Emphyteusis (Amendment) Regulations, 2025

L.N. 75 of 2025

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 (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 has made the

following regulations:-

The title of these regulations is the Amendment or Citation.

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 (Amendment)

Regulations, 2025 and these regulations shall be read and construed as

one with the Amendment or Revocation of a Condition Imposed in a S.L. 573.17.

Contract of a Property Transferred by the Government, the Lands

Authority or Ecclesiastical Entities by Means of a Sale or Emphyteusis

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

Regulation 3 of the principal regulations shall be Substitutes

substituted by the following new regulation

(1) Any person who has a title of acquisition

"Qualification.

by virtue of a public deed or emphyteusis on property that

has been transferred to the applicant by the Government or

the Authority, or by an ecclesiastical entity, who

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 in the following

cases

(a) core conditions of any contract;

(b) conditions in a contract resulting from a

Parliamentary resolution; and, or

(c) conditions in a contract resulting from a

tender, or an auction, save for those conditions in a

contract resulting from a tender, or an auction for an

emphyteutical grant which had already been

published in the Gazette by the Commissioner of

Lands prior to the entry into force of the Act.

(2) The Authority shall have the sole discretion on

the acceptance or otherwise in cases of requests for an

amendment or a revocation of any other condition of the

contract

Provided that the Authority shall decide on

requests for an amendment or a revocation of any

condition of the contract only in case where the contract

does not specify the remedies available

Provided further that the Authority shall refuse

an application if it deems that the change in condition

shall negatively affect the intrinsic value of the property

subject to application

Provided further that the Authority shall refuse

an application in a case where the request to replace a

condition in a contract referred to in paragraph (c) of sub-

regulation (1) results in a change of use from use of a

commercial nature including industrial use, to residential

use.

(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 if it

shall be registered in the name of the Government and has

breached the conditions in the contract shall, 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.".

3. Regulation 6 of the principal regulations shall be

substituted by the following new regulation

" Fees for sites

Fees in relation to sites having a footprint not

exceeding

one

thousand and five hundred metres squared

(1,500m ) shall be in the amount established in Table A of

metres squared the Schedule in accordance with the level of importance

of the condition as determined by the Authority

Provided that if the condition in a contract

resulting from a tender or, an auction for an emphyteutical

grant which had already been published in the Gazette by

the Commissioner of Lands, the fee shall be in accordance

with the amount indicated in Table A, with an additional

hundred per cent (100%) of the applicable amount.".

4. The Schedule to the principal regulations shall be Amends the

Schedule to the

substituted by the following new Schedule

principal

regulations.

"SCHEDULE

Schedule of payments and administrative penalties

(regulations 6 and 8)

Table A

1m² -

301m² -

601m² -

901m² -

1201m² -

Site Area (Footprint)

300m²

600m²

900m²

1200m²

1500m²

Amendment or

revocation of a minor

€2,500

€5,000

€7,500 €10,000

€12,500

condition

Amendment or

revocation of a medium

€5,000

€10,000

€15,000 €20,000

€25,000

condition

Amendment or

revocation of a major

€10,000

€20,000

€30,000 €40,000

€50,000

condition

Notes

1. In case of breach of a condition in a contract, an administrative penalty

equivalent to 25% of the amount indicated, as the case may be, shall be

imposed, in accordance with the provisions of regulation 8.

2. If the condition in a contract resulting from a tender or, an auction for an

emphyteutical grant which had already been published in the Gazette by the

Commissioner of Lands, the fee shall be in accordance with the amount

indicated in Table A, with an additional hundred per cent (100%) of the

applicable amount in accordance with the provisions of regulation 6.

3. In case of breach of a condition in a contract resulting from a tender or, an

auction for an emphyteutical grant which had already been published in the

Gazette by the Commissioner of Lands, an administrative penalty equivalent to

25% of the amount indicated in note number 2, shall be imposed in accordance

with the provisions of regulation 8.".

€0.36