DIRECT DISPOSAL OF RESIDUAL SITES OF GOVERNMENT PROPERTY FORMING PART OF A LARGER DEVELOPMENT REGULATIONS

GOVERNMENT PROPERTY FORMING PART OF A

LARGER DEVELOPMENT

SUBSIDIARY LEGISLATION 573.14

DIRECT DISPOSAL OF RESIDUAL SITES OF

GOVERNMENT PROPERTY FORMING PART OF A

LARGER DEVELOPMENT REGULATIONS

16th September, 2022

LEGAL NOTICE 232 of 2022, as amended by Legal Notice 100 of 2026.

The title of these regulations is the Direct Disposal of

Residual Sites of Government Property forming part of a Larger

Development Regulations.

Area (m 2 )

1-50

51-100

101-150

(€)/m 2

(€)/m 2

(€)/m 2

Residential

(including

residential

garages/

parking spaces)

Commercial/Non-

Residential

Notes

Rates shall be charged in a sequential incremental scale. 

(i)

Example: a 65 sq.m. residential site shall be charged at €200/ m 2 for the

GOVERNMENT PROPERTY FORMING PART OF A

LARGER DEVELOPMENT

first 50 m 2 and €400/ m 2 for the remaining 15 m 2 .

The purpose of these regulations is to allow the Lands

Authority to transfer residual sites of Government property to owners

of a larger development of which the residual site already forms part,

or to owners of an adjacent site as defined in these regulations.

In these regulations, unless the context otherwise

requires

"Act" means the Government Lands Act;

"Authority" or "competent authority" means the Lands

Authority established in accordance with article 5 of the Lands

Authority Act;

"adjacent site" means any immovable property, owned by

the applicant, situated within the development zone as

determined by

(a)

the Planning Authority’s official alignment;

(b)

an approved development plan, or is deemed as a

legal development by the approval of a

development permission, whether it is already

developed or otherwise;

"residual site" means a site currently owned by the

Government, which in its entirety is not larger than fifty square

metres (50m 2 )

Provided that a residual site shall be a site which

(a)

is in contact with an adjacent site; or

(b)

forms part of a larger development; and

(c)

is situated in a development zone as determined

GOVERNMENT PROPERTY FORMING PART OF A

LARGER DEVELOPMENT

(i)

by the Planning

Authority’s

official

alignment;

(ii)

by an approved development plan, or is

deemed as a legal development by the

approval of a development permission,

whether it is already developed or not

Provided further that a residual site shall be considered as

such whether it is already developed or otherwise, irrespective of the

type and class of development use present on the site

Provided further that for the purposes of these regulations, a

site which is larger than fifty square meters (50m 2 ) up to a maximum

of one hundred and fifty square metres (150m 2 ) shall also be

considered as a residual site, provided that it satisfies all the criteria

established in this definition and it is not deemed to be developable

independently of the adjacent site, nor deemed to form part of an

adjacent site belonging to third parties or to the Government.

(1)

Any person may apply to the Authority to acquire

a residual site with a valid title

Provided that an application shall not be considered by

the Authority unless the applicant is the owner with a valid legal title

of the adjacent site, saving cases as explained in sub-regulations (4)

and (5), where the application may be submitted by one (1) person

with the consent of all the owners.

(2)

Where the applicant has a title of perpetual utile

dominium on the adjacent site, the Authority shall transfer the residual

site free and unencumbered.

(3)

Where the applicant has a title of temporary utile

dominium on the adjacent site, where the owner is the Government, the

Authority shall transfer the residual site by title of temporary

emphyteusis which expires on the same date as the temporary

emphyteusis of the adjacent site.

(4)

In cases where occupation of a residual site already

exists on multiple levels pro indiviso, the Authority shall transfer them

by separate titles, following an appropriate distribution exercise

according to the relative titles of ownership.

(5)

In the case of multiple occupations of a residual site pro

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

shall transfer the residual site pro indiviso, and the resulting costs shall

be apportioned among the eligible applicants, according to the

corresponding titles of ownership.

GOVERNMENT PROPERTY FORMING PART OF A

LARGER DEVELOPMENT

(6)

All applications shall be subject to an initial and non-

refundable submission fee of one thousand euro (€1,000). In the case

of multiple occupations as established in sub-regulations (4) and (5),

the right of submission shall be increased by five hundred euro (€500)

for each relative ownership fee.

(1)

The standard rates for the transfer of the residual

site shall be of two hundred euro (€200) per square metre based on the

plot size of the site in question for residential development, and four

hundred euro (€400) per square metre for each other class of use. In

cases including multiple tiers, the said rates shall be apportioned in

accordance with the number of tiers

Provided that the Minister in consultation with the

Authority may establish different rates for specific locations.

(2)

In cases where multiple levels include different use, rates

shall be applied and apportioned according to use.

(3)

For those cases where the Authority is transferring the

site above mentioned by title of temporary emphyteusis, the annual

rate of groundrent shall be equivalent to two per cent (2%) of the rates

indicated in sub-regulation (1)

Provided that in any case, the annual rate of ground rent

shall never be less than one euro (€1.00) per annum.

(4)

In the case of residual sites which are larger than fifty

square metres (50m 2 ), the applicable standard rates shall be as per the

Schedule.

(5)

No further charges shall be levied by the Authority for

the occupation of a residual site without a valid title.

Repealed by Legal Notice 100 of 2026.

Any transfer of a residual site by virtue of these

regulations shall be made by means of a public deed following the

payment of all expenses provided for in regulation 8.

The Authority shall ensure that all expenses incurred in

relation or incidental to an application, including but not limited to the

initial submission fee, are paid by the applicant. No transfer shall be

made before the Authority is satisfied that all expenses were collected

in their entirety.

(1)

The Authority shall have the absolute and sole

right to refuse any application made under these regulations. The

refusal shall be in writing and there shall be detailed reasons for its

GOVERNMENT PROPERTY FORMING PART OF A

LARGER DEVELOPMENT

decision.

(2)

The Authority reserves the right to refuse any application

in such case where the Authority deems it more advantageous to

transfer the site as requested on its own or as part of a larger site .

(3)

In the case of a residual site which can be considered as

such with more than one adjacent site, the Authority reserves the right

to dispose of the residual site in terms of article 31 of the Act.

(4)

The Authority reserves the right to terminate the

application process made in terms of these regulations at any stage

and, or to refuse to accept any application, if in its opinion, the

property is located in a place of national importance, including but not

limited, to properties scheduled in terms of the Cultural Heritage Act,

the Environment Protection Act and the Development Planning Act.

(5)

There shall be no right of action against the Authority for

any claim for damages and, or decision for compensation arising from

the exercise of its functions in accordance with this regulation

provided that the Authority has acted in good faith.

The Authority is empowered to institute proceedings

before the First Hall, Civil Court against any person where it deems

that there is a breach of any provision of these regulations, even after

the signing of the relative deed. The Authority shall request the court

to declare that the deed of transfer is null and void, even where the site

has been transferred to third parties

Provided that no action shall lie against the Authority for

any claim of damage and, or award for compensation for any

improvements which may have been carried out on the site or property

on which the residual site pertains to.