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REGULARISE YOUR PROPERTY
Be in a better position to sell or acquire a bank loan for your property
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WHAT IS THE PROBLEM WITH CERTAIN PROPERTIES TODAY ?
Certain property owners are not in a position to place on the market or acquire a bank loan for their property due to an illegality which is non sanctionable and may have taken place years back .
CAN ALL EXISTING DEVELOPMENT BE REGULARISED ?
Applications will only be accepted for irregular buildings and structures within the development boundaries or which in past years benefitted from a Category B concession ( within the development boundaries ).* The irregular development must not constitute an injury to amenity .**
The irregularity must appear in the 2016 aerial photographs taken by the Authority .
* WHAT IS A CATEGORY B CONCESSION ?
In 2012 , owners of illegal buildings were then able to lodge a ‘ concession ’ application ( known as a ‘ CTB application ’) to be able to obtain water and electricity services or to transfer property . Concessions were limited to specific categories of illegalities prescribed by law . Nevertheless , a concession was not tantamount to a planning permission .
** WHAT IS AN INJURY TO AMENITY ?
An irregular development cannot jeopardise the ‘ comfort , convenience , safety , security and utility that may be enjoyed within and around a property or neighbourhood ’. When considering an application , decision-makers are therefore required to have regard to privacy distances , safety issues and outlook levels .
22 years
HOW LONG IS THE SCHEME OPEN FOR ?
This one time opportunity is open for a 2 years period , extendable for 1 year .
WHAT IS THE PROCESS TO REGULARISE AN ILLEGAL STRUCTURE ?
STEP 1 : An applicant needs to appoint an architect to submit an online application . The application will require the architect to submit certain documentation ( site plan , drawings of elevations and sections , photographs and more ).
STEP 2 : The application is published in the Government Gazette and on the website of the Department of Information . The public is given a 30 day period to submit any statement of opinion related to the application .
STEP 3 : A report will be drawn up by a case officer with a recommendation .
STEP 4 : A Planning Commission comprising of 3 members will decide each application . All decisions are taken in public .
STEP 5 : The Planning Commission decision is published in the Government Gazette and on the website of the Department of Information .
STEP 6 : The applicant or registered objectors may appeal if they are aggrieved by the decision .
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WHAT FEES ARE DUE ?
An applicant is obliged to pay a minimum administrative fee of € 50 for every application . Additionally every application will be subject to a fee , calculated on the total and combined roofed over area of each floor of the property being regularised .
A 25 % surcharge on the fee shall be applied should the scheme be extended for a third year .
Applications which are related to cases already covered by a Category B concession will automatically have deducted the fee they had paid the Authority when they applied for the concession in previous years .
An application refused by the Authority , will be refunded 90 % of the fee .
CAN A PROPOSED DEVELOPMENT GET INCLUDED IN AN APPLICATION ?
No . Any proposed development has to be applied for either through the Development Notification Order , the Summary Procedure or the Full Development Process application . This depends on the nature of the proposed development .
WILL REGISTERED INTERESTED PARTIES STILL RETAIN RIGHTS ?
When the Planning Authority receives an application for a site on which there is an enforcement notice still in force , the Authority will safeguard the interests of all third parties who had submitted a formal complaint for which a notice had been issued .
In these cases , the Authority will inform these same third parties of the submitted regularisation application and offer them the option that within a 15 day period , they are to notify the Authority whether to be considered as registered interested parties .
Registered interested parties automatically hold the right to appeal the Planning Commission ’ s decision before the Tribunal .
CAN THE AUTHORITY IMPOSE CONDITIONS ?
The Authority on issuing a permission will still retain the right to impose any conditions which it may deem necessary , including , the execution of specific works within a specified time-frame . Failing to abide by these conditions will result in the application being dismissed .
The Authority also reserves the right to take enforcement action if an application gets refused .
The legal notice together with the schedule of fees may be downloaded from the Authority ’ s website www . pa . org . mt .
The legal notice together with the schedule of fees may be downloaded from the Authority ’ s website www . pa . org . mt .