MT
SCHEDULE OF PENALTIES REGULATIONS
Table of Provisions (15)
Statutory Text (15 Articles)
SCHEDULE OF PENALTIES
SUBSIDIARY LEGISLATION 552.25
SCHEDULE OF PENALTIES REGULATIONS
24th November, 2012 *
LEGAL NOTICE 277 of 2012, as amended by Legal Notice 288 of 2013.
(1) The title of these regulations is the Schedule of
Penalties Regulations.
(2) These regulations shall apply to those applications
submitted on or after the date of coming into force of these
regulations * .
(2) The penalties mentioned in Schedule A shall be paid upon
the decision of a development planning application indicating the
need for sanctioning the offence, and shall be increased by a further
50% if such offence was not indicated by the applicant when the
said application was submitted.
(3) The penalty shall be calculated in relation to the DPF, as
shown in Schedule A.
(1)
In these regulations, unless the context otherwise
requires
"the Act" means the Environment Protection Act or the
Development Planning Act, as the case may require;
"the Authority" means the Planning Authority established under
the Development Planning Act and, or the Environment and
Resources Authority established under the Environment Protection
Act, as the case may be;
"DPF" means the development permission fee in accordance
with the Development Planning (Fees) Regulations, applicable on
an application relating to the illegal development undertaken, or
relating only to the illegal part in the case of an application
covering a number of developments;
"ODZ" means Outside Development Zone and means
development outside the boundary of a temporary provisions
scheme or outside the boundary for development in a local plan;
"protected area" means an area which is protected under the
provisions of the Act or any regulation made thereunder.
(2) Development under these regulations shall exclude minor
amendments and development notification orders without
notification.
(3) In these regulations any expression defined by the Act has
the same meaning as it has in the Act.
ŻVILUPP MINGĦAJR IL-PERMESS TAL-IŻVILUPP
Żvilupp li mhux fl-ODZ
Multa
Meta d-DPF huwa 1,000 Euro jew inqas
400% tad-DPF b’minimu
ta’ 100 Euro
Meta d-DPF huwa bejn 1,000 Euro u 2,000 Euro
400% tad-DPF
Meta DPF huwa iżjed minn 2,000 Euro
400% tad-DPF sa massimu
ta’ 50,000 Euro
Żvilupp fl-ODZ
Multa
Meta d-DPF huwa 1,000 Euro jew inqas
300 Euro + 600% tad-DPF
b’minimu ta’ 100 Euro
Meta d-DPF huwa bejn 1,000 Euro u 2,000 Euro
400 Euro + 600% tad-DPF
Meta DPF huwa iżjed minn 2,000 Euro
500 Euro + 600% tad-DPF
sa massimu ta’ 50,000 Euro
Meta l-iżvilupp imsemmi hawn qabel isir f ’żona protetta u mhux relatat ma’
żvilupp ġewwa rziezet reġistrati għat-trobbija tal-annimali, il-multa msemmija hawn
qabel tista’ tiġi miżjuda b’100%.
SKEDI TA’ MULTI
Where the Authority gives notice in writing to a person in
accordance with article 93(1) of the Environment and Development
Planning Act, the penalty which is to be notified to such person
shall be in accordance with the schedules to these regulations in
terms of the following regulations.
DEVELOPMENT NOT IN ACCORDANCE WITH A DEVELOPMENT
PERMISSION OR NOT ACCORDING TO OFFICIAL ALIGNMENT,
EXCLUDING MINOR AMENDMENTS
Development not in ODZ
Penalty
Where the DPF is Euro 1000 or less
Euro 300 + 200% of the DPF
with a minimum of Euro 500
Where the DPF is between Euro 1000 and Euro 2000 Euro 400 + 200% of the DPF
Where the DPF is more than Euro 2000
Euro 500 + 200% of the DPF
up to a m axim um of Euro
50,000
Development in ODZ
Penalty
Where the DPF is Euro 1000 or less
Euro 300 + 400% of the DPF
with a minimum of Euro 100
Where the DPF is between Euro 1000 and Euro 2000 Euro 400 + 400% of the DPF
Where the DPF is more than Euro 2000
Euro 500 + 400% of the DPF
up to a m axim um of Euro
50,000
Where the development above-mentioned is carried out in a protected area and not
related to development within registered livestock farms, the above-mentioned fine
may be increased by 100% up to a maximum of Euro 50,000.
For the purposes of this Schedule, "development not in accordance with a
development permission" shall mean a development which exceeds the approved
footprint or, increases the approved volume of the building in excess of what is
provided for in regulation 6(b).
(1) Where the offence consists in failure to comply with
approved plans or conditions or other obligations imposed by a
development permission, unless such offence falls under Schedule
C, the penalties shall be in accordance with Schedule A.
*see sub-regulation (2) of regulation 1 of these regulations, as originally promulgated.
DEVELOPMENT WITHOUT A DEVELOPMENT PERMISSION
Development not in ODZ
Penalty
Where the DPF is Euro 1000 or less
400% of the DPF with a
minimum of Euro 100
Where the DPF is between Euro 1000 and Euro 2000 400% of the DPF
Where the DPF is more than Euro 2000
400% of the DPF up to a
maximum of Euro 50,000
Development in ODZ
Penalty
Where the DPF is Euro 1000 or less
Euro 300 + 600% of the DPF
with a minimum of Euro 100
Where the DPF is between Euro 1000 and Euro 2000 Euro 400 + 600% of the DPF
Where the DPF is more than Euro 2000
Euro 500 + 600% of the DPF
up to a m axim um of Euro
50,000
(1) Where the offence consists of development carried out
without a development permission, unless such offence falls under
Schedule C, the penalties shall be in accordance with Schedule B.
(2) The penalties mentioned in Schedule B shall be paid upon
the decision of a development planning application indicating the
need for sanctioning the offence, and shall be increased by 50% if
such offence was not indicated by the applicant when the said
application was submitted.
(3) The penalty shall be calculated in relation to the DPF, as
shown in Schedule B.
Where the development above-mentioned is carried out in a protected area and not
related to development within registered livestock farms, the above-mentioned fine
may be increased by 100%.
The following offences shall be considered as minor
offences for the purposes of these regulations and shall, unless such
property is within a protected area, be regulated by the penalties
mentioned in Schedule C
(a) an extension to a change of use not exceeding 25
square metres, changes to size, style, form and other
similar elements of the facade, excluding timber
balconies, where such changes alter materially the
character or context of the building and its
surroundings but does not result in a totally different
facade, and
(b) addition of 36 square metres to a building, provided
that such an addition would not result in the creation
of an additional dwelling unit;
(c) a development notification order with notification.
MINOR OFFENCES AND DEVELOPMENT NOTIFICATION ORDER
The penalty is Euro 150
Where the development above-mentioned is carried out in a protected area and not
related to development within registered livestock farms, the above-mentioned fine
may be increased by 100%.
The offences mentioned in Schedule D shall be regulated
by the penalties mentioned therein.
SCHEDULE OF PENALTIES
OTHER OFFENCES
Type of offence
Penalty
Failure to serve a commencement notice or to serve
it within the required time when this is required
For alterations or extensions
Euro 50
For single dwelling units
Euro 75
For other development
Euro 200
Failure to return Setting Out Request Notice when
this is required
Euro 150
Failure to affix the permit notice when required
when development is taking place
At first instance
Euro 50
For subsequent instances on same site
Euro 100
Failure to obtain a Completion Certificate
(certifying that the development has been carried out
in accordance with the approved plans and with the
conditions imposed on a permission) if imposed in a
condition
Euro 1500
Tampering with seals placed by the Authority
1st attempt
Euro 1500
subsequent attempts
Euro 12,000 each time
Where the development above-mentioned is carried out in a protected area and not
related to development within registered livestock farms, the above-mentioned fine
may be increased by 100%.