Regulations, 2019

L.N. 216 of 2019

GOVERNMENT LANDS ACT

(CAP. 573)

Redemption of Land belonging to the Government or to the Lands

Authority under a Title of Revisable Perpetual Emphyteusis

Regulations, 2019

IN EXERCISE of the powers conferred by item (L) of article

31(g) 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 Redemption of Land Title.

belonging to the Government or to the Lands Authority under a Title

of Revisable Perpetual Emphyteusis Regulations, 2019.

In these regulations, unless the context otherwise requires

Interpretation.

"Authority" means the Authority established in accordance

with article 5 of the Lands Authority Act or any person or any

other entity that has been entrusted by contract or by law to

administer Government land; and

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

Lands Authority established by article 10 of the Lands Authority Cap. 563.

Act.

Any person who holds a property of the Government or of Qualification.

the Authority under a title of revisable perpetual emphyteusis may,

subject to what is stated in the other provisions of these regulations,

request the Authority to redeem that property at any time.

The redemption of perpetual and revisable ground rent does Exclusion.

not terminate all other conditions imposed on the emphyteuta in the

original perpetual emphyteusis contract.

The applicant must

Eligibility.

(a)

be a citizen of the European Union;

(b) be recognised by the Authority as an emphyteuta of

the building or have submitted an application to be recognised as

such and is still awaiting such recognition. The application

process cannot start prior to recognition of the applicant by the

Authority; and

(c) prove that there are no arrears due to the Authority of

ground rent payment on the property for which the application is

being submitted under these regulations.

(1) When property belonging to the Government or to the

Authority has been granted under a title of perpetual and revisable

emphyteusis, the emphyteuta has the option to redeem the ground rent

as provided in the following regulations, unless the contract itself

provides differently as to how the redemption may be carried out.

(2) The sum to be paid for the redemption of the perpetual and

revisable ground rent where there is no method of redemption in the

original contract of empytheusis shall be equal to the amount of the

ground rent thus revised, according to the index of inflation taken from

the year preceding the submission of the application pursuant to these

regulations and the rate of the ground rent from the year prior to the

creation of the contract of perpetual emphyteusis capitalised at the rate

of five per cent (5%).

(3) If the revisable perpetual emphyteusis was made before

1946, the index of inflation for 1946 as indicated in the Housing

(Decontrol) Ordinance, capitalised at the rate of five per cent (5%),

should be taken as a basis for determining the amount of ground rent

due.

Any redemption of perpetual and revisable ground rent

made by virtue of these regulations shall be made through a public

contract.

There can be no change in the applicant, following the

submission of an application pursuant to these regulations, unless it

transpires from a causa mortis declaration that the rights to that

property for which an application is submitted have been transferred to

the person requesting such change.

The following documents need to be submitted together

with each application made pursuant to these regulations

(a)

a copy of the latest receipt of payment of ground rent

made;

(b) in the case of an applicant who has not yet been

recognised as emphyteuta of the building or site by the

Authority, a copy of all the contracts made since the last

emphyteuta recognised by the Authority;

(c) a detailed plan on a scale of 1:100, made exclusively

according to the template available from the Authority that

strictly follows the guidelines for the use of that template. This

plan shall show the interior of the property at every level and the

distance from the nearest street corner. In addition, a scanned

plan, duly certified by an architect, shall be submitted;

(d) a copy of the property or site plan issued by the Land

Registry, duly certified by an architect;

(e) a survey showing the property and the existing road

alignment;

(f)

a copy of the identity card of the applicant(s); and

(g) photographs, bearing the date and time, showing the

present condition of the building or site.

Before the processing of any application made pursuant to Payment of

these regulations can start, the applicant shall pay all arrears owed by arrears.

them according to regulation 5(c).

(1) Each applicant submitting an application pursuant to Sworn

these regulations shall submit the requested information together with statement.

their sworn statement declaring that the entire content of the

application is truthful and that they have not omitted any information

or other relevant facts whereby, had these been known to the

Authority, the application would have been rejected and dismissed.

(2) No applicant may justify such omission based on the fact

that the Authority already had knowledge of that information or those

facts.

Any contract made by virtue of these regulations shall be Consent and

subject to the approval of the Board of Governors and to such approval

Board of

conditions imposed by the said Board. These conditions shall be Governors.

published in the said contract.

The amount of five hundred euro (€500) or any other Payment due to

amount that the Authority may declare is payable to it by each the

Authority.

applicant pursuant to these regulations, by notice published in the

Gazette not later than two (2) months prior to the submission of the

application pursuant to these regulations, shall be paid with each

application made by virtue of these regulations.

The Authority shall ensure that all costs involved in Costs.

effecting the redemption of the perpetual and revisable ground rent are

paid by the applicant and that no redemption contract may be

concluded before those costs are paid in their entirety.

(1)

The Authority has the right to refuse and reject any Reserves.

application submitted pursuant to these regulations at its absolute

discretion only. That refusal or rejection shall be in writing and shall

include detailed reasons for its decision.

(2) The Authority has the right to terminate the process of an

application made by virtue of these regulations at any stage or to

refuse to accept any application made by virtue of these regulations if

in its opinion such property is located at a site of national importance.

In that case, the applicant shall only be entitled to receive the costs

they paid to apply pursuant to these regulations. The Authority is

exempt from any damages or any request for the payment of any kind

of compensation made by the applicant in this regard.

The Authority has the right to bring an action before the

Honourable First Hall, Civil Court if it is of the opinion that there has

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

the corresponding contract has been signed, against any person

involved and to ask the court to declare the redemption null and void

even if the property has been transferred to third parties. No person

against whom the Authority brings an action shall have the right to

request or to receive any damages of any kind or any sort of

compensation for all the improvements they have made or could have

made to that building.

Any request for redemption of perpetual and revisable

ground rent of property belonging to the Government or to the

Authority before the entry into force of these regulations shall be

examined and decided according to these regulations.

Any contract concluded before the entry into force of these

regulations whereby a property of the Government or of the Authority

held under a title of perpetual and revisable emphyteusis has been

redeemed is hereby being validated by virtue of these regulations.

€0.36