The Planning Authority Publishes new regulations to regularise minor issues of existing property

  • 02.September 2016
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Another mile stone has been reached by the authorities in terms of improving the local Real Estate Market. This time the effort has been focused on regularising minor issues of existng property whereby owners can freely step forward to conform with property law.

The Planning Authority published new regulations that provide a ‘unique opportunity’ for property owners to regularise unsanctionable and non-conformant developments that are at the outskirts of the existing development.

With the introduction of this new temporary process of regularisation, home owners among others, whose property has an illegal development, that in some cases dates back many years, will be in a better position to sell or get a bank loan for their property.

The new regulations, that expire after 2 years, will legalise any type of irregular development, within the confines of the development, that in past years had benefitted from a Category B concession.

The Planning Authority will only consider regularisation of existing illegal developments if the building or structure is not detrimental to the surrounding environment and if the use of the development is in conformity with the current planning policies and regulations. These regulations will only be eligible for irregular developments that appear in the aerial photos taken by the Authority in 2016.

Therefore, any extension or addition that goes beyond these photos cannot be regularised.

Every application will be subject to a fee, calculated on the total amount of space that has a ceiling on every floor of the property that will be regularised.

Parliamentary Secretary Deborah Schembri said that this is a turning point, not only in the legislation, but is a clear signal that the enforcement will be imposed with more clarity. “Laws are there to be obeyed,” said the Parliamentary Secretary, while saying that this opportunity not only offers a concession, but the permit given will be a valid one.

This will help a substantial amount of people that at the moment are finding it hard to sell their property.

The RE/MAX Team has conducted extenisve research on the matter which we would like to share with you. The following are links to all the existing public opinions to date regarding this matter:

1)Times of Malta article published on 22 August

http://www.timesofmalta.com/articles/view/20160822/local/want-to-regularise-your-building-irregularities-just-pay.622773

2) Article on ‘Illum’ published on 22 August
http://www.illum.com.mt/ahbarijiet/politika/46584/amnestija_ta_sentejn_fuq_illegalitajiet_minuri_flippjanar

3) TVM’s report published on 22 August

http://www.tvm.com.mt/mt/news/cans-ta-darba-biex-tirregolarizza-xi-haga-irregolari-fid-dar/

4) Article on Planning Authority’s website published on 22 August

http://www.pa.org.mt/news-details?id=1134

5) MaltaToday article published on 22 August by Tim Diacono

http://www.maltatoday.com.mt/news/national/68785/watch_twoyear_amnesty_for_minor_planning_illegalities_launched

6) Article on netnews.com.mt published on 22 August

http://netnews.com.mt/news/jithabbru-regolamenti-biex-ikunu-sanzjonati-zviluppi-illegali/

7) Article on government website published on 22 August https://gov.mt/en/Government/Press%20Releases/Pages/2016/August/22/pr161801.aspx

8) Article on netnews.com.mt published on 22 August

http://netnews.com.mt/news/jithabbru-regolamenti-biex-ikunu-sanzjonati-zviluppi-illegali/

9) TVM website in an English article published on 24 August

http://www.tvm.com.mt/en/news/deborah-schembri-replies-to-issues-raised-by-architects/

10) MaltaToday article published on 24 August by Matthew Vella

http://www.maltatoday.com.mt/lifestyle/environment/68894/labour_rewarding_illegality_with_planning_amnesty_faa_charges

11) MaltaToday article on printed newspaper on 24 August by James Debono

http://maltatoday.uberflip.com/i/718140-mw-24-august-2016/510

12) Article from one.com.mt about the Malta Developers’ Association reaction to the announcement published on 26 August

http://www.one.com.mt/news/l-mda-taqbel-mal-opportunita-ta-regolarizazzjoni/

13) Article published on Sunday 28 August by Carmel Cacopardo on The Malta Independent

http://www.independent.com.mt/articles/2016-08-28/blogs-opinions/In-Malta-it-pays-to-ignore-planning-law-and-policy-6736162970

14) One of many of Deborah Schembri’s tweets about the subject. Here’s a link to her twitter page

https://twitter.com/deborahschembri

15) One news actual TV feature

https://www.youtube.com/watch?v=iilsc3B2Ahk

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Kevin Buttigieg
Post by Kevin Buttigieg

Kevin Buttigieg is the CEO of RE/MAX Malta, whilst also acting as Vice President of the Federation of Estate Agents (FEA). His 20 years of real estate experience have been an asset to both RE/MAX and the FEA, and he is easily recognised as a pioneer in bringing international real estate training programmes to Malta. He takes pride in seeing the Maltese real estate grow year after year, and strives to see his team succeed in their professional careers.

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