LAND REGISTRATION (SUBMISSION OF PLANS) RULES (submissionofplans)

LAND REGISTRATION (SUBMISSION OF PLANS)

SUBSIDIARY LEGISLATION 296.08

LAND REGISTRATION

(SUBMISSION OF PLANS) RULES

2nd May, 1994

LEGAL NOTICE 43 of 1994, as amended by Legal Notices 179 of 1994,

187 of 1995, 21 and 423 of 2007, and 87 of 2015 and 143 of 2019.

The title of these rules is the Land Registration

(Submission of Plans) Rules.

Added by

L.N. 179 of 1994.

(Rule 3)

Official Plans

LAND REGISTRATION (SUBMISSION OF PLANS)

(1) Each application presented at the Land Registration

Agency shall be accompanied by the plans as stipulated hereunder

unless otherwise indicated.

(2) The official plan of the Land Registry shall consist of the

plan which should have been issued by the Land Registry after the

13 th June, 2011. The scale of the plan is to be determined in

relation to the size of the property.

(3) The plan must include the following information

(a) the exact site and configuration;

(b) the distance from the nearest corner or other fixed

point;

(c) the area;

(d) in the case of urban or built up property, the

measurements around the perimeter;

(e) in the case of rural unbuilt property, the measurements

around the perimeter unless the relative field/land is

encompassed by a wall which is visible on the official

plan.

(f) in the case where that part of the plan shown at a scale

higher than 1:2500 so permits, the applicant may use

the official plan to indicate the nature and extent of

other applicant’s rights;

(g) the level of the property and/or the level of building;

(h) in the case where an additional detailed plan is

required, the detailed plan should indicate

(i) the scale that is being used and should include

either a vertical or a horizontal scale bar;

(ii) the level of the building from the lowest level;

(iii) any common parts and rights at all levels which

are enjoyed or to which the property is subject,

which rights will be determined from the

applicant’s title deed;

(iv) the said plans should also include a legend

where the colour red would indicate that the

applicant is the owner, while any other rights are

LAND REGISTRATION (SUBMISSION OF PLANS)

to be indicated in any colour the applicant deems

fit;

(v) the original plan and the detailed plans duly

completed by, or under the supervision of, the

architect in accordance with these rules, shall be

signed in blue ink, by the architect who shall set

his official stamp or write his name in block

capitals below his signature; and

(vi) detailed plans are to be submitted on at least size

A3 paper.

(1) With every request for an official search there shall be

attached the official plan(s) on the model indicated in rule 2

Provided that in instances where the official

search effects property which has already been registered, the

applicant may use true copies of the plan(s) already available at

the Land Registry if they are in line with current regulations

and legislation. However the site-plan of the property may not

be submitted if in the search reference is made to a specific

title.

(2) With every application for a registration of a property/

caution/charge/waiver there shall be attached the official plan on

the model indicated in rule 2 with the exception of those instances

indicated in sub-rule (5)

Provided that no plan will be required to be

submitted with any application for a registration of a property/

charge/ waiver if this application is already registered as one

entity by a particular certificate of title or is subject as one

entity to a particular application.

(3) No plans are required with an application for a cancellation/

withdrawal of caution

Provided that the Notary will have to confirm on

the relative application that he has confirmed with applicant/s

that the plan of the particular certificate of title/application is in

conformity with the property being registered/charged/waived.

(4) The plans mentioned in rule 2, shall be available on request

from the Land Registry during normal opening hours of the Land

Registry or ordered on line by accessing the portal https://

www.landregistryplans.gov.mt/ against payment of a fee as may be

indicated from time to time.

(5) In instances where registered property shall be divided into

various other units, prior to the lodgement of any application for

the registration of any unit or any other application which does not

effect the entirety of the property, the developer/vendor is to

furnish the detailed plans of all the levels of the property as

developed or as shall be developed and which plans are to have all

LAND REGISTRATION (SUBMISSION OF PLANS)

the specifications as indicated in rule 2 and which plans are to be

signed by the Architect. Prior to the submission of any application,

the Land Registrar will indicate that the configuration of the

detailed plans tallies with the configuration of the parcel of the

property registered. In instances where the development

encompasses all the area registered by the respective title, the Land

Registry site-plan may not be required and this at the discretion of

the Land Registrar

Provided that in instances where a parcel of land

or a field is divided into various lots, an official Land Registry

site-plan having the specifications indicated in rule 2 shall be

required, therein indicating the different plots and which plan is

to be signed by an Architect.

(6) Copies of such plans may be used for any future registration

of any other particular unit in the development/land.

(7) Any interested person may obtain copies of the plans

submitted at the Land Registry and may use same for the

registration of other property when required.

(8) All applications which were pending due to the fact that the

relative plans were not in compliant priorto the coming into force

of this order, but now are in compliant, may request to have the

plans interpreted under these rules after a written request is

submitted to the Land Registrar.

(9) The Land Registrar reserves the right to amend these rules

at his discretion.

LAND REGISTRATION (SUBMISSION OF PLANS)