REGISTRATION OF DECONTROLLED DWELLING HOUSES REGULATIONS

REGISTRATION OF DECONTROLLED DWELLING HOUSES

SUBSIDIARY LEGISLATION 158.01

REGISTRATION OF DECONTROLLED DWELLING

HOUSES REGULATIONS

10th April, 1959

LEGAL NOTICE 32 of 1959, as amended by Legal Notices 41 of 1968,

11 of 1970, 15 of 1972, 33 of 1984, 82 of 1988, 213 of 1997, 410 of 2007

and 90 of 2015.

The title of these regulations is the Registration of

Decontrolled Dwelling Houses Regulations.

(1) The Land Valuation Officer (hereinafter referred to as

''the Officer'') shall keep a register of dwelling houses registered by

him as decontrolled dwelling houses under the provisions of the

Housing (Decontol) Ordinance, (hereinafter referred to as ''the

Ordinance'') and of these regulations.

(2) Such register shall be called the Register of Decontrolled

Dwelling Houses (hereinafter referred to as ''the Register'') and

shall be kept in such form and according to such method of

classification by locality or otherwise as the Officer may from time

to time determine.

(1) An application for the registration of a dwelling house

as a decontrolled dwelling house shall be made in such form and

contain such particulars as the Officer shall from time to time

determine by notice in the Gazette.

(2) A separate application shall be made in respect of each

dwelling house

Provided that, where decontrol is applied for at the same

time in respect of a number of flats belonging to the same owner

and contained in the same block of flats, only one application shall

be made in respect of such number of flats.

(3) A fee of sixty-four euro (€64) shall be paid for each

dwelling house or flat in respect of which decontrol is applied for.

The Officer may require the applicant to furnish further

particulars and to produce any books, registers, plans, contracts,

judicial acts and other documents, or copies thereof, concerning the

premises to which the application relates.

The Officer or any person authorised in writing by him in

that behalf may, on reasonable notice and during reasonable hours

of daylight, enter any premises in respect of which an application

has been made for the purpose of inspecting and taking particulars

of such premises.

(1) On being satisfied that the premises to which the

application relates comply with the requirements of any one of

paragraphs (a), (b), (c), (d), (e) or (f) of article 3 of the Ordinance

and, where applicable, are not excepted under the provisions of

REGISTRATION OF DECONTROLLED DWELLING HOUSES

article (6)(1) thereof, the Officer shall make an order granting the

application and shall send a copy of such order to the applicant by

registered post.

(2) Where article 6(4) of the Ordinance applies to a dwelling

house in respect of which an order is made under subregulation (1),

the Officer shall, in making the order, refer to the fact that the

registration of that dwelling house is to have effect only from the

day on which the owner becomes entitled to the vacant possession

upon the determination of the relevant letting.

The Officer, before he makes an order refusing an

application for registration under these regulations, shall send to

the applicant by registered post notice of his intention to make such

an order, setting out briefly the reasons why he intends to refuse the

application and giving the applicant notice that if within ten days of

the receipt of the notice the applicant informs him in writing of his

desire so to do, he will give him or his representative an

opportunity before the order is made of showing cause why the

order should not be made.

If, after complying with the provisions of regulation 7, the

Officer decides to refuse an application for registration, he shall

make an order to that effect and shall notify the applicant by

registered letter that he has made such an order.

(1) An appeal to the Board under article 4(1) of the

Ordinance may be made by means of an application to be filed

within six days from the date on which the applicant for

registration is notified of the order refusing the registration.

(2) The application to the Board shall, on pain of nullity, be

signed by an advocate or a legal procurator, and shall contain a

clear indication of the premises in respect of which it is made and a

statement of the grounds on which the appeal is entered.

(3) With each application there shall be filed a true copy

thereof for service upon the Officer.

(4) On the filing of each application to the Board, a registry

fee of three euros and forty-nine cents (3.49) shall be paid in

addition to the appropriate transport fees for service of the copy of

the application.

(5) The date of hearing shall be so fixed by the Board that not

less than eight working days shall intervene between the filing of

the application and the first hearing of the matter, provided that not

less than three working days shall be allowed between the date of

service of the application of the Officer and the date fixed for the

hearing of the application.

(6) The Officer shall make his submissions orally or in

writing, if any, at the first hearing of the matter.

(7) In default of any submissions on the day fixed for hearing,

in contestation of the demand contained in the application, the

Board shall allow the application.

(8) The Board may, if it deems it so necessary, carry out an

inspection of the premises through its technical members.

REGISTRATION OF DECONTROLLED DWELLING HOUSES

(9) The fee payable to the advocate or legal procurator

representing the parties in an appeal to the Board under article 4(1)

of the Ordinance shall not be less than four euros and sixty-six

cents (4.66) and not more than nine euros and thirty-two cents

(9.32), as may be fixed by the Board.

(10) The provisions of the Reletting of Urban Property

(Regulation) Ordinance shall apply to any application by means of

which an appeal is entered to the Board under article 4(1) of the

Ordinance and to the proceedings connected therewith.

An appeal from the decision of the Board under article 4(3)

of the Ordinance shall be brought before the Court of Appeal by

means of an application to be filed within six days from the day on

which the decision of the Board is delivered.

On making an order for registration under regulation 6, or

where an order under regulation 8 refusing registration is reversed

by a decision of the Board or of the Court of Appeal, as the case

may be, the Officer shall cause the dwelling house to which the

order relates to be included in the Register by means of an entry

containing -

(a) the date of registration;

(b) the locality, street name, door number and other

particulars sufficient to identify the dwelling house;

(c) the date of the decision of the Board or of the Court of

Appeal, if any, granting the registration;

(d) a reference to the provision of the Ordinance under

which the regulation is allowed; and

(e) a reference to any reservation which is to be made

under regulation 6(2).

Without prejudice to the provisions of regulation 5, the

Officer may delegate any of his duties, powers and functions under

these regulations, other than the making of an order refusing

registration, to any Assistant Land Valuation Officer or to any other

public officer.

Any person may during the usual office hours inspect the

Register and take notes therefrom.

(1) On application accompanied by a fee of two euro and

sixty cents (€2.60) the Officer shall issue, in respect of any one

particular dwelling house, a certificate stating whether that house is

registered as a decontrolled dwelling house.

(2) The certificate shall indicate the date of registration, the

provision of the Ordinance under which registration is allowed, and

any reservation made under regulation 6(2).