Agricultural Purposes Regulations (Amendment), 2026

L.N. 161 of 2026

GOVERNMENT LANDS ACT

(CAP. 573)

Regularisation of Titles of Ordinary Residences Built on

Government Land Granted by Temporary Emphyteusis for

Agricultural Purposes Regulations (Amendment), 2026

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

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

the Lands Authority in concurrence with the Minister responsible for

justice have made the following regulations:-

The title of these regulations is the Regularisation of Titles Citation.

of Ordinary Residences Built on Government Land Granted by

Temporary Emphyteusis for Agricultural Purposes (Amendment)

Regulations, 2026 and these regulations shall be read and construed as

one with the Regularisation of Titles of Ordinary Residences Built on S.L. 573.12.

Government Land Granted by Temporary Emphyteusis for

Agricultural Purposes Regulations, hereinafter referred to as the

"principal regulations".

Regulation 2 of the principal regulations shall be amended Amends

regulation 2 of

as follows

the principal

regulations.

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

following new definition

" "applicant" means a person submitting a request

under these regulations to convert the title from temporary

to perpetual emphyteusis over his sole and ordinary

residence and which is built on Government land granted

with a temporary emphyteusis for agricultural purposes.

The applicant must be the person occupying the premises

as his sole and ordinary residence;";

(b) in the English version only, the definition "premises"

shall be substituted by the following new definition:"

" "premises" means any building utilised as the sole

and ordinary residence of the applicant;";

(c)

the definition "ordinary residence" shall be

substituted by the following new definition

" "sole and ordinary residence" means a premises

used by a person as his sole and ordinary residence and

includes garages or spaces adjacent to the premises,

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 further spaces adjacent to the premises, and that 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 in Malta

occupied by residents from Gozo and Comino due to

employment or education in Malta shall be regulated by

these regulations

Provided further that premises in Gozo and

Comino occupied by residents from Malta due to

employment or education in Gozo and Comino shall be

regulated by these regulations

Provided further that any premises or part of a

premises used as a residence shall be suitable for

habitation;";

(d) immediately thereafter there shall be added the following

new definition

" "temporary emphyteusis for agricultural purposes"

shall mean an emphyteutical concession with an expiry

date, wherein there is specified that the land shall be used

for agricultural purposes or that the land shall be used

partly for agricultural purposes and partly for residential

purposes.".

Regulation 3 of the principal regulations shall be

substituted by the following new regulation

3. (1) Any person occupying premises built

on Government land and which have been granted on

purposes into a sole temporary emphyteusis for agricultural purposes and

which premises are being used as the sole and ordinary

residence of the occupant, may request the Authority to

convert that part of the premises occupied by him under

temporary emphyteusis into perpetual emphyteusis, in

accordance with the conditions established in these

regulations.

(2) Any emphyteutical concession which was

granted before the date of coming into force of these

regulations and has expired shall be deemed to be

tacitly renewed and the conditions established in such

concession shall remain applicable.

(3) The applicant shall submit an application for

recognition of his obligations as an emphyteuta with the

application under these regulations.

(4) The

applicant

shall

provide

all

documentation requested by the Authority in order to

prove that

(a) the occupied premises are used as the

sole and ordinary residence of the applicant;

(b) the premises has all the necessary

development permits from the competent

authorities

Provided that if the premises were built

before the year 1968, the applicant shall submit a

declaration provided by the Planning Authority

that the said premises appears on the survey sheet

of the year 1968;

(c) the premises are shown as premises

built in the aerial photos of 2018.".

Regulation 4 of the principal regulations shall be Substitutes

regulation 4 of

substituted by the following new regulation

the principal

regulations.

4. (1) Any application submitted to the

Authority in accordance with these regulations shall be

deemed valid after all the requirements listed in the

application form have been met, including the payment

fee of five hundred euro (€500) upon submission of the

same application.

(2) The Authority shall have the right to request

any other information or documentation it deems

necessary to process the application.

(3) The Authority shall have the right to

suspend and where it deems necessary, refuse any

application submitted in accordance with these

regulations where it results that there is any legal

challenge regarding the land to which the application

relates.".

Regulation 5 of the principal regulations shall be

substituted by the following new regulation

5. The transfer of title granted by the Authority

in accordance with these regulations may be effected by

means of a perpetual emphyteutical concession, which

shall be revisable every fifteen (15) years from the date

of publication of the deed at the 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 always in the

year in which the ground rent is revised. Such

redemption shall be effected by the payment of a sum

equivalent to the amount of the groundrent, as revised

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

Provided that if the emphyteuta decides to

redeem the ground rent prior to the first revision

specifically during the first fifteen (15) years from the

date of the emphyteutical grant, in such case the

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 and

capitalised at the rates indicated in Schedule II

Provided further that all conditions of the

original temporary emphyteusis which are not

applicable to a perpetual emphyteusis shall cease to

have effect.".

Regulation 6 of the principal regulations shall be

substituted by the following new regulation;

6. (1) The applicable rates for applications

submitted in accordance with these regulations are

those established in Schedule I and Schedule II.

(2) In order to determine the annual ground rent

due to the Authority, the calculation shall first be made

in accordance with the rates established in Schedule I

and the resulting calculation shall be used for the

computation in accordance with Schedule II.

(3) In cases where multi-level occupation

already exists which are 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 in accordance with the titles claimed for

each respective level.

(4) In case the occupation of the land is pro

indiviso, as in the common parts of the condomium, the

Authority shall transfer the land pro indiviso and the

resulting costs shall be apportioned between the

respective levels in accordance with the title claimed by

the applicants for each level.".

Regulation 7 of the principal regulations shall be Substitutes

regulation 7 of

substituted by the following new regulation

the principal

regulations.

7. (1) In addition to the application

submitted to the Authority in terms of 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 have been omitted

which, had they been known to the Authority, would

have led to the refusal of the application.

(2) No justification shall be made by the

applicant for any failure to provide facts, information,

or other documentation relevant to the application on

the basis that the Authority already had knowledge of

such facts, information or documentation.".

Regulation 8 of the principal regulations shall be Substitutes

regulation 8 of

substituted by the following new regulation

the principal

regulations.

8. (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 the premises has any

one of these impediments, they shall be remedied

before the application may be processed under

these regulations.

(2) The part of the temporary emphyteusis for

agricultural purposes 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 title of temporary emphyteusis under the

original conditions.

(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.

(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 pursuant to

these regulations

Provided that every refusal shall be in

writing and shall include detailed reasons on which

such decision is based upon.

(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 property 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

pursuant to these regulations. The Authority shall be

exempt from any damages or any request for the

payment of any kind of compensation made by the

applicant in this regard.".

Immediately after regulation 10 of the principal

regulations, there shall be added the following new regulation

An applicant shall have a right of appeal

from a decision of the Authority taken under these

regulations in terms of article 57 of the Lands Authority

Act.".

10. Immediately after regulation 11, as added, there shall be

added the following new Schedules

"Schedule I

Applicable rates per square metre for each type of land according

to these regulations

Rate payable per metre

Type of land

square of occupied land

€/m 2

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 dwellings including

farmhouses.

Any space adjacent to the premises

used as an extension of the

premises for the purpose of

sanitary laws.

Any further space adjacent to the

premises, provided it forms an

integral part of the same premises

according to the definition under

these regulations.

Schedule II

Computation of the ground rent applicable to perpetual emphyteutical

concessions according to these regulations

1. The amount resulting from the calculations according to

Schedule I, shall be divided by 35 after taking into account the

provisions of regulation 6, and the resulting amount shall be the annual

groundrent due to the Lands Authority.

2. The emphyteutical concession commences to run from the

day that the contract is signed and the groundrent due has to be paid

annually in advance.

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

B B 1628

direct dominium shall be made at the rates established below

Amount of

Revision

years of

Percentage

Percentage rate (%)

groundrent

Rate

capitalisation for redemption of

paid

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)

15%

5.000 (multiplied by 20)".

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

General

amendments to

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

the principal

ordinary residence".

regulations.

€0.72