Regulations, 2018

L.N. 214 of 2018

GOVERNMENT LANDS ACT

(CAP. 573)

Transfer of Government Property Granted for Commercial

Use from a Tenant to a Family Member due to Retirement

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 Transfer of Government

Property Granted for Commercial Use from a Tenant to a Family

Member due to Retirement 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

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

Applicants submitting an application under these

regulations must confirm by 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 by arguing that the omitted information or facts

were known to the Authority.

(1) Every transfer made under these regulations is subject

to the approval of the Board of Governors and in accordance with the

conditions imposed by the said Board, which conditions must be

published.

(2) Before approval by the Board of Governors for the transfer

of commercial property as mentioned above

(a) it should be verified that no law or contractual

contract has been breached, including the non-existence of any

arrears with regard to such lease; and

(b) a sole additional payment to the Authority of an

amount equal to one year’s rent has been made; and

(c) a declaration is made that on the signing of the new

contract of lease for the remaining period of the original lease,

the applicant does not retain any interest in the property or in the

commercial activity following its transfer to a family member

and that he does not have or no longer has any claim against the

Authority regarding the same lease for the entire period since the

original lease; and

(d) a declaration by the person to whom the lease is to be

transferred, in the case of a commercial lease granted prior to 1st

June 1995 where no specific duration period is stipulated, or

where the lease period was to be renewed automatically or at the

lessee’s sole discretion, whereby he accepts that the lease shall

lapse within a period of twenty years from the 1st of June, 2008.

(1) Any person holding a commercial property by title of Transfer of

lease from the Government or the Authority may during the duration Government

property given

of the original lease and saving other provisions of these regulations, for

use by the lessee

apply to the Authority to transfer or assign his rights to his son/ to a family

daughter in the event that he would like to retire from the commercial member.

activity he is exercising.

(2) The conditions of the lease shall remain the same until the

expiry of the original lease and the only element to be altered in the

said lease is the name of the lessee.

(3) In the event that a transfer request is made for more than

one son/daughter, only one application shall be made and those

recognized children shall be jointly and severally liable for all

obligations imposed in the original lease on the original lessee.

The Authority has the right to refuse any application made Reservations.

pursuant to these regulations at its entire sole discretion. Such refusal

or denial shall be made in writing together with detailed reasons for its

decision.

(1) The Authority is empowered to file an action before Right of the

the Civil Court, First Hall against any person involved, including the Authority

proceed before

occupant, where it deems that there is a breach of any of the provisions the Court.

of these regulations, even after the act of transfer in question, and to

request the Court to declare null and void any transfer under these

regulations or any other transfer which is not undertaken in accordance

with these regulations.

(2) In the case mentioned in sub-regulation (1), the Court shall

order the eviction of every person from the land or tenement and order

that such property, 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 the occupant, or

any kind of compensation for any improvements which have or could

have been undertaken in that property.

The Authority shall ensure that all expenses incurred in

relation to the above-mentioned transfers are paid by the family

member to whom the lease is to be passed on for the remaining period

of the lease and that before these costs are collected in their entirety no

transfer or assignment of rights on the property on which an

application has been made can occur.

Every request concerning the transfer of Government

property due to retirement which has been granted for commercial use

by the lessee to a son/daughter, and undertaken before the entry into

force of these regulations must be examined and decided pursuant to

these regulations. Every scheme existing prior to this day is hereby

terminated as a result of the entry into force of these regulations.

€0.27