Leases Regulations, 2022

L.N. 94 of 2022

GOVERNMENT LANDS ACT

(CAP. 573)

Regularisation of Titles of Ordinary Residences Built

on Government Land granted by Agricultural

Leases Regulations, 2022

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

Government Lands Act, the Minister for the Economy and Industry

has made the following regulations:-

The title of these regulations is the Regularisation of Titles

of Ordinary Residences Built on Government Land granted by

Agricultural Leases Regulations, 2022.

In these regulations, unless the context otherwise requires

"agricultural land" means any Government land which is

principally leased for the cultivation of agricultural products, flowers,

fruit trees or vines and for agricultural purposes, including the

establishment of greenhouses, cloches, or cold frames, but does not

include land intended for grazing animals;

"applicant" means a person or persons submitting a request under

these regulations in order to purchase their ordinary residence built on

Government agricultural land as laid down by these regulations;

"Authority" means the Lands 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;

"commercial premises" shall have the same meaning as assigned

to it in the Civil Code;

"garage" means a premises used to house one or more vehicle but

does not include premises and, or garages used as a warehouse or used

for any commercial purpose;

"ordinary residence" means a tenement used by a person or

persons as the place of their primary residence and also includes

garages or spaces adjacent to the premises and which are used as

extensions of the premises for the purpose of sanitary laws

Provided that guest houses or dormitories shall not be

considered as residences for the purpose of these regulations

Provided further that tenements on the island of Malta

which are occupied by the residents of the islands of Gozo and Comino

due to employment or education in the island of Malta should also be

regulated by these regulations. The same shall apply to residents of the

island of Malta, who occupy tenements on the islands of Gozo and

Comino due to employment or education on the islands of Gozo and

Comino

Provided further that any property or part of a property

used as a residence must be suitable for habitation.

"premises" means any tenement utilised as the ordinary residence

of the applicant according to the meaning assigned to it in these

regulations;

"temporary emphyteusis for agricultural purposes" means an

emphyteusis with an expiry date which in the original concession

states that the land is to be used for agricultural purposes.

(1) Any person who is occupying a premises built on Eligibility.

Government land and which has been granted by agricultural lease and

which premises is being used as the ordinary residence of the

occupant, saving other provisions in these regulations, may request the

Authority to purchase the part of the premises occupied by him, under

the conditions laid down in these regulations.

(2) The applicant shall provide all documentation requested of

him by the Authority in order to prove that

(a) the premises occupied is currently utilised as the

ordinary residence of the applicant;

(b) the premises has all the necessary development

permits from the competent authorities

Provided that if the premises was built before 1968,

the applicant must submit a declaration provided by the Planning

Authority stating that said premises appear on the 1968 survey

sheets; and

(c) the premises is shown as built premises in the 2018

aerial photos.

The applicant shall provide the following documents with Documents

required.

every application made in accordance with these regulations

(a)

a copy of the payment receipt of five hundred euro

(€500) to be made with each online application;

(b)

the contract of agricultural lease, if available;

(c)

proof that the premises was being used as ordinary

residence before the coming into force of these regulations;

(d)

a copy of the applicants identity cards;

(e) an affidavit signed by the applicant stating that the

premises is his ordinary residence;

(f) an affidavit stating that the entire content of the

application is true and that it did not omit any other relevant

information or facts and that, if such were known to the

Authority, the application would be rejected. No applicant may

justify such an omission on the basis of the fact that the

Authority was already informed of such information or facts.

(g) photographs which shall indicate the date and time

they were taken and showing the current state of the premises;

(h) 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. there shall also be

submitted a scanned plan, duly authenticated by an architect;

(i) a plan of the Land Registry, duly authenticated by an

architect; and

(j)

a copy of the actual electricity and water bills.

The transfer of title granted by the Authority under these

regulations may be done as follows:-

(a) by virtue of contract of sale against payment

according to the rates set out in the schedules published in the

Gazette; or

(b) by granting a perpetual emphytheusis, which

emphyteusis shall be calculated in accordance with the rates set

out in the schedules published in the Gazette. The perpetual

emphyteusis shall be redeemable up to a period of fifteen (15)

years from the date of the contract and under such conditions as

may be laid down by the Authority.

(1) The rates per square meter shall be set up by the Rates set per

square meter.

Authority and shall be published in the Gazette.

(2) These rates may vary according to the type of premises as

well as the area on which the premises in question is built.

(3) The Authority reserves the right to receive and process

applications according to a schedule of localities and after the

necessary studies have been carried out on the respective localities.

The Authority shall time to time inform the public of Objections.

applications on particular sites. Any person shall have the right to

submit his objections to the Authority in respect of a particular

application within thirty (30) days of the publication of the notice.

(1) Applications under these regulations shall be refused Exclusions.

if the premises

(a) does not have the necessary permits issued by the

Planning Authority or the declaration provided by the Planning

Authority that the said premises appear on the 1968 survey sheet;

or

(b) has stop notices or enforcement notices or stop and

enforcement notices or warning notices issued by the competent

Authority

Provided that if it has these impediments, they shall

be remedied before the application can be processed under these

regulations.

(2) The land adjacent to the ordinary residence shall be

excluded from the transfer and retains the title of agricultural lease.

(3) The application does not confer any rights or entitlements

in favour of the applicant or any other person. The Authority, in its

sole discretion, reserves the right to refuse and reject any application

submitted pursuant to these regulations. That refusal or rejection shall

be in writing and shall include detailed reasons for its decision.

(4) 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.

Provided that 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.

Any sale or redemption of the perpetual emphyteusis made

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

The Authority shall have the right to bring an action before

the Civil Court, First Hall 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

Provided that 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.

€0.45