Emphyteusis Regulations, 2020

L.N. 370 of 2020

GOVERNMENT LANDS ACT

(CAP. 573)

Modification to, or Removal of, a Condition or Conditions imposed

in a Contract of a Property Transferred by the Government, the

Lands Authority or Ecclesiastical Entities through a Sale or

Emphyteusis Regulations, 2020

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

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

for Transport, Infrastructure and Capital Projects, has made the

following regulations:-

The title of these regulations is Modification to, or

Removal of, a Condition or Conditions imposed in a Contract of a

Property Transferred by the Government, the Lands Authority or

Ecclesiastical Entities through a Sale or Emphyteusis Regulations,

2020.

In these regulations, unless the context otherwise requires

"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;

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

Lands Authority established by article 10 of the Lands Authority

Act;

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

vehicles are placed. This definition does not include a building/

garage used as a warehouse or used for any commercial purpose.

Any person who has a title of purchase by virtue of a public

deed, or emphyteusis on property that would have been passed to the

applicant by the Government or the Authority, or by an Ecclesiastical

Entity (that subsequently passed the title to the Government) may, save

as provided in the other provisions of these regulations, ask the

Authority to modify or remove a condition, or conditions, imposed in

the original contract

Provided that these regulations apply only in the case

where the condition imposed or conditions imposed in the original

contract limited the amount of residences and, or garages that could be

built

Provided further that these regulations apply only in the

case where the applicant is requesting an increase in the amount of

residences and, or garages that could have been built under the original

contract.

The applicant shall

Eligibility.

(a)

be a citizen of the European Union;

(b) be recognised by the Authority as an owner or

emphyteuta of the land or building, as the case may be;

(c) in the case of an emphyteusis, prove that there were

no arrears payments of ground rent due to the Authority on the

property in respect of which the application is being submitted

pursuant to these regulations.

(1) The value for the modification to, or removal of, a Value for the

condition or conditions in the original contract of sale or emphyteusis modification

or removal of, a

shall be established by a perit or periti appointed by the Authority, condition

conditions in the

which estimate shall be in adherence to the precepts of article 79 of the original

contract.

Government Lands Act.

In any case, the estimate shall also reflect the development

potential which may occur, according to the planning laws in force on

the date on which the estimate is made, on the site in question as if

such condition, or such conditions, did not exist.

(2) The value that shall be paid by the purchaser according to

the estimate made by the perit of the Authority shall be

(a) in the case the applicant wants to develop an

additional residence or residences to serve as an ordinary

residence, or as ordinary residences, for his linear descendants or

ascendants, he shall pay the Lands Authority twenty-five per

cent (25%) of the value indicated in the estimate made by the

periti appointed by the same Authority

Provided that, in case the applicant shall eventually

want to sell this property to third parties, including to lineal

descendants or ascendants, he shall pay the Lands Authority the

residual value as indicated in the original estimate made by the

periti appointed by the same Authority;

(b)

in any other case, not mentioned above, the applicant

shall pay the Lands Authority the entire value indicated in the

estimate made by the periti appointed by the same Authority.

Any modification to, or removal of, a condition or

conditions, in the original contract shall be made by public contract.

There may be no change in the applicant, after an

application has been submitted pursuant to these regulations, unless a

declaration causa mortis shows that the rights in that property, in

respect of which an application is made, have passed to the person

requesting such modification.

The following documents shall be submitted with each

application made pursuant to these regulations

(a)

a copy of the original contract;

(b) in the case of a contract of emphyteusis, a copy of the

last receipt of payment of ground rent;

(c) in the case of a contract of emphyteusis wherein the

applicant has not yet been recognised by the Authority as the

emphyteuta of the building or site, a copy of all the contracts

made since the last emphyteuta recognised by the Authority;

(d) a detailed plan on a scale of one is to one-hundred

(1:100), made only on the basis of the template provided by the

Authority and which shall strictly follow the guidelines for the

use of this template. This plan shall show the interior of the

property at each level and the distance from the nearest street

corner. In addition, a scanned plan, duly authenticated by a perit,

shall be submitted;

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

Registry, duly authenticated by a perit;

(f) a copy of the identity card of the applicant or

applicants; and

(g) photographs that shall include the date and time,

showing the current state of the building or the site.

Before any application may start to be processed pursuant

to these regulations, the applicant shall pay all the arrears due by him

according to paragraph (c) of regulation 4.

Any applicant who submits an application pursuant to these Sworn

regulations shall submit the information requested together with his statement.

sworn statement declaring that the entire content of the application is

true and that he has not omitted any other relevant information or facts

whereby, if known to the Authority, the application would have been

refused and rejected. No applicant may justify such an omission on the

basis of the fact that the Authority was already aware of this

information or of these facts.

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

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

Board of

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

conditions shall be published in the said contract.

A payment of five hundred euro (€500), or of any other Payment due to

sum the Authority, by notice published in the Gazette by not later than the

Authority.

two (2) months before the application is received pursuant to these

regulations, may declare is due to it by any applicant under these

regulations, shall be paid with every application made by virtue of

these regulations.

The Authority shall ensure that all expenses incidental to Expenses.

this request are collected from the applicant and that no contract in

respect of which the application has been made may occur unless all

these expenses have been collected.

(1)

The Authority shall reserve the right to refuse and Reservations.

reject any application made pursuant to these regulations in its

absolute sole discretion. That rejection or refusal shall be made in

writing and shall contain the detailed reasons for its decision.

(2)

The Authority shall reserve the right to terminate the

processing 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 in a place of

national interest. In this case, the applicant shall only be entitled to

receive the expenses he would have paid to apply under these

regulations. The Authority is exempt from any damage or claim for

payment of any kind of compensation that the applicant may submit to

it in this regard.

The Authority shall have the right to bring an action before The Authority

the Honourable Civil Court, First Hall, if it considers that there has shall

right to bring an

been a breach of any provision of these regulations, even after the action

court if it

relative contract has been signed, against any person involved and considers a

request the court for the reinstatement of any modification to, or of any breach

provision of

removal of a condition, or conditions, imposed in the original these

regulations.

temporary emphyteusis contract and which were removed or modified

by virtue of these regulations, even if the property has been transferred

to a third party. No person against whom the Authority brings an

action may have the right to claim or be awarded damages of any kind

or nature, or compensation of any kind, for all benefits they have

obtained or could have obtained in that building.

Any request for the modification to, or removal of, any

condition or conditions imposed on an original contract of a property

owned by the Government, the Authority or an Ecclesiastical Entity,

before the entry into force of these regulations, shall be examined and

decided according to these regulations.

€0.45