Emphyteusis (Amendment) Regulations, 2025

L.N. 50 of 2025

GOVERNMENT LANDS ACT

(CAP. 573)

Redemption of Land belonging to the Government or to the

Lands Authority under a Title of Revisable Perpetual

Emphyteusis (Amendment) Regulations, 2025

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 Redemption of Land Citation.

belonging to the Government or to the Lands Authority under a Title

of Revisable Perpetual Emphyteusis (Amendment) Regulations, 2025

and these regulations shall be read and construed as one with the

Redemption of Land belonging to the Government or to the Lands S.L. 573.07.

Authority under a Title of Revisable Perpetual Emphyteusis

Regulations, hereinafter referred to as the "principal regulations".

In the Maltese version only, in regulation 1 of the principal Amends

regulations, immediately after the words "jew tal-Awtorità" there shall regulation

the principal

be added the word "tal-Artijiet".

regulations.

Regulation 3 of the principal regulations shall be Substitutes

regulation 3 of

substituted by the following new regulation

the principal

regulations.

" Qualification.

3. Any person who holds a property of the

Government or of the Authority under a title of

revisable perpetual emphyteusis may, subject to what is

stated in the other provisions of these regulations,

request the Authority to redeem the said property at any

time

Provided that if the contract of concession

establishes a time for the redemption to take place, the

conditions of the contract shall prevail

Provided further that if the property is not

yet registered with the Land Registry and the property

is not an Ecclesiastical property, the applicant shall

register the property with the Land Registry

Provided further that any emphytuesis

described as a temporary emphyteusis ad infinitum shall

be regulated in accordance with these regulations.".

Paragraph (a) of regulation 5 of the principal regulations

shall be substituted by the following new paragraph

"(a) be a natural or a legal person

Provided that if the applicant is not listed in

article 3 of the Immovable Property (Acquisition by

Non-Residents) Act, the provisions relating to the

acquisition of the immovable property permit shall be

adhered to;".

Sub-regulation (2) of regulation 6 shall be substituted by

the following new sub-regulation

"(2) The sum to be paid for the redemption of the

perpetual and revisable ground rent before the first revision,

shall be equivalent to the amount of the ground rent payable at

the time of the submission of the application, adjusted according

to the index of inflation taken from the year preceding the

submission of the application in accordance with these

regulations and the index of inflation taken from the year prior to

the commencement of the contract of perpetual emphyteusis

capitalised at the rate of five per cent (5%)

Provided that in cases where the application for

redemption has been submitted in the year preceding the date of

the first revision of the ground rent, the sum to be paid for the

redemption of the perpetual and revisable ground rent shall be

equivalent to the amount of the ground rent payable at the time

of the submission of the application adjusted according to the

index of inflation taken from the year preceding the last revision

capitalised at the rate of five per cent (5%)

Provided further that if the contract had already been

subject to revision, the redemption of the perpetual and revisable

ground rent shall be equivalent to the amount of the ground rent

payable at the time of the submission of the application adjusted

according to the index of inflation taken from the year preceding

the last revision capitalised at the rate of five per cent (5%)

Provided further that this sub-regulation shall apply

irrespective of the method used to revise the perpetual ground

rent.".

Regulation 8 of the principal regulations shall be

substituted by the following new regulation

Any person who acquires a property on

which there is a pending redemption application under

these regulations, shall request the Authority to be

recognised as the new empytheuta and subsequently

shall be able to continue with the redemption

application submitted by the original applicant, without

prejudice to the payment of laudemium

Provided that the name of the applicant shall

also be changed in case when the rights over the

property for which there is a pending redemption

application have passed to the new person by means of

a causa mortis declaration.".

7. Regulation 9 of the principal regulations shall be Substitutes

regulation 9 of

substituted by the following new regulation

the principal

regulations.

(1) Any application submitted to the

Authority in accordance with these regulations shall be

considered valid only after all the necessary

requirements listed in the application form as

prescribed by the Authority 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) Without prejudice to regulation 15, 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 property to

which the application relates.".

8. Regulation 17 of the principal regulations shall be Substitutes

regulation 17 of

substituted by the following new regulation

the principal

regulations.

Any request for redemption of perpetual and

revisable ground rent of property belonging to the

Government or to the Authority before the coming into

force of these regulations, shall be examined and

decided in accordance with the laws in force at the time

the application was submitted

Provided that any request for redemption of

perpetual and revisable ground rent of property

belonging to the Government or to the Authority after

the coming into force of these regulations shall be

examined and decided in accordance with these

regulations

Provided further that any rights acquired by

any applicant by virtue of these regulations shall not be

detracted from.".

€0.36