REGULARISATION OF EXISTING DEVELOPMENT REGULATIONS

SUBSIDIARY LEGISLATION 552.26

REGULARISATION OF EXISTING

DEVELOPMENT REGULATIONS

19th August, 2016

LEGAL NOTICE 285 of 2016, as amended by Legal Notice 282 of 2018

225 of 2019, 375 of 2020 and 96 of 2023.

The title of these regulations is the Regularisation of

Existing Development Regulations.

(1) In these regulations, unless the context otherwise

requires

"the Act" means the Development Planning Act;

"amenity" has the same meaning assigned to it by the

Development Control Design Policy, Guidance and Standards

2015;

"the Authority" means the Planning Board as defined in the Act;

"Development Zone " means land within the boundary for

development in a planning scheme or local plan;

"injury to amenity" means any development which causes harm

to an amenity. For the purpose of these regulations, uses falling

within any of the uses defined in classes 1, 4A or 4B of the

Development Planning (Use Classes) Order are not deemed to

constitute an injury to an amenity;

"the Tribunal" means the Environment and Planning Review

Tribunal as defined in the Environment and Planning Review

Tribunal Act;

"Urban Conservation Area" means an area of land designated as

such in a planning scheme or local plan or other currently approved

planning policies.

(2) In these regulations, words and expressions defined in the

Act shall have the same meaning as they have in the Act.

The scope of these regulations is to lay down procedures by

which any person may request the regularisation of an existing

irregular development. These regulations shall only apply to

(a) that irregular development located entirely in a

Development Zone;

(b) that irregular development located entirely within the

boundaries of Category 1 Rural Settlements as

delineated in the Local Plans;

(c) that irregular development located within a

Development Zone but partially extends Outside the

Development Zone; or

(d) that irregular development already covered by a Category

B concession issued in terms of the Eighth Schedule to

the Environment and Development Planning Act prior to

the coming into force of these regulations and located in

a Development Zone.

(1) An existing irregular development as stipulated in

regulation 3 requiring regularisation and which was in existence prior

to the coming into force of these regulations, may be regularised by

means of the following procedure, unless a permit is otherwise

lawfully obtained

(a) an electronic application is to be submitted to the

Authority requesting the regularisation of the relative

development;

(b) the application shall be submitted by the applicant’s

perit and shall be accompanied by the applicant’s

declaration certifying the applicant’s ownership of the

existing development

Provided that where the applicant is not the owner of

the existing development, he has notified the owner of

his intention to apply by registered letter of which a

copy has been received by the Authority and that the

owner has granted his consent to such a proposal;

(c) the applicant’s perit shall also be required to submit

the following

(i) a site plan indicating the exact location of the

existing development;

(ii) detailed plans of the existing development which

must also indicate the type of use of the relative

development;

(iii) external elevations of the existing development

which must clearly indicate the type of materials

used in the same development;

(iv) sections of the existing development;

(v) three photographs relative to each external

elevation of the existing building taken from

different angles.

Additionally, where the existing development is

located in an Urban Conservation Area, an

internal photographic survey of all the rooms

and any other internal structure of the existing

development cross referenced to an existing plan

must be submitted;

(vi) documentary proof confirming that the specific

use is in line with the provisions of sub-

regulation (5)(c) and (d);

(vii)

the payment of a minimum administrative fee of

fifty euro (€50).

(2) Developments already covered by a Category B concession

issued in terms of the Environment and Development Planning Act

prior to the coming into force of these regulations and located in a

Development Zone may be regularised by means of the following

procedure

(a) an electronic application is to be submitted to the

Authority requesting the regularisation of the Category

B concession by a permission;

(b) the application shall be submitted by the applicant's

perit and shall be accompanied by the applicant's

declaration certifying the applicant's ownership of the

existing development

Provided that where the applicant is not the owner of

the existing development, he has notified the owner of

his intention to apply by registered letter of which a

copy has been received by the Authority and that the

owner has granted his consent to such a proposal;

(c) the applicant’s perit shall also be required to submit

(i)

a clean copy of drawings showing the building

as constructed;

(ii) the payment of a minimum administrative fee of

fifty euro (€50).

(3) Any application shall be deemed to be ab initio invalid if

any one or more of the submission requirements specified in sub-

regulations (1) or (2), as the case may be, have not been complied

with. Applications which are ab initio invalid shall be

automatically rejected by the Authority without any further

consideration. Fees submitted with invalid applications shall be

refundable, however the Authority shall retain the minimum

administrative fee of fifty euro (€50).

(4) Any part of the existing development which is not shown on

the relative drawings submitted together with the application shall

not be considered as a regularised development, if the relative

application is approved.

(5) The development specified in these regulations can be

regularised if

(a) in the opinion of the Authority, the development does

not constitute an injury to amenity; and

(b) the use of the development is in conformity with

current planning policies and regulations; or

(c) the relative use falls within any of the uses defined in

classes 1, 4A or 4B of the Development Planning (Use

Classes) Order provided that documentary proof is

submitted showing that the uses defined in Classes 4A

or 4B have subsisted continuously for three

consecutive years immediately prior to the coming into

force of these regulations; or

(d) the development involves the subdivision of dwellings

provided that documentary proof in the form of a deed

of transfer showing that the subdivision occurred prior

to the coming into force of these regulations is submitted;

or

(e) the regularisation relates to development located only on

land accommodating existing buildings and their

curtilage, which land is located within a Development

Zone but partially extends Outside Development Zone

(ODZ), and is covered by a development permit issued

prior to the coming into force of these regulations

Provided that paragraphs (a), (b), (c), (d) and (e) shall not

apply to an application submitted in terms of sub-regulation (2) for the

regularisation of a Category B concession with a permit.

(6) The existing development which may be regularised in

terms of sub-regulation (1) shall be the footprint which appears in

the Authority’s aerial photographs of the year 2016. Any extension

or addition in the footprint of the relative development beyond that

which appears in the Authority’s aerial photographs of the year

2016 cannot be regularised in terms of these regulations.

(1) When an application is submitted on a site affected by

an enforcement notice which is still in force, and the notice was

issued following the submission of a formal complaint by third

parties, the Executive Chairperson shall inform the same third

parties of the submission of the application and request them to

indicate, within fifteen days from notification, whether they should

be considered as registered interested parties in terms of article

71(6) of the Act. Upon confirmation from the third parties that they

should be considered as registered interested parties, the provisions

of the Act with regards to registered interested third parties shall

apply mutatis mutandis.

(2) The Authority shall, following the recommendation of the

Executive Chairperson, decide upon any application which has

been validly submitted in accordance to the provisions of

regulation 4. In deciding upon any such application, the Authority

shall apply the provisions of these regulations. Furthermore, when

the Authority does not follow the recommendation of the Executive

Chairperson, it shall provide the specific planning reasons adduced

by it justifying the overturning of such recommendation.

(3) Where the Authority decides to approve an application

submitted in terms of regulation 4, it shall have the power to

impose any condition which it may deem necessary, including, but

not limited to, the execution of specific works within a specified

time-frame of two years failing which the application shall be

dismissed.

(4) Any full development permission granted by the Authority

in terms of these regulations shall be issued saving third party civil

rights and shall not be deemed to confer any proprietary rights or

any title whatsoever over the existing development to which the

same permission relates. This permission does not exonerate the

applicant from obtaining any other necessary permission, license,

clearance or approval required from any Government department,

local council, agency or authority as required by any law or

regulation.

(5) The applicant shall have a right to appeal the Authority’s

decision before the Tribunal in terms of the Environment and

Review Tribunal Act.

(6) The Authority may, at any time, revoke or modify any

permission issued in terms of these regulations in accordance with

article 80 of the Act.

(1) The Executive Chairperson shall inform the applicant

and the perit of the fees to be charged by the Authority for

applications submitted in terms of these regulations which fees

shall be charged at the rates set out in the Schedule. The total

aggregate roofed over area of each floor of the property being

regularised under one application shall be taken into account when

determining the fees to be charged.

(2) The fees shall be paid prior to the formulation of the

recommendation by the Executive Chairperson.

(3) The fees paid to the Authority for a Category B concession

issued in terms of the Environment and Development Planning Act

shall be deducted from the fees to be charged for applications

submitted on the same site of the concession in terms of these

regulations.

(4) When an application has been refused by the Authority,

90% of the fees paid shall be refunded to the applicant.

Deleted by Legal Notice 375 of 2020.

Schedule - Fees to be charged by the Authority

Amended by

L.N. 96 of 2023.

(Regulation 6)

Type

Development

Total area of site ODZ (excluding area of main building but includ-

ing all ancillary buildings) up to and including (m²)

All un-roofed

€400

€750

€1,850

€4,950

€6,200

€7,450

development at

ground level on

land ODZ

covered by a

development

permit issued

prior to the com-

ing into force of

these regulations

Total footprint of roofed structures beneath ground level on land

ODZ (excluding footprint of structures beneath area of main build-

ing but including footprint of roofed structure beneath all ancillary

buildings) up to and including (m²)

Regulation All roofed

€450

€900

€2,150

€5,805

€7,300

€8,750

3(c) irregular structures

development beneath ground

level on land

ODZ

covered by a de-

velopment per-

mit issued prior

to the coming

into force of

these regulations

Total area of site ODZ (excluding area of main building but including all

ancillary buildings) up to and including (m²)

€8,750

€9,900

€11,150

€12,650

€13,800

€14,950

ment permit is-

Total footprint of roofed structures beneath ground level on land ODZ (ex-

cluding footprint of structures beneath area of main building but including

footprint of roofed structure beneath all ancillary buildings) up to and in-

cluding (m²)

€10,250

€11,600

€13,100

€14,850

€16,200

€17,550

REGULARISATION OF EXISTING DEVELOPMENT

Development Total area of site ODZ (excluding area of main building but including

all ancillary buildings) up to and including (m²)

All un-roofed €17,250

€19,550

€25,300

€36,800

€49,450

€98,900

development

level on land

ODZ covered

by a develop-

to the coming

Total footprint of roofed structures beneath ground level on land ODZ

(excluding footprint of structures beneath area of main building but in-

cluding footprint of roofed structure beneath all ancillary buildings) up

to and including (m²)

€20,250

€22,950

€29,700

€43,200

€58,050

€116,100

on land ODZ

covered by a

development

permit issued

force of these

Total area of site ODZ (excluding area of main building but including all

ancillary buildings) up to and including (m²)

10000

>10000

€126,50 €149,50 €195,50 €253,00 €368,00 €494,50 €989,000

level on land

ered by a de-

sued prior to

into force of

Total footprint of roofed structures beneath ground level on land ODZ (ex-

cluding footprint of structures beneath area of main building but including

footprint of roofed structure beneath all ancillary buildings) up to and in-

cluding (m²)

10000

>10000

€148,50 €175,50 €229,50 €297,00 €432,00 €580,50 €1,161,00

ground level

ered by a de-

sued prior to

into force of