MODIFICATION TO, OR REMOVAL OF, A CONDITION OR CONDITIONS IMPOSED IN A CONTRACT OF A PROPERTY TRANSFERRED BY THE GOVERNMENT,

CONDITIONS IMPOSED IN A CONTRACT OF A

PROPERTY TRANSFERRED BY THE GOVERNMENT, THE

LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES

THROUGH A SALE OR EMPHYTEUSIS

SUBSIDIARY LEGISLATION 573.09

MODIFICATION TO, OR REMOVAL OF, A CONDITION

OR CONDITIONS IMPOSED IN A CONTRACT OF A

PROPERTY TRANSFERRED BY THE GOVERNMENT,

THE LANDS AUTHORITY OR ECCLESIASTICAL

ENTITIES THROUGH A SALE OR EMPHYTEUSIS

REGULATIONS *

15th September, 2020

LEGAL NOTICE 370 of 2020, as amended by Legal Notice 473 of 2020.

The title of these regulations is Modification to, or

Removal of, a Condition or Conditions imposed in a Contract of a

Property Transferred by the Government, the Lands Authority or

Ecclesiastical Entities through a Sale or Emphyteusis Regulations.

In these regulations, unless the context otherwise

requires

"Authority" means the 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;

"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 in which only a vehicle or

vehicles are placed. This definition does not include a building/

garage used as a warehouse or used for any commercial

purpose.

Any person who has a title of purchase by virtue of a

public deed, or emphyteusis on property that would have been passed

to the applicant by the Government or the Authority, or by an

Ecclesiastical Entity (that subsequently passed the title to the

Government) may, save as provided in the other provisions of these

regulations, ask the Authority to modify or remove a condition, or

conditions, imposed in the original contract

Provided that these regulations apply only in the case

where the condition imposed or conditions imposed in the original

contract limited the amount of residences and, or garages that could be

built

*These regulations have been repealed by Legal Notice 196 of 2024.

CONDITIONS IMPOSED IN A CONTRACT OF A

PROPERTY TRANSFERRED BY THE GOVERNMENT, THE

LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES

THROUGH A SALE OR EMPHYTEUSIS

Provided further that these regulations apply only in the

case where the applicant is requesting an increase in the amount of

residences and, or garages that could have been built under the original

contract.

The applicant shall

(a)

be a citizen of the European Union;

(b)

be recognised by the Authority as an owner or

emphyteuta of the land or building, as the case may be;

(c)

in the case of an emphyteusis, prove that there

were no arrears payments of ground rent due to the Authority

on the property in respect of which the application is being

submitted pursuant to these regulations.

(1)

The value for the modification to, or removal of, a

condition or conditions in the original contract of sale or emphyteusis

shall be established by a perit or periti appointed by the Authority,

which estimate shall be in adherence to the precepts of article 79 of the

Government Lands Act

Provided that, in any case, in order for the value of the

condition to be removed to be valued, the estimate made shall reflect

the difference in value of the land subject to condition imposed in the

original contract and the value of the land with all it’s development

potential according to the planning laws applicable on the date when

the estimate is made, as if no such condition exists.

(2)

The value that shall be paid by the purchaser according to

the estimate made by the perit of the Authority shall be

(a)

in the case the applicant has developed or wants to

develop an additional residence or residences to

serve as an ordinary residence, or were transferred

as ordinary residences, for his linear descendants or

ascendants, he shall pay the Lands Authority

twenty-five percent (25%) of the value indicated in

the estimate made by the periti appointed by the

same Authority

Provided that, in case the applicant shall transfer

this property to third parties, he shall pay the Lands Authority

the residual value as indicated in the original estimate made by

the periti appointed by the same Authority;

(b)

in any other case, not mentioned above, the

CONDITIONS IMPOSED IN A CONTRACT OF A

PROPERTY TRANSFERRED BY THE GOVERNMENT, THE

LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES

THROUGH A SALE OR EMPHYTEUSIS

applicant shall pay the Lands Authority the entire value

indicated in the estimate made by the periti appointed by the

same Authority.

Any modification to, or removal of, a condition or

conditions, in the original contract shall be made by public contract.

There may be no change in the applicant, after an

application has been submitted pursuant to these regulations, unless a

declaration causa mortis shows that the rights in that property, in

respect of which an application is made, have passed to the person

requesting such modification.

The following documents shall be submitted with each

application made pursuant to these regulations

(a)

a copy of the original contract;

(b)

in the case of a contract of emphyteusis, a copy of

the last receipt of payment of ground rent;

(c)

in the case of a contract of emphyteusis wherein

the applicant has not yet been recognised by the Authority as

the emphyteuta of the building or site, a copy of all the

contracts made since the last emphyteuta recognised by the

Authority;

(d)

a detailed plan on a scale of one is to one-hundred

(1:100), made only on the basis of the template provided by the

Authority and which shall strictly follow 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 nearest street

corner. In addition, a scanned plan, duly authenticated by a

perit, shall be submitted;

(e)

a copy of the property or site plan issued by the

Land Registry, duly authenticated by a perit;

(f)

a copy of the identity card of the applicant or

applicants; and

(g)

photographs that shall include the date and time,

showing the current state of the building or the site.

Before any application may start to be processed

pursuant to these regulations, the applicant shall pay all the arrears due

by him according to paragraph (c) of regulation 4.

CONDITIONS IMPOSED IN A CONTRACT OF A

PROPERTY TRANSFERRED BY THE GOVERNMENT, THE

LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES

THROUGH A SALE OR EMPHYTEUSIS

Any applicant who submits an application pursuant to

these regulations shall submit the information requested together with

his sworn statement declaring that the entire content of the application

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

facts whereby, if known to the Authority, the application would have

been refused and rejected. 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 made by virtue of these regulations shall be

subject to the approval of the Board of Governors of the Authority and

in accordance with such conditions imposed by the said Board. These

conditions shall be published in the said contract.

A payment of five hundred euro (€500), or of any other

sum the Authority, by notice published in the Gazette by not later than

two (2) months before the application is received pursuant to these

regulations, may declare is due to it by any applicant under these

regulations, shall be paid with every application made by virtue of

these regulations.

The Authority shall ensure that all expenses incidental to

this request are collected from the applicant and that no contract in

respect of which the application has been made may occur unless all

these expenses have been collected.

(1)

The Authority shall reserve the right to refuse and

reject any application made pursuant to these regulations in its

absolute sole discretion. That rejection or refusal shall be made in

writing and shall contain the detailed reasons for its decision.

(2)

The Authority shall reserve the right to terminate the

processing 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 property is located in a place of

national interest. In this case, the applicant shall only be entitled to

receive the expenses he would have paid to apply under these

regulations. The Authority is exempt from any damage or claim for

payment of any kind of compensation that the applicant may submit to

it in this regard.

(3)

These regulations shall not apply in case such property

has been transferred to the Housing Authority.

CONDITIONS IMPOSED IN A CONTRACT OF A

PROPERTY TRANSFERRED BY THE GOVERNMENT, THE

LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES

THROUGH A SALE OR EMPHYTEUSIS

The Authority shall have the right to bring an action

before the Honourable Civil Court, First Hall, if it considers that there

has been a breach of any provision of these regulations, even after the

relative contract has been signed, against any person involved and

request the court for the reinstatement of any modification to, or of any

removal of a condition, or conditions, imposed in the original

emphyteusis contract and which were removed or modified by virtue

of these regulations, even if the property has been transferred to a third

party. No person against whom the Authority brings an action may

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

or compensation of any kind, for all benefits they have obtained or

could have obtained in that building.

Any request for the modification to, or removal of, any

condition or conditions imposed on an original contract of a property

owned by the Government, the Authority or an Ecclesiastical Entity,

before the entry into force of these regulations, shall be examined and

decided according to these regulations.