Emphyteusis Regulations, 2024 (preambolu—jewenfitewsi)

L.N. 196 of 2024

GOVERNMENT LANDS ACT

(CAP. 573)

Amendment or Revocation of a Condition Imposed in a Contract

of a Property Transferred by the Government, the Lands

Authority or Ecclesiastical Entities by means of a Sale or

Emphyteusis Regulations, 2024

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

77 of the Government Lands Act, the Minister responsible for the

Lands Authority and the Minister responsible for justice have made the

following regulations:-

The title of these regulations is the Amendment or

Revocation of a Condition Imposed in a Contract of a Property

Transferred by the Government, the Lands Authority or Ecclesiastical

Entities by means of a Sale or Emphyteusis Regulations, 2024.

Schedule of payments and administrative penalties

(regulation 6)

Table A

Site Area (Footprint)

1m² - 300m²

301m² - 600m² 601m² - 900m²

901m² -

1201m² -

1200m²

1500m²

Amendment or revocation of

€2,500

€5,000

€7,500

€10,000

€12,500

a minor condition*

Amendment or revocation of

€5,000

€10,000

€15,000

€20,000

€25,000

a medium condition*

Amendment or revocation of

€10,000

€20,000

€30,000

€40,000

€50,000

a major condition*

*In case of breach of a condition, an administrative penalty equivalent to 25% of the amount indicated, as the case

may be, shall be imposed.

€0.63

In these regulations, unless the context otherwise requires

"Act" means the Government Lands Act;

"Authority" means the Lands Authority as established in

accordance with article 5 of the Lands Authority Act;

"applicant" means any natural or legal person who applies

to the Authority to amend or revoke a condition imposed in the

original contract in accordance with these regulations;

"Board" means the Board of Governors of the Lands

Authority composed in accordance with article 10 of the Lands

Authority Act;

"condition" means a requirement or term stipulated and

defined in the contract with which one or both of the parties shall

comply

Provided that a condition may vary in importance

within the context of the contract and which can be categorised

as being of minor, medium or major level of importance

Provided further that the Board or any such other

member or officer of the Authority as may be authorised by the

Authority shall decide on a case-by-case basis the level of

importance of the said condition;

"core conditions" mean any of the following

(a)

the title by virtue of which the land was

granted;

(b)

the date of revision of the emphyteusis;

(c)

the canone in cases of emphyteusis; and

(d)

the term of emphyteusis;

"person" means a natural or juridical person;

"site" means the footprint of the property granted by direct

sale or emphyteusis, irrespective of the current development

state.

(1) Any person who has a title of acquisition by virtue of Qualification.

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, which subsequently transferred the title to the

Government, whether registered in the name of the Government or

shall be registered in the name of the Government may, save as

provided in the other provisions of these regulations, request the

Authority to amend or revoke a condition imposed in the original

contract

Provided that any amendment and, or revocation of the

condition may only be done after the written acceptance of such

change by the Authority

Provided further that no amendment or revocation of a

condition shall be allowed to the core conditions of any contract

Provided further that no modification to or removal of a

condition shall be accepted in a contract resulting from a

Parliamentary resolution, or a tender or an auction.

(2) The Authority shall have the sole discretion on the

acceptance or otherwise in cases of requests of an amendment or a

revocation to any other condition of the contract

Provided that the Authority shall decide on requests of an

amendment or a revocation of any condition of the contract only in

case where the contract does not specify the remedies available.

(3) Any person who has a title of acquisition by virtue of a

public deed or emphyteusis on property that would have been

transferred to the applicant by the Government or the Authority, or by

an ecclesiastical entity which subsequently transferred the title to the

Government, whether registered in the name of the Government or

shall be registered in the name of the Government and has breached

the conditions in the contract may, save as provided in the other

provisions of these regulations, pay the amount determined by the

Authority to compensate for the breach as established in accordance

with regulation 5.

The applicant shall be recognised by the Authority as an

owner or emphyteuta of the land or building

Provided that in the case of an emphyteusis, the applicant

shall prove that there are no arrears of ground rent due to the Authority

on the property in respect of which the application is being submitted

in accordance with these regulations.

The value for the amendment or revocation of a condition

in the original contract of sale or emphyteusis shall be established by

the Authority in accordance with regulations 6 and 7, after determining

whether the condition in the contract is of a minor, medium or major

level of importance

Provided that any contractual condition shall be considered

as an encumbrance over the entire site even when it may appear that it

is only applicable to a part thereof

Provided further that in the case where an amendment or a

revocation of more than one condition in the contract is being

requested, the payment due as fees and administrative penalties as the

case may be, shall be considered in accordance with the provisions of

these regulations for each condition whose amendment or revocation is

being requested.

Fees in relation to sites having a footprint not exceeding

one thousand and five hundred metres squared (1,500m 2 ) shall be in

the amount established in Table A of the Schedule according to the

level of importance of the condition as determined by the Authority.

(1) The value for the revocation of a condition in relation

to sites with a footprint in excess of the one thousand and five hundred

metres squared (1,500m 2 ) shall be established by a Perit appointed by

the Authority, which estimate shall be carried out in accordance with

article 79 of the Act

Provided that the valuation shall reflect the freehold value

of the land on the date of the application, with all its potential

development according to the planning plans and policies in force, and

in any case no regard shall be had to any building, development or

other improvement already developed or made thereon by the owner or

the emphyteuta

Provided further that all valuation related costs shall be

calculated in accordance with article 79(5) of the Act and shall be

borne by the applicant.

(2) The amount payable by the applicant for the removal of a

condition of minor importance as determined by the Authority shall be

equivalent to two point five percent (2.5%) of the value determined in

accordance with sub-regulation (1) provided that it may never be less

than twelve thousand and five hundred euro (€12,500).

(3) The amount payable by the applicant for the removal of a

condition of medium level of importance as determined by the

Authority shall be equivalent to five percent (5%) of the value

determined in accordance with sub-regulation (1), provided that it may

never be less than twenty five thousand euro (€25,000).

(4) The amount payable by the applicant for the removal of a

condition of a major level of importance as determined by the

Authority shall be equivalent to ten percent (10%) of the value

determined in sub-regulation (1), provided that it may never be less

than fifty thousand euro (€50,000).

If it results that during the verification of the application, Administrative

the relevant condition is already being breached, the applicant shall be penalty.

liable to an administrative penalty that shall be equivalent to twenty-

five percent (25%) of the value determined in regulations 6 and 7 as

the case may be.

The provisions of regulation 5 shall be applied if an Multi-

application for the removal of a condition is submitted by an owner ownership site.

and, or a recognised emphyteuta of a unit forming part of an existing

multi-storey development that was built over a site that is encumbered

by a specific contractual condition

Provided that the Authority shall claim payment from the

applicant in an amount equivalent to the total payable sum as divided

by the number of units built thereon on the date of the application.

Any modification to, or removal of, a condition, in the Public contract

for amendment

original contract shall be made by a public contract.

or revocation of

a condition.

There may be no change in the applicant, after an

application has been submitted in accordance with these regulations,

unless it results from a declaration causa mortis that the rights over

that property, in respect of which an application is submitted, have

been transferred to the person requesting such amendment.

(1) Any application submitted to the Authority in

accordance with these regulations shall be considered valid only after

all the necessary requirements stipulated in the application form have

been satisfied.

(2) The Authority shall have the right to request any other

information or documentation which it deems necessary to process the

application.

(3) The Authority shall have the right to suspend, and where it

deems necessary deny, any application submitted in accordance with

these regulations where it results that there is a legal challenge in

respect of the land to which the application relates.

Before the processing of any application may commence in

accordance with these regulations, the applicant shall pay all the

arrears due by him in accordance with regulation 4.

Any applicant who submits an application in accordance

with these regulations shall submit the information requested together

with his sworn declaration 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

Provided that the applicant may not justify such an

omission on the basis of the fact that the Authority was already aware

of this information or of these facts.

The payment of five hundred euros (€500) shall accompany

every application submitted under these regulations.

The Authority shall ensure that all expenses incidental to

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

respect of which the application has been submitted may be published

unless all these expenses have been collected.

(1) The Authority shall reserve the right to refuse and

reject any application made in accordance with these regulations in its

absolute sole discretion

Provided that the rejection and, 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

Provided that the applicant shall only be entitled to any

reimbursements in relation to expenses incurred in accordance with

these regulations

Provided further that no action shall be taken against the

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

(3) These regulations shall not apply in the case that such

property has been transferred to the Housing Authority.

The Authority shall have the right to file a case before the Action before

Civil Court, First Hall, if it considers that there has been a breach of the courts.

any provision of these regulations, even after the relative contract has

been published, against any person involved and request the court for

the reinstatement of any amendment or any revocation of a condition

imposed in the original emphyteusis contract and which was amended

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

transferred to a third party

Provided that no person against whom the Authority files a

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

nature, or compensation of any kind, for all the improvements they

have obtained or could have obtained over such building.

The Authority shall ensure that all expenses incurred in Expenses.

relation to, or incidental to an application submitted in accordance

with these regulations are borne by the applicant, and no transfer shall

be made before the Authority is satisfied that all the expenses were

collected in their entirety.

An applicant shall have a right of appeal from a decision of Appeal.

the Authority taken pursuant to these regulations in accordance with

article 57 of the Lands Authority Act.

The Modification to, or Removal of, a Condition or Repeal and

Conditions imposed in a Contract of a Property Transferred by the saving.

Government, the Lands Authority or Ecclesiastical Entities through a

Sale or Emphyteusis Regulations are hereby repealed without

prejudice to anything done or omitted to be done thereunder.

Any request for the amendment or revocation of any Transitory

condition imposed in an original contract of a property owned by the provisions.

Government or an ecclesiastical entity which is pending before the

Authority prior to the entry into force of these regulations, shall be

examined and decided by the Authority in accordance with these

regulations.