Regulations, 2026

L.N. 160 of 2026

GOVERNMENT LANDS ACT

(CAP. 573)

Regularisation of Titles of Ordinary Residences Built on

Government Land granted by Agricultural Leases (Amendment)

Regulations, 2026

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 Regularisation of Titles

of Ordinary Residences Built on Government Land granted by

Agricultural Leases (Amendment) Regulations, 2026 and these

regulations shall be read and construed as one with the Regularisation

of Titles of Ordinary Residences Built on Government Land granted

by Agricultural Leases Regulations, hereinafter referred to as the

"principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a) the definition "applicant" shall be substituted by the

following new definition

" "applicant" means a person submitting a request in

accordance with these regulations to purchase his sole and

ordinary residence or acquire a title of perpetual

emphyteusis over his sole and ordinary residence which is

built on Government agricultural land

Provided that the applicant shall be the person

occupying the premises and use it as a sole and ordinary

residence;";

(b)

the

definition

"ordinary

residence"

shall

be

substituted by the following new definition

" "sole and ordinary residence" means a premises

used by a person as their sole and ordinary place of

residence and also includes garages or spaces adjacent to

the property, provided that these adjacent spaces are used

as an extension of the property for the purposes of the

Development Planning (Health and Sanitary) Regulations

or for further spaces adjacent to the premises, as long as

they form an integral part of the same premises

Provided that guest houses or dormitories shall

not be considered as residences for the purpose of these

regulations

Provided further that premises located in Malta

which are occupied by residents from Gozo and Comino

due to employment or education in Malta shall also be

regulated by these regulations

Provided further that the same shall apply to

residents from Malta who occupy premises located in

Gozo and Comino due to employment or education in

Gozo and Comino

Provided further that any premises or part of a

premises used as a residence shall be suitable for

habitation;";

(c) the definition "premises" shall be substituted by the

following new definition

" "premises" means any building utilised as the sole

and ordinary residence;".

Regulation 4 of the principal regulations shall be Substitutes

substituted by the following new regulation

(1) Any application submitted to the

Authority in accordance with these regulations shall be

deemed valid after all the necessary requirements listed

in the application form have been met, including the

payment of five hundred euro (€500) on submission of

the said application.

(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 it necessary, refuse any

such application where it results that there is a legal

challenge regarding the land to which the application

relates.".

4. Regulation 5 of the principal regulations shall be

substituted by the following new regulation

The transfer of title granted by the Authority

in accordance with these regulations may be effected as

follows

(a) by means of a contract of sale at the

rates established by the Authority on the date of

publication of the contract;

(b) by means of a perpetual emphyteutical

concession, which ground rent shall be revisable

every fifteen (15) years, calculated from the date

of publication of the contract, at a rate of fifteen

per cent (15%). The emphyteuta shall have the

option to redeem the ground rent after fifteen (15)

years from the date of the emphyteutical grant,

and thereafter only in the year in which the

ground rent is revised. Such redemption shall be

effected by payment of a lump sum equal to the

amount of the ground rent, as revised, capitalised

at a rate of five per cent (5%)

Provided that if the emphyteuta opts to

redeem the ground rent prior to the first revision,

specifically during the first fifteen (15) years from the

date of the emphyteutical grant, such redemption shall

be effected after the ground rent is revised in

accordance with the rates indicated in Schedule II, and

upon payment of a sum equivalent to the amount of the

ground rent, as revised, capitalised at the rates indicated

in the said Schedule.".

5. Regulation 6 of the principal regulations shall be

substituted by the following new regulation

" Established rates.

(1) The rates established by the Authority

for every square metre of land occupied in respect of

requests for transfer of title in accordance with

paragraph (a) of regulation 5 shall be those indicated in

Schedule I

Provided that in case the request is in

accordance with paragraph (b) of regulation 5, the rates

indicated in Schedule II shall apply.

(2) In cases where multi-level occupation

already exists which are held pro diviso, the Authority

shall transfer each level by means of a separate title,

after determining the overall value of the land occupied

in accordance with Schedule I, and after carrying out an

appropriate and proportionate apportionment exercise

of the value according to the titles claimed for each

respective level.

(3) In cases where the occupation of the land is

held pro indiviso, such as the common parts of a

condomium, the Authority shall transfer the land pro

indiviso, and the resulting costs shall be apportioned

among the respective levels according to the title

requested by the applicants for each level.".

6. Regulation 7 of the principal regulations shall be Substitutes

regulation 7 of

substituted by the following new regulation

the principal

regulations.

(1) In addition to the application

submitted to the Authority in accordance with these

regulations, the applicant shall provide a declaration

signed by him confirming that all the contents of the

application submitted are correct and that no other

relevant facts, information or documentation were

omitted, which if known to the Authority would have

led to the refusal of the application.

(2) No justification may be made by the

applicant for his failure to omit facts, information, or

other documentation relevant to the application on the

basis of the fact that the Authority already had

knowledge

of

those

facts,

information

or

documentation.".

7. Regulation 8 of the principal regulations shall be Substitutes

regulation 8 of

substituted by the following new regulation

the principal

regulations.

(1) Applications submitted in accordance

with these regulations shall be refused 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,

these shall be remedied before the application can be

processed in accordance with these regulations.

(2) The part of agricultural land which does not

form part of the sole and ordinary residence as defined

in these regulations shall be excluded from the transfer

and shall retain the agricultural lease title.

(3) Any commercial premises or any land used

for commercial or storage purposes, as well as any

other land not forming part of the sole and ordinary

residence as defined in these regulations shall be

excluded from the transfer.

(4) The application does not confer any rights or

entitlements in favour of the applicant or any other

person and the Authority, in its sole discretion, reserves

the right to refuse any application submitted in

accordance with these regulations provided that such

refusal shall be in writing and shall include detailed

reasons for its decision.

(5) The Authority shall have 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 premises is located at a site of national

importance

Provided that in that case, the applicant shall

only be entitled to receive the costs he paid to apply in

accordance with 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.".

8. Regulation 9 of the principal regulations shall be

substituted by the following new regulation

Any transfer made by the Authority in terms of

regulation 5 shall be made by means of a public deed.".

9. Immediately after regulation 10 of the principal regulations

there shall be added the following new regulation

" Right of appeal.

An applicant shall have a right of appeal

from a decision of the Authority taken in accordance

with article 57 of the Lands Authority Act.".

10. Immediately after regulation 11 of the principal Adds new

regulations, as added, there shall be added the following new Schedules

principal

Schedules

regulations.

"Schedule I

(regulation 5(a))

Transfer of the title granted by the Authority by means of a contract of

sale

Type of land

Rate payable per square metre

of occupied land (€/m²)

All land occupied by a sole and

ordinary residence, except for

land occupied by detached or

semi-detached residences,

including farmhouses

All land occupied by detached

or semi-detached residences,

including farmhouses

Spaces adjacent to the premises

used as an extension of the

premises for the purposes of

sanitary laws

Any further spaces adjacent to

the premises, provided that they

form an integral part of the said

premises, as defined in these

regulations

Schedule II

(regulation 5(b))

Transfer of title granted by the Authority by means of a perpetual

emphyteutical concession revisable every fifteen (15) years

1. The amount due for the occupation of the land resulting

from the calculations in accordance with Schedule I shall be divided

by 35, after taking into account the provisions of regulation 6, and the

resulting amount shall be the annual ground rent payable to the

Authority.

2. The emphyteutical concession shall commence to run from

the date on which the contract is signed and the ground rent due shall

be paid annually in advance.

3. The redemption of the ground rent and the purchase of the

direct dominium shall be carried out in accordance with the rates

established below

Revision

Percentage rate (%)

Amount of years of

Percentage Rate

capitalisation for

ground rent paid

redemption of ground rent

0 (immediate

0%

redemption)

2.857 (multiplied by 35)

1%

2.941 (multiplied by 34)

2%

3.030 (multiplied by 33)

3%

3.125 (multiplied by 32)

4%

3.226 (multiplied by 31)

5%

3.333 (multiplied by 30)

6%

3.448 (multiplied by 29)

7%

3.571 (multiplied by 28)

8%

3.704 (multiplied by 27)

9%

3.846 (multiplied by 26)

10%

4.000 (multiplied by 25)

11%

4.167 (multiplied by 24)

12%

4.348 (multiplied by 23)

13%

4.545 (multiplied by 22)

14%

4.762 (multiplied by 21)

5.000 (multiplied by 20) ".

15%

11. In the principal regulations the words "ordinary residence",

wherever they occur, shall be substituted by the words "sole and

ordinary residence".

€0.63