior to the entry into force of these regulations, whether

they were garages or garage sites under title of lease or under contract

of temporary emphyteusis, are validated for all purposes and effects of

law by virtue of these regulations.

€0.45