REGULATIONS ON THE CORRECTION OF A DESCRIPTION OF IMMOVABLE PROPERTY TRANSFERRED TO THIRD PARTIES BY THE

PROPERTY TRANSFERRED TO THIRD PARTIES BY THE

GOVERNMENT, OR THE LANDS AUTHORITY OR AN

ECCLESIASTICAL ENTITY BY MEANS OF

PUBLIC CONTRACTS

SUBSIDIARY LEGISLATION 573.10

REGULATIONS ON THE CORRECTION OF A

DESCRIPTION OF IMMOVABLE PROPERTY

TRANSFERRED TO THIRD PARTIES BY THE

GOVERNMENT, OR THE LANDS AUTHORITY OR

AN ECCLESIASTICAL ENTITY BY MEANS OF

PUBLIC CONTRACTS

15th September, 2020

LEGAL NOTICE 372 of 2020.

The title of these regulations is the Regulations on the

Correction of a Description of Immovable Property transferred to third

parties by the Government, or the Lands Authority or an Ecclesiastical

Entity by means of Public Contracts.

In these regulations, unless the context otherwise

requires

"Act" means the Government Lands Act;

"Authority" means the Authority established under

article 5 of the Lands Authority Act or any other person or

entity who by law or contract is entrusted with the

administration of Government land;

"Board of Governors" means the Board of Governors of

the Lands Authority established by article 10 of the Lands

Authority Act;

"Garage" means a building wherein only a vehicle is

placed and does not include a building or garage used as a

warehouse or for any commercial purpose of any kind.

Any person who owns immovable property, transferred

to them by a public contract, which immovable property belonged to

the Government, or the Lands Authority, or an Ecclesiastical Entity,

only in the event that such an immovable property is the person’s

ordinary residence or otherwise a garage, and the description in that

public contract does not reflect their current situation, the said person

may, by virtue of these regulations, and within the limits of the same

regulations, apply to the Authority for the necessary changes to that

description.

These regulations shall only apply to

(i)

immovable property in front of or adjacent to

PROPERTY TRANSFERRED TO THIRD PARTIES BY THE

GOVERNMENT, OR THE LANDS AUTHORITY OR AN

ECCLESIASTICAL ENTITY BY MEANS OF

PUBLIC CONTRACTS

immovable property which qualifies as the applicant’s ordinary

residence or garage in which a vehicle is placed, and which has

been transferred or granted as emphyteusis and which serves as

a front or side or back garden and is not larger than fifty (50)

square metres in total;

(ii)

immovable property adjacent to the applicant’s

property and which, although not acquired by the applicant, is

located between the said property and the official road

alignment.

(1)

The applicant must

(a)

be a citizen of the European Union;

(b)

be recognized by the Authority as the person who

is in effective possession of the immovable property for which

he is requesting the correction of the description made in the

public contract.

(c)

prove that there are no arrears, on the property

applied for in accordance with these regulations, of any

payments due to the Authority.

(i)

Anyone who has acquired immovable property as

provided in regulations 3 and 4, and it transpires that the actual state of

that immovable property is not in accordance with the description

made in the original public contract, may apply to the Authority for the

correction of the description required. The Authority shall not make

any requested correction if it transpires that the applicant was not in

good faith when building or occupying such immovable property.

In order to establish ordinary residence, it shall be proved

to the satisfaction of the Board of Governors of the Authority that the

applicant meets the following requirements

(a)

holds an identity card registered on the said

building for a period of not less than three (3) years prior to the

application;

(b)

is a citizen of Malta or of the European Union;

(c)

that this building has been granted for the purpose

of residence in the original contract; and

(d)

indicate by means of an affidavit that the said

building served as his residence during the last three (3) years

prior to the application.

PROPERTY TRANSFERRED TO THIRD PARTIES BY THE

GOVERNMENT, OR THE LANDS AUTHORITY OR AN

ECCLESIASTICAL ENTITY BY MEANS OF

PUBLIC CONTRACTS

(1)

The value for the replacement or removal of a

condition in the original contract of sale or emphyteusis shall be

determined by an architect or architects appointed by the Authority,

which assessment shall be in accordance with article 79 of the Act.

(2)

In any case, the assessment made must reflect the

development potential that may occur, in accordance with the planning

laws in force at the date of the original acquisition.

Any correction in the original public contract as provided

for in these regulations, shall be made by means of a public contract.

There may be no change in the applicant, after an

application has been submitted in accordance with these regulations,

unless it results from a causa mortis declaration that the rights in the

property that is the subject of the application have been transferred to

the person demanding such a change.

The following documents shall be submitted with each

application submitted in accordance with these regulations

(a)

an authenticated copy of the original contract;

(b)

in the case of an emphyteutical contract, a copy of

the last receipt of payment of the ground rent;

(c)

in the case of an emphyteutical contract where the

applicant has not yet been recognized by the Authority as the

building or site emphyteuta, an authenticated copy of all

contracts entered into since the last emphyteuta was recognized

by the Authority;

(d)

a detailed plan on a scale of 1:100 made only

according to the template which is available from the Authority

and strictly following the guidelines for the use of this template.

This plan shall show the interior of the property at each level

and the distance from the corner of the nearest road. In addition,

a scanned plan, duly authenticated by an architect, shall be

submitted;

(e)

a property or site plan issued by the Lands

Registry, duly authenticated by an architect;

(f)

a copy of the identity card of the applicant;

(g)

photographs that shall indicate the date and time

and the current state of the building or site; and

PROPERTY TRANSFERRED TO THIRD PARTIES BY THE

GOVERNMENT, OR THE LANDS AUTHORITY OR AN

ECCLESIASTICAL ENTITY BY MEANS OF

PUBLIC CONTRACTS

(h)

a 1:100 scale survey showing the acquired

property outlined in red and the property being requested for

acquisition outlined in blue. This survey shall be accompanied

by official road alignments and front garden alignments.

Before any application may be processed in accordance

with these regulations, the applicant shall pay all arrears due in

accordance with paragraph (c) of regulation 5.

Every applicant submitting an application in accordance

with these regulations shall submit the requested information together

with his affidavit stating that the entire content of the application is

true and that he has not omitted any other relevant information or facts

which, had they been known to the Authority, would have led to the

refusal and rejection of the application. No applicant may justify such

an omission on the basis of the fact that the Authority was already

aware of this information or of these facts.

Any contract entered into by virtue of these regulations

shall be subject to the approval of the Board of Governors of the

Authority and shall be in accordance with such conditions as may be

imposed by the said Board. These conditions shall be published in the

said contract.

Every application made under these regulations shall

include a payment in the amount of five hundred euro (€500) or any

other sum which the Authority, by means of a notice published in the

Government Gazette no later than two (2) months before the

application is made in accordance with these regulations, may declare

are due to it by any applicant under these regulations.

The Authority shall ensure that all costs incidental to this

request are collected from the applicant and that before such costs are

collected in their entirety no contract in respect of which the

application has been made may be published.

(1)

The Authority reserves the right to refuse and

reject any application made pursuant to these regulations at its sole

absolute discretion. The said rejection or refusal shall be in writing and

the Authority shall include detailed reasons for its decision.

(2)

The Authority reserves the right to terminate the

application process made pursuant to these regulations at any stage or

to refuse to accept any such application, if in its opinion, such property

is situated in a place of national importance. In this case, the applicant

shall only be entitled to receive the costs he has paid to apply under

these regulations. The Authority shall be exempt from any damage or

claim for any kind of compensation that may be made to it by the

PROPERTY TRANSFERRED TO THIRD PARTIES BY THE

GOVERNMENT, OR THE LANDS AUTHORITY OR AN

ECCLESIASTICAL ENTITY BY MEANS OF

PUBLIC CONTRACTS

applicant in this regard.

(3)

The Authority shall have the right to bring an action

before the First Hall of the Civil Court in case it considers that there is

a breach of any provision of these regulations.

The Authority has the right to proceed with a case before

the First Hall of the Civil Court in case it considers that there is a

breach of any provision of these regulations, even after the relative

contract with the due correction has been signed, against any person

involved and request the said Court to declare that contract with the

correction null and void, even if the property has been transferred to

third parties. No person against whom the Authority proceeds shall

have the right to claim or be awarded any damages of any kind, or any

kind of compensation, for any improvements which he has carried out

or may have carried out in that building.

These regulations shall apply to those situations

described in regulation 4 and which already existed in 2012.

Any request for a correction in the description of

immovable property which was owned by the Government, or the

Lands Authority or an Ecclesiastical Entity before the entry into force

of these regulations shall be examined and decided in accordance with

these regulations.