REGULARISATION OF TITLES OF ORDINARY RESIDENCES BUILT ON GOVERNMENT LAND GRANTED BY AGRICULTURAL LEASES

RESIDENCES BUILT ON GOVERNMENT LAND

GRANTED BY AGRICULTURAL LEASES

SUBSIDIARY LEGISLATION 573.11

REGULARISATION OF TITLES OF ORDINARY

RESIDENCES BUILT ON GOVERNMENT LAND

GRANTED BY AGRICULTURAL LEASES

REGULATIONS

25th February, 2022

LEGAL NOTICE 94 of 2022, as amended by Legal Notice 160 of

2026.

The title of these regulations is the Regularisation of

Titles of Ordinary Residences Built on Government Land granted by

Agricultural Leases Regulations.

In these regulations, unless the context otherwise

requires

"agricultural land" means any Government land which is

principally leased for the cultivation of agricultural products, flowers,

fruit trees or vines and for agricultural purposes, including the

establishment of greenhouses, cloches, or cold frames, but does not

include land intended for grazing animals;

"applicant" means a person submitting a request in accordance

with these regulations to purchase his sole and ordinary residence or

acquire a title of perpetual emphyteusis over his sole and ordinary

residence which is built on Government agricultural land

Provided that the applicant shall be the person occupying

the premises and use it as a sole and ordinary residence;

"Authority" means the Lands Authority established in

accordance with article 5 of the Lands Authority Act or any person or

any other entity that has been entrusted by contract or by law to

administer Government land;

"commercial premises" shall have the same meaning as

assigned to it in the Civil Code;

"garage" means a premises used to house one or more vehicle

but does not include premises and, or garages used as a warehouse or

used for any commercial purpose;

"sole and ordinary residence" means a premises used by a

person as their sole and ordinary place of residence and also includes

garages or spaces adjacent to the property, provided that these adjacent

spaces are used as an extension of the property for the purposes of the

Development Planning (Health and Sanitary) Regulations or for

further spaces adjacent to the premises, as long as they form an

integral part of the same premises

RESIDENCES BUILT ON GOVERNMENT LAND

GRANTED BY AGRICULTURAL LEASES

Provided that guest houses or dormitories shall not be

considered as residences for the purpose of these regulations

Provided further that premises located in Malta which are

occupied by residents from Gozo and Comino due to employment or

education in Malta shall also be regulated by these regulations

Provided further that the same shall apply to residents

from Malta who occupy premises located in Gozo and Comino due

to employment or education in Gozo and Comino

Provided further that any premises or part of a premises

used as a residence shall be suitable for habitation;

"premises" means any building utilised as the sole and ordinary

residence of the applicant;

"temporary emphyteusis for agricultural purposes" means an

emphyteusis with an expiry date which in the original concession states

that the land is to be used for agricultural purposes.

(1)

Any person who is occupying a premises built on

Government land and which has been granted by agricultural lease and

which premises is being used as the sole and ordinary residence of the

occupant, saving other provisions in these regulations, may request the

Authority to purchase the part of the premises occupied by him, under

the conditions laid down in these regulations.

(2) The applicant shall provide all documentation requested

of him by the Authority in order to prove that

(a)

the premises occupied is currently utilised as the

sole and ordinary residence of the applicant;

(b)

the premises has all the necessary development

permits from the competent authorities

Provided that if the premises was built before

1968, the applicant must submit a declaration provided by the

Planning Authority stating that said premises appear on the 1968

survey sheets; and

(c)

the premises is shown as built premises in the 2018

aerial photos.

(1)

Any application submitted to the Authority in

accordance with these regulations shall be deemed valid after all the

necessary requirements listed in the application form have been met,

including the payment of five hundred euro (€500) on submission of

the said application.

RESIDENCES BUILT ON GOVERNMENT LAND

GRANTED BY AGRICULTURAL LEASES

(2)

The Authority shall have the right to request any other

information or documentation which it deems necessary to process the

application.

(3)

The Authority shall have the right to suspend and, where

it deems it necessary, refuse any such application where it results that

there is a legal challenge regarding the land to which the application

relates.

The transfer of title granted by the Authority in

accordance with these regulations may be effected as follows

(a)

by means of a contract of sale at the rates

established by the Authority on the date of

publication of the contract;

(b)

by means of a perpetual emphyteutical concession,

which ground rent shall be revisable every fifteen

(15) years, calculated from the date of publication

of the contract, at a rate of fifteen per cent (15%).

The emphyteuta shall have the option to redeem the

ground rent after fifteen (15) years from the date of

the emphyteutical grant, and thereafter only in the

year in which the ground rent is revised. Such

redemption shall be effected by payment of a lump

sum equal to the amount of the ground rent, as

revised, capitalised at a rate of five per cent (5%)

Provided that if the emphyteuta opts to redeem the

ground rent prior to the first revision, specifically

during the first fifteen (15) years from the date of

the emphyteutical grant, such redemption shall be

effected after the ground rent is revised in

accordance with the rates indicated in Schedule II,

and upon payment of a sum equivalent to the

amount of the ground rent, as revised, capitalised at

the rates indicated in the said Schedule.

(1)

The rates established by the Authority for every

square metre of land occupied in respect of requests for transfer of title

in accordance with paragraph (a) of regulation 5 shall be those

indicated in Schedule I

Provided that in case the request is in accordance with

paragraph (b) of regulation 5, the rates indicated in Schedule II shall

apply.

(2)

In cases where multi-level occupation already exists

which are held pro diviso, the Authority shall transfer each level by

means of a separate title, after determining the overall value of the

RESIDENCES BUILT ON GOVERNMENT LAND

GRANTED BY AGRICULTURAL LEASES

land occupied in accordance with Schedule I, and after carrying out an

appropriate and proportionate apportionment exercise of the value

according to the titles claimed for each respective level.

(3)

In cases where the occupation of the land is held pro

indiviso, such as the common parts of a condomium, the Authority

shall transfer the land pro indiviso, and the resulting costs shall be

apportioned among the respective levels according to the title requested

by the applicants for each level.

(1)

In addition to the application submitted to the

Authority in accordance with these regulations, the applicant shall

provide a declaration signed by him confirming that all the contents of

the application submitted are correct and that no other relevant facts,

information or documentation were omitted, which if known to the

Authority would have led to the refusal of the application.

(2)

No justification may be made by the applicant for his

failure to omit facts, information, or other documentation relevant to

the application on the basis of the fact that the Authority already had

knowledge of those facts, information or documentation.

(1)

Applications submitted in accordance with these

regulations shall be refused if the premises

(a)

does not have the necessary permits issued by the

Planning Authority or the declaration provided by

the Planning Authority that the said premises appear

on the 1968 survey sheet; or

(b)

has stop notices or enforcement notices or stop and

enforcement notices or warning notices issued by

the competent Authority

Provided that if it has these impediments, these shall

be remedied before the application can be processed

in accordance with these regulations.

(2)

The part of agricultural land which does not form part of

the sole and ordinary residence as defined in these regulations shall be

excluded from the transfer and shall retain the agricultural lease title.

(3)

Any commercial premises or any land used for

commercial or storage purposes, as well as any other land not forming

part of the sole and ordinary residence as defined in these regulations

shall be excluded from the transfer.

(4)

The application does not confer any rights or entitlements

in favour of the applicant or any other person and the Authority, in its

sole discretion, reserves the right to refuse any application submitted in

RESIDENCES BUILT ON GOVERNMENT LAND

GRANTED BY AGRICULTURAL LEASES

accordance with these regulations provided that such refusal shall be

in writing and shall include detailed reasons for its decision.

(5)

The Authority shall have the right to terminate the

process of an application made by virtue of these regulations at any

stage or to refuse to accept any application made by virtue of these

regulations if in its opinion such premises is located at a site of

national importance

Provided that in that case, the applicant shall only be

entitled to receive the costs he paid to apply in accordance with these

regulations. The Authority is exempt from any damages or any request

for the payment of any kind of compensation made by the applicant in

this regard.

Any transfer made by the Authority in terms of

regulation 5 shall be made by means of a public deed.

The Authority shall have the right to bring an action

before the Civil Court, First Hall if it is of the opinion that there has

been a breach of any of the provisions of these regulations, even after

the corresponding contract has been signed, against any person

involved and to ask the court to declare the redemption null and void

even if the property has been transferred to third parties

Provided that no person against whom the Authority

brings an action shall have the right to request or to receive any

damages of any kind or any sort of compensation for all the

improvements they have made or could have made to that building.

An applicant shall have a right of appeal from a decision

of the Authority taken in accordance with article 57 of the Lands

Authority Act.

Schedule I

(regulation 5(a))

Transfer of the title granted by the Authority by means of a contract of

sale

RESIDENCES BUILT ON GOVERNMENT LAND

GRANTED BY AGRICULTURAL LEASES

Type of land

Rate payable per square metre

of occupied land (€/m²)

All land occupied by a sole and

ordinary residence, except for

land occupied by detached or

semi-detached residences,

including farmhouses

All land occupied by detached

or semi-detached residences,

including farmhouses

Spaces adjacent to the premises

used as an extension of the

premises for the purposes of

sanitary laws

Any further spaces adjacent to

the premises, provided that they

form an integral part of the said

premises, as defined in these

regulations

Schedule II

(regulation 5(b))

Transfer of title granted by the Authority by means of a perpetual

emphyteutical concession revisable every fifteen (15) years

1. The amount due for the occupation of the land resulting

from the calculations in accordance with Schedule I shall be divided by

35, after taking into account the provisions of regulation 6, and the

resulting amount shall be the annual ground rent payable to the

Authority.

2. The emphyteutical concession shall commence to run

from the date on which the contract is signed and the ground rent due

shall be paid annually in advance.

3. The redemption of the ground rent and the purchase of the

direct dominium shall be carried out in accordance with the rates

RESIDENCES BUILT ON GOVERNMENT LAND

GRANTED BY AGRICULTURAL LEASES

established below

Amount of years of

Revision

Percentage rate (%)

ground rent paid

Percentage Rate

capitalisation for redemption

of ground rent

0 (immediate redemption)

0%

2.857 (multiplied by 35)

1%

2.941 (multiplied by 34)

2%

3.030 (multiplied by 33)

3%

3.125 (multiplied by 32)

4%

3.226 (multiplied by 31)

5%

3.333 (multiplied by 30)

6%

3.448 (multiplied by 29)

7%

3.571 (multiplied by 28)

8%

3.704 (multiplied by 27)

9%

3.846 (multiplied by 26)

10%

4.000 (multiplied by 25)

11%

4.167 (multiplied by 24)

12%

4.348 (multiplied by 23)

13%

4.545 (multiplied by 22)

14%

4.762 (multiplied by 21)

15%

5.000 (multiplied by 20)