forming part of a Larger Development Regulations, 2022

L.N. 232 of 2022

GOVERNMENT LANDS ACT

(CAP. 573)

Direct Disposal of Residual Sites of Government Property

forming part of a Larger Development Regulations, 2022

IN EXERCISE of the powers conferred by article 31(g)(L) of the

Government Lands Act, the Minister responsible for the Lands

Authority has made the following regulations:-

The title of these regulations is the Direct Disposal of Citation.

Residual Sites of Government Property forming part of a Larger

Development Regulations, 2022.

The scope of these regulations is to allow the Lands Scope.

Authority to dispose of residual sites of government property forming

part of a larger development directly to the current owners of the larger

In these regulations, unless the context otherwise requires

Interpretation.

"Act" means the Government Lands Act;

"Authority" or "competent authority" means the Lands Cap. 563.

Authority established in accordance with article 5 of the Lands

Authority Act;

"residual site" means a site which is currently owned by the

government and is adjacent to a site or building owned by the

applicant

Provided that

it is not larger than fifty square metres (50m 2 );

(a)

and

(b) it forms part of the larger development by virtue

of the official alignment or other constraints contained

within a development plan

Provided further that a residual site shall be considered

so whether it is already developed or not, and regardless of the

type and use class of development present on site.

(1) Any person who occupies a residual site may apply to

the Authority to acquire the residual site by a valid title

Provided that an application shall not be considered by the

Authority unless the applicant is the freehold owner of the adjacent

larger development site

Provided further that the Authority shall not grant a transfer

of a residual site to an applicant of a site which is larger than fifty

square metres (50 m 2 ).

(2) In the case of the multiple occupation of a residual site held

pro diviso, the Authority shall dispose of said by separate titles,

following an exercise of due apportionment in accordance with the

relative ownership titles.

(3) In the case of multiple occupation of a residual site held pro

indiviso, such as the common parts of a condominium, the Authority

shall dispose of said in solidum, and the resultant costs shall be

apportioned amongst the eligible applicants, in accordance with the

relative ownership titles.

(4) Where the adjacent larger development site is held by the

applicant by title of emphyteusis and the Government holds the direct

dominium, the applicant may only be granted the residual site under the

same terms and conditions of the emphyteutical concession granted for

the larger site.

(1) The standard rates for the transfer of the residual site

shall be of two hundred euro (€200) per square metre based on the plot

size of the site in question for residential development, and four

hundred euro (€400) per square metre for any other non-residential use

class

Provided that the Authority may establish, by virtue of a

notice in the Government Gazzette, different rates for specific

locations.

(2) No further charges shall be levied by the Authority for the

occupation of a residual site without a valid title.

The following documents shall be submitted with all

applications filed in accordance with regulation 4

(a) an authenticated copy of the original contract of

acquisition of the adjacent site;

(b)

in the case of developed sites, a detailed plan on a

scale of 1:100 done solely on the basis of the template available

at the Authority and strictly following 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 corner of the nearest road;

(c)

a scanned plan, duly authenticated by an architect;

(d) a property or site plan issued by the Land Registry,

duly authenticated by an architect;

(e)

a copy of the identity card of the applicant;

(f) photographs, showing the date and time when taken,

of the current state of the building or site;

(g) a detailed survey showing the adjacent site outlined

in red and the site being requested for acquisition outlined in

blue. This survey shall be accompanied by official road

alignments and front garden alignments;

(h) a sworn declaration by the applicant that the content

of the application is true and that no other relevant information

or facts have been omitted which, had they been known to the

Authority, would have led to the refusal and, or rejection of the

application. Applicants may not justify any such omissions on

the basis that the omitted facts or information were known to the

Authority; and

(i) copies of any existing development permissions and

the relative approved site plans, plans, sections and elevations.

Any transfer of a residual site by virtue of these regulations Transfer shall be

shall be made by means of a public deed following the payment of all made

public deed.

expenses provided for in regulation 8.

The Authority shall ensure that all expenses incurred in Expenses.

relation or incidental to an application made in terms of these

regulations are paid by the applicant. No transfer shall be made before

the Authority is satisfied that all expenses were collected in their

entirety.

(1) The Authority shall have the absolute and sole right Reservations.

to refuse and, or reject any application made pursuant to these

regulations. Said rejection or refusal shall be made in writing

accompanied by detailed reasons for such decision.

(2) The Authority reserves the right to terminate the

application process made pursuant to these regulations at any stage

and, or refuse to accept any application, where it deems that such

property is situated in a place of national importance.

(3) No action shall lie against the Authority for any claim of

damage and, or award for compensation.

The Authority is empowered to institute proceedings before

the First Hall, Civil Court against any person where it deems that there

is a breach of any provision of these regulations, even after the signing

of the relative deed. The Authority shall request the court to declare

that the deed of transfer is null and void, even where the site has been

transferred to third parties

Provided that no action shall lie against the Authority for

any claim of damage and, or award for compensation for any

improvements which may have been carried out on the site or property

on which the residual site pertains to.

€0.36