DEVELOPMENT NOTIFICATION ORDER

SUBSIDIARY LEGISLATION 552.08

DEVELOPMENT NOTIFICATION ORDER

3rd June, 2016 *

LEGAL NOTICE 211 of 2016, as amended by Legal Notices 4 and 199 of

2017, 152 of 2018, 421 of 2020, 181 and 281 of 2021 and 37, 97 and 183 of

2023, 90 of 2024 and 85 of 2025.

The title of this Order is the Development Notification

Order.

CLASSES OF PERMITTED DEVELOPMENT

(Regulation 3)

INDEX TO SCHEDULE I

Class 1 Alterations to existing buildings and development within the curtilage of

(i)

Internal alterations

(ii)

Alteration or replacement of apertures

(iii)

Water tanks and associated apparatus

(iv)

Solar panels and photovoltaic panels

(v)

Roof Structures

Class 2 Minor works

(i)

Front garden walls and similar walls around gardens and

recreational areas

(ii)

Boundary walls around undeveloped land abutting a street

(iii)

Timber gates in existing openings

(iv)

Erection or alteration of random dry-stone rubble walls on

existing agricultural land

(v)

Repair of existing boundary walls

(vi)

Repair of buildings or other structures

(vii) Surveillance and security equipment, and similar small equipment

(viii) Painting of the exterior of a building

(ix)

Air conditioning units

(x)

Replacement or reconstruction of roofs

Class 3 Formation, laying out, alteration or improvement of roads by

Government agencies, Local Councils and other entities appointed thereby

(i)

Roads and pavements within a planning scheme

(ii)

Widening, improvement or maintenance of existing roads

(iii)

Improvement or alteration of junctions

(iv)

Traffic lights

(v)

Embellishment or enhancement of roundabouts, traffic islands and

centre strips

Class 4 Minor infrastructural development

(i)

Lamp standards, public seats, litter bins, bollards, barriers and

similar structures

(ii)

Posting boxes, automated teller machines and vending machines

(iii)

Telephone boxes or booths

(iv)

Monuments and art installations

Class 5 Development related to public utility services

(i)

Repairs to services

(ii)

Development below ground level for water supply, sewerage, and

laying of pipes and cables

(iii)

Installation of service lines to individual customers

(iv)

Installation of booster stations, valve houses, meter houses and

switchgear houses

(v)

Sewage inspection chambers above ground level

(vi)

Storm water culverts

(vii) Infrastructural service ducts

(viii) Feeder or service pillars

(ix)

Development related to the electrical distribution system

Class 6 Development related to public transport

(i)

Signs for operation of route buses

(ii)

Passenger shelters and barriers

Class 7 Development related to telecommunications

(i)

Installation, maintenance or alterations of telecommunications

apparatus

(ii)

Satellite antennas

Class 8 Development related to agriculture and fisheries

(i)

Maintenance of existing farm roads by the Department of

Agriculture

(ii)

Placing of plant and machinery for the operation of a fishing port

Class 9 Placing of machinery and structures for operations

(i)

Placing of machinery and structures for development operations

Class 10 Temporary use of land

(i)

Temporary reversible use of land

(ii)

The reversible use of land, by Government entities, Local

Councils and other public entities appointed thereby

Class 11 Development related to aviation

(i)

Change of use of buildings within the perimeter of an airport

Class 12 Lighting of buildings, structures and roads

(i)

The external lighting of buildings, structures and roads

Class 13 Mineral and geological exploration and surveying, and environmental

(i)

Drilling of boreholes, seismic surveys and archaeological surveys

(ii)

Temporary environmental monitoring stations

Class 14 Tented structures and Awnings

(i)

Installation of an awning

(ii)

Placing of small tents, tarpaulins or similar structures

Class 15 Beach management facilities

(i)

Hiring of beach furniture

(ii)

Mobile installations

Class 16 Deleted by Legal Notice 85 of 2025.

Class 17 Development by the Armed Forces of Malta

(i)

Development by the Armed Forces of Malta

Class 18 Development relating to Migration Matters

(i)

Development carried out by an entity responsible for the provision

of reception services

Class 19 Filming and Activities

(i)

Filming operations

(ii)

Occasional activities

(iii)

Offroading events

CLASS 1 - Alterations to existing buildings and development within the curtilage

of buildings

(i)

Internal alterations, excluding all works that would

(a) increase the number of dwellings;

(b) increase the number of commercial outlets and floor space;

(c) increase the non-residential units;

(d) change the use of buildings; and

(e) require an increase in parking provisions

(ii)

(a) The replacement of apertures and security elements relative to

windows, doors, balconies (including timber balconies), gates and

other similar elements, including in scheduled buildings or

buildings which the Authority deems to have conservation value.

(b) The provision of security bars, projecting wrought iron windows

or security windows.

(c) The replacement of apertures and security elements in scheduled

buildings or buildings which the Authority deems to have

conservation value

Provided that such works in sub-paragraphs (a) and (b) do not

materially alter the character and, or context of the building and its

surroundings and for sub-paragraph (c) original wooden apertures and

balconies and wrought iron elements in scheduled buildings or

buildings which the Authority deems to have conservation value shall

be retained and restored and shall not be replaced if these are considered

to form part of the historic character and fabric of the building and, or

streetscape and are in a sufficiently good condition that they can be

restored.

(iii) Water tanks, with associated apparatus and the necessary screening.

(iv) Solar panels and associated apparatus, and photovoltaic panels and

associated apparatus

Provided that for paragraphs (iii) and (iv) when located on scheduled

buildings or buildings older than seventy five years which the Authority

deems to have conservation value, the permitted development shall be

located within the envelope of the building or at roof level, not

exceeding the height of the parapet wall, but not on top of a roof

structure.

(v) Roof Structures which are setback six metres from the front elevation

and do not exceed thirty six square metres when measured externally, in

UCAs but not in ODZ nor on scheduled buildings.

Only development under paragraphs (i), and (ii) and (v) shall be subject to the

notification procedure established in regulation 5(1) and (3).

CLASS 2 - Minor Works

(i)

The construction, reconstruction, maintenance, or demolition, of front

garden walls, or walls around gardens, or recreational areas, excluding

walls which are constructed in random dry-stone rubble walls (sejjiegħ).

Works shall be limited to the wall itself without any substantial

modification to a front garden, other garden, vehicular parking or

driveway.

(ii) Boundary walls around undeveloped land abutting a street.

(iii) Timber gates in existing legal openings located in ODZ.

(iv) The construction, alteration, or maintenance, of random dry-stone

rubble walls (sejjiegħ) on existing agricultural land, or along a legally

existing street, in accordance with the Rubble Walls and Rural

Structures (Conservation and Maintenance) Regulations (S.L.552.01),

subject to the following conditions

(a) the wall shall not be higher than one metre twenty centimetres

above soil level on both sides;

(b) in case of different levels between terraced land, the wall shall not

be higher than one metre twenty centimetres above the higher soil

level, and two metres forty centimetres above the lower soil level;

(c) the total demolition and reconstruction of existing random dry-

stone rubble walls (sejjiegħ) is not permitted and, in the case of

partial demolition and reconstruction, the area to be replaced

should be declared as unsafe by the perit;

(d) for the construction of new walls, a single access opening of not

more than one metre twenty centimetres wide, with a gate

constructed in timber and not exceeding the height of wall, is

permitted;

(e) new access openings on existing walls are not permitted;

(f) the construction of new walls shall not entail the sub-division of

agriculture land.

(v) The repair of existing boundary walls provided that such works do not

affect the height and character of the existing wall.

(vi) The repair of buildings or other structures, subject that such works do

not

(a) constitute the complete or substantial demolition and re-

construction, or replacement, of buildings or structures;

(b) materially alter the character and, or context of the building or

structures, and its surroundings.

(vii) The fixing of surveillance cameras, security equipment, and other

similar small-scale equipment, even on scheduled property.

(viii) The painting of the exterior of a building or work, provided that

(a) it is not for purpose of advertisement, announcement or direction;

(b) it is in congruence with the streetscape.

(ix) Air conditioning units, unless located on any façade that faces a road, or

visible from a road.

(x) Replacement or reconstruction of roofs with no substantial rebuilding of

walls and not on scheduled property.

Only development under paragraph (vi), when located within Scheduled Property,

UCA, or ODZ, and development under paragraphs (i), (iii) and (x) shall be subject to

the notification procedure established in article 5(1) and (3).

CLASS 3 - Formation, laying out, alteration or improvement of roads by

Government agencies, Local Councils and other entities appointed thereby

(i)

The formation or laying out of roads and pavements as indicated in a

planning scheme, and the alteration or creation of pavements within a

development boundary.

(ii) The widening, improvement or maintenance of an existing road within

the highway boundary.

(iii) The improvement or alteration of junctions, unless it involves the

alteration of a grade separated junction or a significant alteration in the

traffic direction.

(iv) The installation, modification or removal of traffic lights and any other

similar traffic management systems.

(v) The embellishment or enhancement of existing roundabouts, existing

traffic islands and, or existing centre strips, provided that such

embellishment or enhancement would not create an obstruction to the

view of, or a distraction to, persons using any road used by vehicular

traffic, so as to be likely to cause danger to such persons

Provided that

(a) it does not entail additional undeveloped land outside the planned

or existing highway boundary;

(b) it does not affect the planning scheme boundary or entails

departure from the official alignment;

(c) it does not entail direct or indirect damage to existing historical

buildings or monuments, archaeological features including

underground shelters, cisterns or water galleries, rubble walls and

natural stone paving; and

(d) it includes all the necessary measures so that, wherever possible

(i) infrastructural services are installed underground without

any introduction, installation or attachment of overhead

wiring on the site or its surroundings; and

(ii)

existing overhead wiring and other infrastructural services

currently above ground are relocated underground;

(e) it is subject to prior written authorisation by Transport Malta;

(f) within Valletta, Floriana, Cottonera and areas scheduled for their

archaeological importance, excavation works shall be carried out

under the supervision of an archaeologist appointed by the

Superintendent of Cultural Heritage.

Only development under paragraph (ii) where the existing road and, or pavement

are constructed in natural stone paving and paragraph (iv) where works are on or

attached to a building which in itself is a scheduled property shall be subject to the

notification procedure established in regulation 5(1) and (3).

CLASS 4 - Minor infrastructural development

(i)

The erection or construction, and the maintenance, alteration or other

improvement, of lamp standards, public seats, small-scale litter bins or

similar baskets serving public recreational areas or walkways, bollards,

barriers and similar works or structures not in ODZ.

(ii) The installation or placing of posting boxes, self-service machines or

Automated Teller Machines, or vending machines that are in line with

approved policies and guidelines not in ODZ.

(iii) The erection of telephone boxes or booths, provided that the structure

shall not exceed one meter squared in area measured externally and a

height of two metres and forty centimetres measured externally not in

ODZ.

(iv) The erection, construction, or installation of monuments and art

installations within public open spaces, excluding dismantling or

relocation, not in ODZ and provided that where the highway boundary

or a pavement are affected the development is subject to prior written

authorisation by Transport Malta and in all circumstances subject to

prior authorisation by the Malta Council for Culture and the Arts.

Only development under paragraphs (i), (ii) and (iii) shall be subject to the

notification procedure established in regulation 5(1) and (3).

CLASS 5 - Development related to public utility services

(i)

The carrying out of any works for the purpose of inspecting,

maintaining, repairing or renewing any existing sewer, main, pipe, cable

or other apparatus, including the breaking open of any made-up ground

or soil for that purpose, provided that the land is immediately and

completely returned to its original condition once the works have been

completed.

(ii) Any development below ground level, including excavation, which is

required in connection with

(a) the supply of water or for conserving, monitoring, redistributing

or augmenting water resources;

(b) the provision, improvement, maintenance or repair of a sewer or

sewerage connection or associated apparatus; or

(c) the maintenance or repair of an outfall pipe, or of a sewage

treatment plant, or of an ancillary reservoir; or

(d) the laying underground of pipes, cables or any other apparatus.

The land surface must be immediately and completely returned to its

original condition once the works have been completed.

(iii) The installation of service lines to individual customers from a service

line, including any excavations for such purpose, provided that the land

is immediately and completely returned to its original condition once

the works have been completed.

(iv) The installation, in a public water distribution or sewage infrastructural

network, of a booster station, valve house, meter house or switchgear

house, unless it involves any development above ground level in an

UCA or ODZ.

(v) The construction, provision or improvement of sewage inspection

chambers above ground level unless such chamber exceeds

(a) one square metre in area measured externally; or

(b) one metre in height measured externally above ground level. If

located ODZ, structures above ground level are to be suitably

designed to mitigate their visual impact on the surrounding

environment.

(vi) The provision, construction and renewing of any storm water culvert or

water channel, storm water drain, rainwater spout or overflow pipe, or

storm water reservoir that is altogether located under an existing road

carriageway or pavement or similar paved area. The development must

not involve channelisation of natural watercourses or valley beds.

(vii) The provision, excavation, extension or enlargement of service ducts for

the improvement, rationalisation, management or inspection of

underground services, provided that the roof of the duct is in keeping

with the surrounding land surface and, if the site lies ODZ, it shall be

suitably finished to compliment the surrounding environment.

(viii) The installation of feeder or service pillars, but not poles or masts,

provided that where located on a pavement, these shall allow at least

one metre of unobstructed pavement width

Provided that

(a) it does not entail additional undeveloped land outside the planned

or existing highway boundary;

(b) it does not entail direct or indirect damage to existing historical

buildings or monuments, archaeological features including

underground shelters, cisterns or water galleries, rubble walls and

natural stone paving; and

(c) it includes all the necessary measures so that, wherever possible

(aa) infrastructural services are installed underground without

any introduction, installation or attachment of overhead

wiring on the site or its surroundings; and

(bb) existing overhead wiring and other infrastructural services

currently above ground are relocated underground;

(d) within Valletta, Floriana, Cottonera and areas scheduled for their

archaeological importance, excavation works shall be carried out

under the supervision of an archaeologist appointed by the

Superintendent of Cultural Heritage.

(ix) Development required by the electrical distribution system operator in

connection with

(a) the construction, alteration, maintenance or repair of an electric

power distribution centres provided that the building does not

exceed the height of ten (10) meters above highest road level;

(b) the construction, alteration, maintenance or repair of electricity

power sub-stations provided that the building shall not exceed the

footprint of fifty (50) square metres and does not exceed the

height of four (4) meters above highest road level;

(c) the temporary installation of any equipment and any associated

structure, required for emergency generation of electrical power

that is installed as ancillary to existing infrastructure use provided

that the equipment and the associated structure may be retained

for a period not exceeding five (5) years, subject to the approval

of the Environment and Resources Authority

Provided that

(a) the site has adequate access from the road network;

(b) ancillary infrastructure including but not limited to cabling, pipes

and, or channel services shall be located under existing roads;

(c) aboveground level wiring, poles and off-street trenching shall be

avoided; and

(d) the design shall be in congruence with the surrounding

environment and landscape.

Development under this Class, when it is located in a UCA, ODZ and in scheduled

property or within thirty metres from a scheduled property or in a designated area,

shall be subject to the notification procedure established in article 5(1) and (3) and

developments falling under this class which are located in ODZ or in protected or

scheduled areas for environmental reasons shall be subject to prior approval by the

Environment and Resources Authority.

CLASS 6 – Development related to public transport

(i)

The installation of signs which do not exceed fifty square centimetres in

area, in connection with the operation of route buses.

(ii) The construction or replacement of existing passenger shelters

including advertisement as part of the passenger shelter, or barriers for

the control of people waiting to enter a route bus, except where the

development involves any road widening or any encroachment onto

land that is not a road carriageway, pavement or similar paved area.

CLASS 7 - Development related to telecommunications

(i)

The installation, maintenance or alteration of any telecommunications

apparatus unless such development is located ODZ or on scheduled

property.

Provided that the development does not involve

(a) the erection or alteration of buildings; or

(b) the introduction of poles and masts to support overhead wiring

and or structures with a height exceeding 10 metres to support the

permitted apparatus;

(c) direct or indirect damage to existing scheduled buildings or

monuments, archaeological features including underground

shelters, cisterns or water galleries, rubble walls and natural stone

paving.

(ii) A satellite antenna, unless in ODZ or on scheduled property and

provided that it is not visible from a public road.

CLASS 8 - Development related to agriculture and fisheries

(i)

The maintenance of existing farm roads carried out by or on behalf of

the Department of Agriculture: Provided that such works do not

(a) involve encroachment beyond the pre-existing road carriageway,

or deposition of material beyond the road carriageway, or

levelling or reclamation of land; or

(b) involve the expansion or extension or leveling or widening or re-

engineering or surfacing with concrete.

(ii) Placing of permanent plant and machinery required for the operation of

a designated fishing port subject to the prior approval of the Fisheries

Department.

Only development under paragraph (ii) shall be subject to the notification

procedure established in article 5(1) and (3).

CLASS 9 - Placing of machinery and structures for the duration of construction

works

(i)

The placing on land of a building, moveable structure, works, plant or

machinery required temporarily required in connection with, and for the

duration of, operations on, in, under or over that land or on land

immediately adjoining it, in connection with or for the purpose of

development permitted by a development permission, or by any other

permission by the Authority, or by this Order, including temporary

batching plants, subject that such works shall

(a) not apply to mining or quarrying operations; and

(b) in the case where such works would create an obstruction to an

existing pedestrian passage way, all the necessary measures shall

be taken to provide for a safe alternative passage way as directed

by the competent authority; and

(c) after completion of works, such temporary installation shall be

completely removed and the land shall be completely restored to

its pristine condition;

(d) such use does not entail direct or indirect damage to existing

historical buildings or monuments, archaeological features

including underground shelters, cisterns or water galleries, rubble

walls and natural stone paving.

Development under this Class, where the operations are going to take place within

the confines of a site which is a scheduled property, or in a designated area, or on

land that is located ODZ and, or when the operations are going to take place beyond

the confines of the site covered the development permission shall be subject to the

notification procedure established in article 5(1) and 3).

CLASS 10 - Temporary use of Land

(i)

The reversible use of land, as well as any temporary structures required

for such use, for not more than thirty days in any one calendar year,

whether the permitted use is requested or applied for by the same person

or by different persons, provided that the proposed use does not have

any negative impacts on the relative site and its surroundings and the

land is fully restored to its pristine condition and any structure removed

within ten days from the expiry of such thirty-day period.

For any land located within a distance of 100 meters from the same land

originally permitted for a specific temporary use in terms of this sub-

paragraph, the permission shall be automatically renewed for the same

or similar use as originally permitted provided that

(a) any extension may not be granted for a period of more than thirty

days and no more than three extensions may be granted in any

given calendar year. The extended period need not necessarily

refer to the thirty day period immediately following the previous

period; and

(b) the Authority is satisfied that the extension relates to a site which

lies within a development zone; and the proposed use does not

have any negative impacts on the relative site or its surroundings

and any structure used on the relative site is easily demountable;

and

(c) any land in relation to which an extension has been permitted in

terms of this sub-paragraph shall be fully restored to its pristine

condition and any structure removed within ten days from the

expiry of each permitted period unless the extended period

immediately follows the previous period, in which case the

relative restoration and removal of any structure shall be carried

out within ten days from the last permitted period.

(ii) The reversible use of land by Government entities, Local Councils and

other public entities appointed thereby, for the temporary use of land for

cultural and social purposes, and for the temporary placing and use of a

caravan or a camp, as well as any temporary structures required for such

use for not more than four calendar months in one (1) calendar year only,

provided that the land used is fully restored to its pristine condition and

any structures are removed within ten days from the expiry of such

period, except for sites located in scheduled property

Provided that the use of land is not permitted if such use is for off-road

vehicle, motor car and motorcycle racing or rallying, or for practising

for these events and activities

Provided further that the development described shall only be permitted

if

(a) any temporary structure required for such use would not impair

visibility at a road junction or otherwise pose a threat to the safety

of pedestrians or vehicular traffic;

(b) such use does not entail direct or indirect damage to existing

historical buildings or monuments, archaeological or cultural or

natural or landscape remnants including underground shelters, caves,

cisterns or water galleries, natural habitats, valleys and watercourses,

ridges and escarpments, natural bedrock, topography, trees, rubble

walls and natural stone paving;

DEVELOPMENT NOTIFICATION

(c) waste collection, waste disposal facilities, and any necessary

mobile sanitary facilities, as required by law and which do not

involve any non-reversible interventions, are available on site

prior to the commencement of use;

Development under this Class shall be subject to the notification procedure

established in article 5(1) and (3). For development under paragraph (i), the first

notification shall be automatically renewed provided the site remains unchanged,

unless the Authority decides that the temporary use should cease prior to the expiry

period and notifies the applicant accordingly. The commencement date and the

expiry date shall be stated in the applicant’s request and the confirmation by the

Authority, and the limited time is not automatically renewed annually nor extended

in perpetuity.

Development under this Class shall also be subject to the prior clearance from the

Environment and Resources Authority in the case of areas declared as protected under

the Environment Protection Act

CLASS 11 - Development related to aviation

(i)

Changes to the use of buildings within the perimeter of an airport, for

purposes connected with air transport services or other flying activities

at that airport.

CLASS 12 - Lighting of buildings, structures and roads

(i)

the external lighting of buildings, structures and roads provided that the

development is not permitted where

(a) it is incompatible with the character of the location and/or create

unacceptable light pollution; or

(b) in the case of street lighting ODZ, involves lighting beyond the

street itself and/or cause unacceptable light pollution in an area

that should be kept free from artificial nocturnal lighting or

compromise the conservation of important flora, fauna or

ecosystems;

(c) it involves the illumination of any sign or advertisement, or such

illumination constitutes its primary purpose; or

(d) it involves an area larger than a building or structure;

(e) it involves a scheduled property.

For the purposes of this Class, temporary lighting of buildings and structures, for

festivities and similar events, shall not be deemed to constitute development.

Development under this Class, where the site or lighting equipment of buildings

and structures lies in a UCA or ODZ or in a designated area or in or within 30 metres

of a scheduled property, shall be subject to the notification procedure established in

article 5(1) and (3).

CLASS 13 - Mineral and geological exploration and surveying, and environmental

monitoring

(i)

Development on any land consisting of

(a) the drilling of boreholes other than for groundwater abstraction;

or

(b) the carrying out of seismic surveys;

(c) the carrying out of archaeological surveys under the supervision

of the Superintendent of Cultural Heritage

Provided that the land is immediately and completely restored to its

original state once the works have been completed.

(ii) The placing of equipment or temporary stations for environmental,

atmospheric or marine study and monitoring, even if in or within 30

metres of a scheduled property or in a designated area, for not more than

one calendar year, and on condition that

(a) no damage or other significant disturbance to the site or the

surrounding environment is entailed;

(b) no material is placed of on garigue or on exposed rockfaces in a

manner that could foreseeably result in damage to, or scarring of,

the land surface; and

(c) the equipment or station is completely removed and the land is

fully returned to its pristine condition once the station ceases to

operate.

Within Valletta, Floriana, Cottonera and areas scheduled for their archaeological

importance, excavation works shall be carried out under the supervision of an

archaeologist appointed by the Superintendent of Cultural Heritage.

CLASS 14 - Tented Structures and Awnings

(i)

the installation of an awning fixed on the exterior of a building, not

being a Scheduled Property, located within Town Centre, Local Centre,

Commercial Area, Entertainment Priority Area, or Tourism Zone as

indicated in the respective Local Plan or the Interim Retail Planning

Guidance (2004) but outside Mdina and Cittadella (Rabat, Gozo).

(ii) The placement of small tents, tarpaulins, or similar structures to provide

environmental control or privacy, not being a scheduled property

provided that such works are not visible from outside the building.

Development under paragraph (i) where the site lies within UCA, ODZ, or a

designated area, shall be subject to the notification procedure established in article

5(1) and (3).

CLASS 15 - Beach management facilities

(i)

The temporary use of land for the hiring of beach furniture provided

that

(a) the land to be occupied as the fixed point for hiring of beach

furniture shall not exceed an area of 9m 2 ;

(b) no structures, whether permanent or temporary, are to be placed or

erected on the site;

(c) the land shall be fully restored to its original state between sunset

and sunrise; and

(d) no land, on which the beach furniture is placed or erected, is

occupied, designated, or in any manner delineated for the

exclusive use of an operator

Provided that the development shall only be permitted if

(a) the site is located on a designated beach as determined by the

Malta Tourism Authority;

(b) specific authorisation by the Malta Tourism Authority is

submitted, by the applicant to the Authority, as part of the

notification procedure.

(ii) The temporary use of land for the erection, placing and installation of

structures required in relation to mobile sanitary facilities and life-

saving management practices on beaches, provided that the notification

is submitted by a Government entity, a Local Council, any other public

entity appointed thereby, or a registered institution whose expertise is in

civil protection subject to the prior clearance from the Environment and

Resources Authority in the case of areas declared as protected under the

Environment Protection Act and the site is not located on sand dunes.

Development under this Class shall be subject to the notification procedure

established in article 5(1) and (3).

CLASS 16 - Deleted by Legal Notice 85 of 2025.

CLASS 17 - Development by the Armed Forces of Malta

(i)

Development carried out by the Armed Forces of Malta on land under

the operational control of the same Armed Forces of Malta, provided

that

(a) when the development is located in designated areas or scheduled

property, it shall be subject to prior clearance by the

Superintendent of Cultural Heritage and by the competent

authority responsible for the protection of the natural

environment;

(b) the development is recommended by the Consultative Committee

on the Development by the Armed Forces of Malta set up by the

Minister to provide advice on the acceptability or otherwise of

development proposals by the Armed Forces of Malta. If, for any

reason, the Consultative Committee is not constituted, the

proposed development is recommended by the Minister

responsible for the Armed Forces of Malta.

Development under this Class shall be subject to the notification procedure set out

in article 5(1) and (3). However such notification procedure is not required where in

the opinion of the Minister responsible for the Armed Forces, the development is

urgently required for national security reasons and the Authority is informed

accordingly.

CLASS 18 - Development relating to Migration Matters

(i)

Development carried out by an entity responsible for the provision of

reception services including in particular for beneficiaries of

international protection and asylum seekers provided that if the

development is located in designated areas or scheduled property, it

shall be subject to prior clearance by the Superintendent of Cultural

Heritage and by the competent authority responsible for the protection

of the natural environment.

Development under this Class shall be subject to the notification procedure set out

in article 5(1) and (3). However such notification procedure is not required where in

the opinion of the Minister responsible for Immigration, the development is urgently

required for humanitarian, security or other relevant reasons and the Authority is

informed accordingly.

CLASS 19 - Filming and Activities

(i)

Filming operations including the construction or installation of any

ancillary, temporary structures and/or equipment on the site, provided

that all constructions and installations are completely removed from the

site, and the site is fully reinstated to its pristine condition, prior to the

expiry of the time period allowed for the operations.

(ii) Occasional activities, excluding scientific research and occasional

activities which are not considered as development in terms of the Act,

for not more than one calendar week by the same person, company or

organisation including the construction or installation of any ancillary

structures and/or equipment on the site provided that these are

completely removed from the site by the permitted time of cessation of

the activity.

(iii) Offroading events in a locality which is marked as an offroading site by

means of signs approved under the Traffic Signs and Carriageway

Markings Regulations

Provided that

(a) the Environment and Resources Authority shall be consulted by

the Authority upon receipt of the notification request and the

Environment and Resources Authority shall reply within the

period specified in the consultation notice which shall in no case

be less than 7 days and in case of no reply, the Environment and

Resources Authority shall be deemed as having no objection to

the proposal;

(b) when an authorisation or an appropriate assessment is required

under the Flora, Fauna and Natural Habitats Protection

Regulations (S.L. 549.44) the provisions of article 5(3) which

require the Authority to respond in writing to a notification within

thirty days from the validation of the notification shall not apply;

(c) the Authority may impose conditions, including Bank Guarantees

and Planning Contributions as set out in the Act, it deems

appropriate in its decision notice to safeguard any interest of

acknowledged importance.

Development under this Class shall be subject to the notification procedure

established in article 5(1) and (3).

Class 20 Development related to the Corradino Correctional Facility"

(a) Development carried out by the Director of the Corradino

Correctional Facility on land designated for the same Corradino

Correctional Facility in a subsidiary plan approved in terms of the

Act, provided that

(i) when the development is located on designated areas or

scheduled property, it shall be subject to prior clearance by the

Superintendent of Cultural Heritage and, by the Environment and

Resources Authority in the case of areas declared as protected

under the Environment Protection Act;

(ii) the proposed development is recommended by the Minister

responsible for the Prisons;

(b)

Development under this Class shall be subject to the notification

procedure set out in article 5(1) and (3). However such notification

procedure is not required where in the opinion of the Minister

responsible for Prisons, the development is required for national

security reasons and the Authority, the Superintendent of Cultural

Heritage and the Environment and Resources Authority are

informed accordingly.

Class 21 Development by the Malta Police Force

(a)

Development carried out by the Malta Police Force on land under

the operational control of the same Malta Police Force, provided

that

(i) when the development is located on designated areas or

scheduled property, it shall be subject to prior clearance by the

Superintendent of Cultural Heritage and by the Environment and

Resources Authority in the case of areas declared as protected

under the Environment Protection Act and in the case of areas

located Outside the Development Zone;

(ii) the proposed development is recommended by the Minister

responsible for the Malta Police Force;

(b)

Development under this Class shall be subject to the notification

procedure set out in article 5(1) and (3). However such notification

procedure is not required where in the opinion of the Minister

responsible for the Malta Police Force, the development is

urgently required for national security reasons and the Authority,

the Superintendent of Cultural Heritage and the Environment and

Resources Authority are informed accordingly.

Class 22 Existing Development Related to Malta’s Culture and Tradition

(i)

Existing fireworks factories, including their operations, provided

that the fireworks factories, including the footprint of their built

structures and their operations, have been in existence since, or

before, the year 1994 and the same fireworks factories, including

the footprint of their built structures and their operations, were

still in existence in 2016, as evident from the relative aerial

photography of the Authority and upon submission of proof of

actual use of the site as a fireworks factory in the aforementioned

years.

(ii)

Development under paragraph (i) shall be considered permitted

development

Provided that the provisions of article 3(5) of the principal order

shall not be applicable to such class

Provided further that the provisions of the Sanitary Regulations, the relevant

provisions of the Development Control Design Policy, Guidance and Standards, the

Rural Policy and Design Guidance and all other relevant approved plans and policies

under the Act, exceptions, conditions, restrictions, rules, limitations and exclusions

currently in force, shall not be applicable for this Class.

Class 23 Development by the Civil Protection Department

(a) Development carried out by the Civil Protection Department on land

under the operational control of the same Civil Protection Department,

provided that

(i)

when the development is located on, or contiguous to, designated

areas or scheduled property, it shall be subject to prior clearance

by the Superintendent of Cultural Heritage and by the

Environment and Resources Authority in the case of development

located on, or contiguous to, areas declared as protected under the

Environment Protection Act and in the case of development

located on, or contiguous to, areas Outside the Development

Zone;

(ii) the proposed development is recommended by the Minister

responsible for the Civil Protection Department;

(b) Development under this Class shall be subject to the notification

procedure set out in article 5(1) and (3). However such notification

procedure is not required where in the opinion of the Minister

responsible for the Civil Protection Department, the development is

urgently required for national security reasons and the Authority, the

Superintendent of Cultural Heritage and the Environment and Resources

Authority are informed accordingly.

Class 24 Class 24 Greening projects by Government agencies, Local Councils and

other entities appointed by them

(a) The formation of urban greening projects within the development zones

on land designated for public recreational use in the respective Local

Plans, including on schemed roads and public open spaces;

(b) The formation of urban greening projects within the development zone

on land designated for any other use in the respective Local Plans;

(c) The formation of greening projects located outside development zone

on land designated for public recreational use in the respective Local

Plans

Provided that the greening projects shall only include the following works

(i)

the installation of playground equipment, fitness, and sports

equipment, along with art installations;

(ii) demountable installations, which may include CCTV and lighting

equipment;

(iii) vertical structures and shading devices, which may be accessible;

(iv) excavation of underground reservoirs intended for the irrigation

of the proposed vegetation and other related uses to greening

projects;

(v) taking up of existing land surface and resurfacing with materials

such as permeable paving blocks;

(vi) installation of flooring systems and hard landscaping;

(vii) installation of vertical greening structures, including against

public buildings or government owned residential blocks, but

excluding buildings which are designated or located within

scheduled areas;

(viii) installation of features and structures for the purpose of the

greening project (seating areas, security and or control rooms,

sanitary facilities, etc.);

(ix) installation of demarcation walls and gates;

(x) interventions and planting of trees, including the related irrigation

systems;

(xi) removal of existing paved or hard-surface areas and, or existing

artificial structures, or their replacement with soil or soft

landscaping; and

(xii) removal of redundant infrastructure (including poles, brackets,

cables, pipework, etc.) and, or the replacement of such

infrastructure with facilities laid underground within the foot

print of existing streets or pavements

Provided further that

(a) prior approval shall be obtained from the Superintendent of Cultural

Heritage for sites within Urban Conservation Area, Scheduled sites and

sites within Scheduled Building Settings;

(b) prior approval shall be obtained from the Authority for Transport in

Malta for sites falling within the boundaries of schemed roads;

(c) prior approval shall be obtained by the Environment and Resources

Authority;

(d) for all cases, prior approval shall be obtained from Project Green

Provided further that for development under this Class, the relevant

provisions of the Rural Policy and Design Guidance and all other relevant approved

plans and policies under the Act, exceptions, conditions, restrictions, rules,

limitations and exclusions currently in force, shall not be applicable

Provided further that development under this class shall be subject to the

notification procedure established in sub-articles (1) and (3) of article 5, except for

where the greening project is by Project Green.

(1) In this Order, unless the context otherwise requires

"the Act" means the Development Planning Act;

"the Authority" means the Planning Board of the Planning

Authority;

"balconies improvement scheme" means a scheme with this

name, or any such scheme, for the financial support of the repair

and replacement of timber balconies in specific localities;

"calendar year" means a period of twelve months beginning with

the day on which the development or use or any intervention

connected therewith is first begun, according to whichever is the

earliest;

"designated areas" means sites and areas identified by the

Strategic Plan for the Environment and Development or Local Plan

policies, or other planning policies, for protection, conservation or

preservation, including areas of archaeological, ecological,

geological, geomorphological, hydrological, palaeontological,

architectural, historic, artistic, or antiquarian importance, or of

natural beauty, or scientific interest, together with any specific

areas designated under the Act. Urban Conservation Areas are

excluded from this definition, without prejudice to any designated

areas overlapping onto such Urban Conservation Areas;

"Development Control Design Policy, Guidance and Standards"

m e a n s D e v e l o p m e n t C o n t r o l D e s i g n P o l i c y, G u i d a n c e a n d

Standards 2015, without prejudice to any subsequent amendments

or revisions thereto as may be approved by the Authority;

"development plan" means and includes the Strategic Plan for

Environment and Development, subject plans, local plans, action

plans and development briefs;

"distribution system operator" shall have the same meaning

assigned to it in the Electricity Regulations;

"dwelling" means a single family dwelling unit including, but not

limited to, a terraced house, villa, bungalow, flat, a receded

dwelling, penthouse, maisonette or basement permitted to be used

for residential purposes in terms of currently approved

* but see Legal Notice 164 of 2016.

Development Control Design Policy, Guidance and Standards;

"environmental impact assessment" means an environmental

planning statement carried out in accordance with the Environment

Protection Act;

"environmental planning statement" means an environmental

planning statement carried out in accordance with the Environment

Protection Act;

"existing agricultural holding" means land currently and lawfully

used for cultivation at the time the reservoir or pump chamber is

constructed;

"footprint" means the space contained within the external walls

of a building at ground floor level, including internal yards, shafts,

terraces or courtyards totally enclosed or surrounded by the

building, but excluding terraces, backyards, yards and pool decks

not totally enclosed or surrounded by the building;

"grade separated junction" means a junction where two or more

roads cross over each other at more than one level;

"highway boundary" means land which consists of an existing

road, street, square, court, alley, lane, bridge or footway;

"listed building" means a building which is itself a designated

area;

"material" includes waste, refuse, rubble and any soil imported

onto, or deposited on, the land;

"offroading" means any type of driving, manoeuvring or parking

with a motor vehicle not on a road, except for the purpose of

agriculture, maintenance of services and, or public works, or of law

enforcement and the keeping of good order;

"offroading" event" means any kind of training, racing or

rallying of an "offroading" type by a motor vehicle which are

organized by any person, or by a society or body of persons;

"operational land" or "operational building" means land or a

building used or required in connection with the movement or

maintenance of aircraft, or with the embarking, disembarking,

loading, discharge or transport of passengers, goods or livestock at

an airport, and is land or a building owned by or under the control

of the relevant airport operator;

"Outside Development Zone", hereinafter referred to as ODZ,

means land outside the boundary for development as approved by

Parliament in 2006;

"planning scheme" means a planning scheme made and approved

in accordance with the Building Permits (Temporary Provisions)

Act, 1988;

"public utility services" means and includes works related to

water distribution, sewerage and storm water undertakings,

electricity and telecommunications undertakings and any other

undertakings and structures related to the electricity infrastructure;

"ridge" means the edge of a hill or plateau, where relatively flat

or gently sl oping land giv es way to a valley si de, hi llside,

escarpment, cliff or other comparably distinct slope;

"route bus" means a vehicle constructed principally for the

carriage of seated passengers and with areas for standing

passengers to allow frequent passenger movement, licensed to

carry passengers for hire or reward and which is registered to

perform scheduled trips with the Central Office for Scheduled Bus

Transport Services;

"same style, design, and materials" means the style and design,

and the type, form and colour of the materials, used in the works

which are to be replaced and "same style" or "different style" shall

be construed accordingly;

"scheduled property" means every area, building, structure,

remains, rock formation or other geological feature, excavation or

cavity, individual tree or group of trees or woodland scheduled in

terms of articles 57 and 58 of the Act. For the purposes of this

Order, any land designated or declared as a Special Area of

Con serva ti on o r o th erwi se dec lared as p ro te cte d un der th e

Environment Protection Act shall be treated in the same manner as

scheduled property;

"scheme for traffic management" means a scheme including any

works or operations for the purpose of controlling, affecting or

altering, the direction, rate of flow, and means of movement, of

vehicular and pedestrian traffic, and includes, but is not limited to,

the alteration of road junctions or kerblines, the parking of

vehicles, restrictions on parking, loading and unloading,

pe de s tr i a n is a t io n , a nd t h e in s t a l l a ti o n o f t r a ff ic l i gh t s a nd

pedestrian crossings and any other electronic traffic control

devices;

"temporary" means any non-permanent structure or use lasting

for a limited time not exceeding thirty days, unless otherwise stated

in this Order, and which does not involve any non-reversible

intervention;

"Urban Conservation Area", hereinafter referred to as UCA,

means a historic area (village core) as identified in a planning

scheme or local plan or other currently approved planning policies;

"Urban greening project" means a project which turns an urbanised

and, or spoilt ground to a landscaped area which is designed,

implemented, and maintained to create beneficial greening spaces

within the urban landscape. Urban greening shall form public

landscaped spaces with vegetated areas, which aim is to provide

managed green settings for leisure and recreation.

(2) In this Order, words and expressions that are not otherwise

defined in this Order and are defined in the Act shall have the same

meaning as they have in the Act.

(3)

(a) In this Order, wherever reference is made to a period of

thirty days, such period shall be deemed as excluding

the period of shutdown of the Planning Authority

offices.

DEVELOPMENT NOTIFICATION

(b) For the purposes of this Order, the period of shutdown

of the Authority offices shall be that period established

by Schedule 4 of the Development Planning

(Procedure for Applications and their Determination)

Regulations.

(4)

(a) With reference to any scheduled property that already

incorporates a protective buffer zone, and Areas of

High Landscape Value, any buffer distance of thirty

metres mentioned in the Schedules to this Order shall

not apply.

(b) In the case of an already existing building on property

that is not ODZ and that is scheduled or designated

solely on the basis of features located underground,

and if the new development is located entirely above

ground, the notification procedure established in

article 5(1) and (3) shall replace any restriction that

would otherwise be entailed by such scheduling or

designation, and the provisions of article 5(5) shall not

apply.

(c) In the case of property that is not ODZ and that is

scheduled or designated solely on the basis of

landscape value, any restriction on permitted

development that is entailed by such scheduling or

designation shall not apply in respect of -

(i)

trenching operations or other underground works

which do not permanently affect the land

surface, provided that the land is completely and

immediately returned to its original condition

once the works have been completed; and

(ii) internal alterations that do not affect the external

appearance of the building. The notification

procedure established in article 5(1) and (3)

shall apply, and the provisions of article 5(5)

shall not apply.

(d) Wherever there is a difference in opinion between the

Authority and any other party, or any need for

interpretation, as to whether a development -

(i)

is aesthetically or otherwise compatible with its

location; or

(ii) affects or alters materially the character and, or

Permitted development and, or the context of the

building or site and its surroundings; or

(iii) meets any requirement of this Order, whether

explicit or implied,

the opinion of the Authority shall prevail.

Substituted by

L.N. 4 of 2017.

Malta Airport Boundary

DEVELOPMENT NOTIFICATION

(1) Development permission is hereby granted for the

Classes of development described in Schedule I, subject to the

Sanitary Regulations, the relevant provisions of the Development

Control Design Policy, Guidance and Standards, the Rural Policy

and Design Guidance and all other relevant approved plans and

policies under the Act, exceptions, conditions, restrictions, rules,

limitations and exclusions. The notification procedure in article

5(1) and (3) shall be required for the Classes of development

described in Schedule I only where so provided in the same

Schedule I.

(2) The granting of such a permission shall not imply, whether

directly or indirectly, permission for any other development,

ancillary to or even indispensable or inevitable for the proper

execution of the permitted development, nor does such a

permission exempt from any other requirement according to law or

consent from third parties, nor exempt from liability or

responsibility any person contravening any provision of law,

whether applicable during the execution of the permission or

subsequent thereto or as consequential, involuntary damage caused.

(3) The permission under sub-article (1) shall not dispense

from the requirement of any other permission, licenses or consent

as required by law and is without prejudice to any conditions,

limitations and exclusions which may be imposed by the public

health authorities and other competent entities.

(4)

(a) Nothing in this Order shall permit development that is

contrary to, or would in any way prejudice -

(i)

any condition or limitation imposed by any

development permission granted on an

application made in accordance with Part VII of

the Act, unless such development is permitted

through a change in policy and does not

prejudice any site specific safeguard for which

such conditions or limitations were imposed; or

(ii) any condition or limitation imposed by a

clearance or license issued in accordance with

the Act; or

(iii) a decision taken on any application or request

for such permit, clearance or licence.

(b) Nothing in this Order shall permit development that -

(i)

is already proposed in an application made in

accordance with Part VII of the Act, which is

still being processed, amended, reconsidered or

appealed in accordance with the Act; or

(ii) would prejudice the merits of such processing,

reconsideration or appeal, or

(iii) would prejudice the merits of a request for any

clearance or license required by the Act, or

would prejudice the merits of an appeal from a

decision thereon.

(5) The permission granted by sub-regulation (1) shall not

authorize any development which -

(a) requires or involves the formation, laying out, material

widening, expansion, extension or re-engineering of a

means of access to an existing road. This exclusion

does not apply with regard to development permitted

by Class 3 of Schedule I; or

(b) creates an obstruction to the view of, or a distraction

to, persons using any road used by vehicular traffic, so

as to be likely to cause danger to such persons; or

(c) requires an environmental impact assessment, an

appropriate assessment, a traffic impact statement, or

any other assessment or report required by the Act or

any other legislation;

(d) in the case of any works connected with the

development, involve or entail the demolition of, or

could foreseeably cause direct or indirect damage to -

(i)

any wall constructed in random rubble (sejjiegħ)

or random uniform rubble (laqx); or

(ii) any dry-stone huts (giren and similar structures)

or any other structures protected under the Act;

or

(iii) underground infrastructure; or

(iv) caves; or

(v) fossiliferous or infilled fissures (dagħbien); or

(vi) archaeological features; or

(vii) existing historical buildings or monuments, or

archaeological features and natural stone paving;

or

(viii)

cisterns or water galleries;

(e) entails the destruction, uprooting or damage to

existing trees, unless such works have been approved

by the competent authorities;

(f)

involves the hacking, or drastic cleaning of stonework

by means of grit-blasting, high-pressure water jets,

compressed air, extensive sanding or abrasion, or other

similar interventions that would adversely affect any

building (or structure) of historic value or cultural

heritage value.

(6) Any works permitted by sub-article (1) on scheduled

buildings or buildings which the Authority deems to have

conservation value shall be carried out strictly in accordance with

conservation and restoration methodologies established by the

Authority in official guiding documents and under the supervision

of a restoration architect.

Added by

L.N. 281 of 2021.

INDIS Malta Zones

Amended by

L.N. 37 of 2023.

Deleted by Legal Notice 85 of 2025.

If the Authority is of the opinion that development

described in Schedule I should not be carried out unless permission

is granted for it on an application, the Authority may by notice in

the Gazette direct that the permission granted by article 3 shall

cease to apply to the development.

(1) Where provided in this Order, development shall be

notified to the Authority prior to the commencement of any work,

on the form provided by the Authority. The Authority may require

different forms for different classes of permitted development and

different forms may not require all the information listed under

paragraphs (a) to (h). This form shall be accompanied by: three

copies of all the necessary plans and elevations; two good-quality

colour photographs properly representative of the site; and other

relev ant docu mentation as provided in thi s Order or as the

Authority may deem necessary, so that the details submitted to the

Authority shall clearly and correctly identify

(a) the perit in charge;

(b) the applicant;

(c) the precise location and full extent of the applicant’s

property, and the applicant’s title over the property.

Where considered necessary by the Authority, these

shall be confirmed by a copy of the deed showing the

respective title;

(d) the full nature and full extent of the works;

(e) the Class of Schedule I permitting such development;

(f)

all previous permits, applications and notifications

affecting the applicant’s property;

(g) any required approval by other relevant public

authorities, as specified in this Order. This shall

include an authorisation by the competent authority,

accompanied by a clear site plan (and any other

relevant documents) also stamped and endorsed by the

competent authority and cross-referred to the

authorisation; and

(h) access to the site, indicated on a location map, if the

site does not abut on a public street.

(2) A notification may cover works which fall into more than

one Class or paragraph within a Class, where these are to be carried

out on the same site, except where otherwise provided in this Order.

(3) Where a notification is required under sub-article (1) and

without prejudice to any applicable provisions of this Order, the

applicant shall comply with the notification procedure established

in sub-article (1) and the Authority shall respond by an electronic

means of communication in writing to the notification within thirty

days from the validation of the notification.

(4) The Authority shall return one endorsed copy of all the

plans submitted, endorsed clearly indicating whether or not the

works are permitted. In the event of any discrepancy between any

approved drawings and the relevant provisions of this Order as

communicated in the Authority’s response, the latter shall prevail.

(5)

(a) If the works are permitted

(i)

for all classes of development described in

Schedule I other than Classes 5(ix)(a), 17, 21 and 23,

such confirmation by the Authority shall be valid for a

period of one (1) calendar year commencing on the date

on which the official notice by the Authority is issued or,

in the absence of the said notice, on the date of expiry of

the aforesaid thirty (30) days.

(ii)

for development described in Classes

5(ix)(a), 17, 21 and 23 of Schedule I, such confirmation

by the Authority shall be valid for a period of three (3)

calendar years commencing on the date on which the

official notice by the Authority is issued or, in the

absence of the said notice, on the date of expiry of the

aforesaid thirty (30) days.

(b) If the works are not permitted, the Authority shall give

detailed reasons for its decision..

(6) Where development has been carried out without the

notification required in accordance with sub-article (1), and that

development complies fully with the relevant exceptions,

limitations and conditions of this Order, the notification of that

development shall be treated as though it were a prior notification

in accordance with sub-article (1), except where otherwise

provided in this Order.

(7) Where development has been carried out without the

notification required in accordance with sub-article (1), or a

notification has been made and the Authority has not responded to

the notification within thirty days from the validation of the

notification, and that development -

(a) runs counter to policies or plans or legislation

approved according to the Act or the Environment

Protection Act: or

(b) is not correctly, completely

and

unequivocally

reflected in the notification,

the Authority shall still have the right to stop works and, or to take

enforcement or other action, in accordance with the Act.

(8) Where development is carried out after the permit validity

stipulated in this regulation has expired, or after the Development

Order under which it is permitted has been repealed, the Authority

shall still have the right to stop works and, or to take enforcement

or other action, in accordance with the Act.

(9) In the case of development that involves or entails

trenching operations, the applicant or his appointed contractor shall

apply for trenching permission as the Authority may from time to

time establish. This provision shall also cover interventions for the

provision, repair, replacement or maintenance of an individual

domestic or similar connection to existing public infrastructure

s e r v i c e s . A n a p pl i c a t i o n f o r t r e n c h i n g p e r m i s s i o n s h a l l be

considered as if it were a notification in accordance with sub-article

(1) if

(a) it is submitted to the Authority and satisfies the

conditions established in sub-article (1)(b), (d) and

(g); and

(b) the works are located altogether under a legally

existing road or legally existing pavement. The

Authority’s electronic reply to such application shall

be treated as a written reply to the notification

according to sub-article (3), and all the other

provisions of this regulation shall apply.