Emphyteusis (Amendment) Regulations, 2020

L.N. 473 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 (Amendment) 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 the Economy and Industry, has made the following regulations:-

The title of these regulations is Modification to, or Citation.

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 (Amendment)

Regulations, 2020 and these regulations shall be read and construed as

one with the 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, hereinafter referred to as "the

principal regulations".

Regulation 5 of the principal regulations, shall be amended Amends

regulation 5 of

as follows

the principal

regulations.

(a) in sub-regulation (1) thereof, the words "Government

Lands Act." shall be substituted by the words "Government

Lands Act:" and the words "In any case," till the words "did not

exist." shall be substituted by the words "Provided that, in any

case, in order for the value of the condition to be removed to be

valued, the estimate made shall reflect the difference in value of

the land subject to condition imposed in the original contract and

the value of the land with all it’s development potential

according to the planning laws applicable on the date when the

estimate is made, as if no such condition exists."; and

(b) paragraph (a) and the proviso thereto, of sub-

regulation (2) thereof, shall be substituted by the following new

paragraph and proviso

"(a) in the case the applicant has developed or wants

to develop an additional residence or residences to serve as

an ordinary residence, or were transferred as ordinary

residences, for his linear descendants or ascendants, he

shall pay the Lands Authority twenty-five percent (25%) of

the value indicated in the estimate made by the periti

appointed by the same Authority

Provided that, in case the applicant shall

transfer this property to third parties, he shall pay the Lands

Authority the residual value as indicated in the original

estimate made by the periti appointed by the same

Authority;".

Immediately after sub-regulation (2) of regulation 14 of the

principal regulations, there shall be added the following new sub-

regulation

"(3) These regulations shall not apply in case such

property has been transferred to the Housing Authority.".

In regulation 15 of the principal regulations, the words

"imposed in the original temporary emphyteusis" shall be substituted

by the words "imposed in the original emphyteusis".

€0.18