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CONDOMINIUM REGULATIONS

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Laws of Malta — Subsidiary Legislation 398.1 — CONDOMINIUM REGULATIONS

SUBSIDIARY LEGISLATION 398.01

CONDOMINIUM REGULATIONS

1st January, 2002

LEGAL NOTICE 328 of 2001, as amended by Legal Notices 425 of 2007,

426 of 2012 85 of 2015 and 256 of 2019.

Laws of Malta — Subsidiary Legislation 398.1 — CONDOMINIUM REGULATIONS

The title of these regulations is the Condominium

Regulations.

Laws of Malta — Subsidiary Legislation 398.1 — CONDOMINIUM REGULATIONS

Amended by

L.N. 425 of 2007;

L.N. 426 of 2012.

FORM No. 1

CONDOMINIUM ACT, Cap. 398

ADMINISTRATOR

(For Office Use)

Condominium No.

Date

Payment

Received by

Insert here the nature of the NOTIFICATION

(Note: i.e. specify or

indicate which applies)

First Appointment

Change relating to Administrator

Condominium address -

Commence from the town or village, continue with the street or locality,

number or name.

Number of units

Specify the number of units forming the Condominium.

Number of condominii

2. Particulars of administrator being appointed, changed or removed

Name, surname, address and a legally valid identification document number

provided that if the person does not have a legally valid identification document, the

Passport number suffices.

Date of Appointment

Term of Appointment

4. List of documents

5. I hereunder signed declare to the best of my knowledge that the contents of

this notice are true and in accordance witti the provisions of the Condominium Act.

Signature

NAME IN BLOCKS

FORM No. 2

CONDOMIMUM ACT, Cap. 398

REGISTRATION OF RULES OR AMENDMENTS THERETO

(For Office Use)

Condominium No.

Date

Payment

Received by

Insert here the nature of the APPLICATION

(Note: i.e. specify or

indicate which applies)

Registration of Rules

Amendments of Rules

Condominium address -

Commence from the town or village, continue with the street or locality,

number or name.

Number of units

Specify the number of units forming the Condominium.

Number of condominii

2. Particulars of person submitting rules

Name, surname, address and a legally valid identification document number

provided that if the person does not have a legally valid identification document, the

passport number will suffice.

3. List of documents

4. I hereunder signed declare to the best of my knowledge that the contents of

this application are true and in accordance with the provisions of the Condominium

Signature

NAME IN BLOCKS

FORM No. 3

CONDOMINIUM ACT, Cap. 398

REQUEST FOR INFORMATION/COPIES

Please supply me (Name) .................................................................................. of

(Address) .................................................................................................................

with copies of

1.

2.

3.

4. or all documents relating to Condominium No. ............

Paid

€ ..................... Receipt No. ...................

FORM No. 4

CONDOMINIUM ACT, Cap. 398

NOTICE

Notice is hereby given that I have received an application for the registration of

and or amendment to rules regulating the following condominia

Condominium No.

Address of

Remarks

Date of Registration

Condominium

(Registration of Rules/

Amendments to Rules)

Laws of Malta — Subsidiary Legislation 398.1 — CONDOMINIUM REGULATIONS

In these regulations, unless the context otherwise requires -

"Act" means the Condominium Act;

"administrator" means the person appointed in terms of article 15

of the Act;

"annotation" means any note entered on the registers;

"form" means any form prescribed in the First Schedule and

includes any form used in the operation of the Land Registry for the

purpose of the Act;

"plan" means a plan issued by the Land Registry;

"Registrar" means the Land Registrar in terms of the Land

Registration Act;

"register" includes notifications and applications, indexes and

lists, notes, and other records, whether original or not, and whether

handwritten, typed, microfilmed or reproduced by any other

mechanical means or in computer format;

"Registry" means the Land Registry as set up by article 3 of the

Land Registration Act;

"rules"means those rules approved in terms of article 24 of the

Act.

Laws of Malta — Subsidiary Legislation 398.1 — CONDOMINIUM REGULATIONS

Substituted by

L.N. 425 of 2007;

L.N. 85 of 2015;

L.N. 256 of 2019.

Service

1. Notification of Administrator

€ 5.00

per unit

Minimum charge

€15.00

2. Registration of Rules

€ 5.00

per unit

Minimum Charge

€30.00

3. Any subsequent amendments to rules

€ 3.00

per unit

Minimum charge

€10.00

4. Copies of documents or plans

For every folio

€1.00

Legal copies – per folio

€1.50

Laws of Malta — Subsidiary Legislation 398.1 — CONDOMINIUM REGULATIONS

(1) (a)The notification of the appointment, change or removal

of an administrator, prescribed in article 15 of the Act

shall be made on the form prescribed in the First

Schedule, and such form shall be accompanied by a

declaration signed by the condomini stating their

approval to the appointment, change or removal as

applicable.

(b) When the administrator is appointed by the arbitrator

i n t e r m s of a r t i c l e 1 5 ( 1 ) a n d ( 3 ) o f t h e A c t , t h e

notification of the appointment or change as prescribed

in the First Schedule shall be accompanied by an

official copy of the arbitrator’s decision.

(2)

(a) The registration of the rules regulating a condominium

shall be made by fi ling at the Regi stry the form

prescribed in the First Schedule, along with a copy of

these rules duly signed by the majority of the

condomini.

(b) Where the rules regulating a condominium are changed

or modified in any way, the administrator, or, where

there is no administrator, the condomini jointly or a

person delegated by the condomini, shall provide the

registrar with a complete version of the rules as

amended or substituted, and it shall not be admissible

to provide the Registrar solely with the amendments

thereto.

(3) The first application or notification submitted at the

Registry must be accompanied by a plan indicating the site of the

condominium.

Laws of Malta — Subsidiary Legislation 398.1 — CONDOMINIUM REGULATIONS

(1) The Registrar shall keep a register of applications

referring to administrators and rules in chronological order.

(2) Annotations, rules or other documents, relating to the same

condominium shall be kept together in such a manner as the

Registrar may deem fit.

(3) The Registrar may annotate the fact that a condominium is

registered in a remarks column forming part of the register

mentioned in subregulation (1).

Laws of Malta — Subsidiary Legislation 398.1 — CONDOMINIUM REGULATIONS

(1) All applications and notifications must be drawn up on

A4 size paper in the strict format and order prescribed in the First

Schedule and shall

(a) be typewritten by mechanical and/or electronic means;

(b) be free from discoloration and blemishes;

(c) contain a reference to any annexure thereto;

(d) be signed by the person submitting the application or

notice provided that the name in full shall be typed,

rubber stamped or hand-written in block letters under

each signature;

(e) contain the following declaration: "I hereunder signed

declare to the best of my knowledge that the contents

of this notice/application are true and in accordance

with the provisions of the Condominium Act."

Provided that when an additional form is used it shall -

(i)

be pinned or stapled to the form to which it

refers and shall contain a reference thereto;

(ii) be enumerated;

(iii) be signed by the persons specified in paragraph

(d).

(2) Where it is necessary to remove, vary or add any words

before the form is lodged, the person lodging that form shall make

such variation or addition by means of a note at the end of the form;

in any such case such person shall cancel the words which it is

desired to remove or vary in such a manner as to leave the words so

cancelled still legible, and shall make a note stating the number of

words so cancelled or as the case may be, that other words are

substituted for those cancelled and writing immediately after the

words so substituted; in the case of addition of words, such person

shall make a mark at the place where the addition is to be made,

and a note at the end of the form with the expression "words added"

or similar expression, and shall write immediately after the words

to be added. Such notes are to be signed by the party or parties

signing the form.

Laws of Malta — Subsidiary Legislation 398.1 — CONDOMINIUM REGULATIONS

(1) The Registrar may issue copies of the documents

submitted, and such copies may be computer-generated.

(2) Any such copies or extracts therefrom or other records or

documents filed or held at the Land Registry, shall, if dated, signed

and sealed, be deemed to be official copies.

(3) Applications for copies shall be made on the form

prescribed in the First Schedule.

Laws of Malta — Subsidiary Legislation 398.1 — CONDOMINIUM REGULATIONS

The Registry shall be kept open for the filing of documents

at such time and on such dates as the Minister may by notice in the

Gazette establish

Provided that this shall not preclude the Minister from

establishing different times for the inspection of the records, and

where access is granted through electronic means from a remote

site, the Minister shall establish the conditions, manner and times

of such inspections in the said notice.

Laws of Malta — Subsidiary Legislation 398.1 — CONDOMINIUM REGULATIONS

The fees payable shall be those set out in the Second

Schedule.

Laws of Malta — Subsidiary Legislation 398.1 — CONDOMINIUM REGULATIONS

The seal of the Land Registry shall be that established by

article 9 of the Land Registration Act.

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