Land Registration

L.N. 143 of 2019

LAND REGISTRATION ACT

(CAP. 296)

Land Registration

(Submission of Plans) (Amendment) Rules, 2019

IN EXERCISE of the powers conferred by article 59 of the Land

Registration Act, the Minister for Transport, Infrastructure and Capital

Projects has made the following rules:-

(1) The title of these rules is Land Registration Title.

(Submission of Plans) (Amendment) Rules, 2019 and these rules shall

be read and construed as one with the Land Registration (Submission S.L. 296.08.

of Plans) Rules, hereinafter referred to as "the principal rules".

These rules shall come into force on the 1 st July, 2019.

(2)

Rule 2 the principal rules shall be substituted by the Substitutes rule

2 of the

following

principal rules.

"2. (1) Each application presented at the Land

Registration Agency shall be accompanied by the plans as

stipulated hereunder unless otherwise indicated.

(2) The official plan of the Land Registry shall consist of

the plan which should have been issued by the Land Registry

after the 13 th June, 2011. The scale of the plan is to be

determined in relation to the size of the property.

(3)

The plan must include the following information

(a)

the exact site and configuration;

(b) the distance from the nearest corner or other

fixed point;

(c)

the area;

(d) in the case of urban or built up property, the

measurements around the perimeter;

(e) in the case of rural unbuilt property, the

measurements around the perimeter unless the relative

field/land is encompassed by a wall which is visible on the

official plan.

(f) in the case where that part of the plan shown at

a scale higher than 1:2500 so permits, the applicant may

use the official plan to indicate the nature and extent of

other applicant’s rights;

(g)

the level of the property and/or the level of

building;

(h) in the case where an additional detailed plan is

required, the detailed plan should indicate

(i) the scale that is being used and should

include either a vertical or a horizontal scale bar;

(ii)

the level of the building from the lowest

level;

(iii) any common parts and rights at all levels

which are enjoyed or to which the property is subject,

which rights will be determined from the applicant’s

title deed;

(iv) the said plans should also include a legend

where the colour red would indicate that the applicant

is the owner, while any other rights are to be

indicated in any colour the applicant deems fit;

(v) the original plan and the detailed plans

duly completed by, or under the supervision of, the

architect in accordance with these rules, shall be

signed in blue ink, by the architect who shall set his

official stamp or write his name in block capitals

below his signature; and

(vi) detailed plans are to be submitted on at

least size A3 paper.".

Rule 3 the principal rules shall be substituted by the

"3. (1) With every request for an official search there

shall be attached the official plan(s) on the model indicated in

Provided that in instances where the official search

effects property which has already been registered, the applicant

may use true copies of the plan(s) already available at the Land

Registry if they are in line with current regulations and

legislation. However the site-plan of the property may not be

submitted if in the search reference is made to a specific title.

(2) With every application for a registration of a

property/caution/charge/waiver there shall be attached the

official plan on the model indicated in rule 2 with the exception

of those instances indicated in sub-rule (5)

Provided that no plan will be required to be submitted

with any application for a registration of a property/ charge/

waiver if this application is already registered as one entity by a

particular certificate of title or is subject as one entity to a

particular application.

(3) No plans are required with an application for a

cancellation/ withdrawal of caution

Provided that the Notary will have to confirm on the

relative application that he has confirmed with applicant/s that

the plan of the particular certificate of title/application is in

conformity with the property being registered/charged/waived.

(4) The plans mentioned in rule 2, shall be available on

request from the Land Registry during normal opening hours of

the Land Registry or ordered on line by accessing the portal

https://www.landregistryplans.gov.mt/ against payment of a fee

as may be indicated from time to time.

(5) In instances where registered property shall be

divided into various other units, prior to the lodgement of any

application for the registration of any unit or any other

application which does not effect the entirety of the property, the

developer/vendor is to furnish the detailed plans of all the levels

of the property as developed or as shall be developed and which

plans are to have all the specifications as indicated in rule 2 and

which plans are to be signed by the Architect. Prior to the

submission of any application, the Land Registrar will indicate

that the configuration of the detailed plans tallies with the

configuration of the parcel of the property registered. In

instances where the development encompasses all the area

registered by the respective title, the Land Registry site-plan may

not be required and this at the discretion of the Land Registrar

Provided that in instances where a parcel of land or a

field is divided into various lots, an official Land Registry site-

plan having the specifications indicated in rule 2 shall be

required, therein indicating the different plots and which plan is

to be signed by an Architect.

(6) Copies of such plans may be used for any future

registration of any other particular unit in the development/land.

(7) Any interested person may obtain copies of the plans

submitted at the Land Registry and may use same for the

registration of other property when required.

(8) All applications which were pending due to the fact

that the relative plans were not in compliant priorto the coming

into force of this order, but now are in compliant, may request to

have the plans interpreted under these rules after a written

request is submitted to the Land Registrar.

(9) The Land Registrar reserves the right to amend these

rules at his discretion.".

€0.36