A court concluded that a development on the roof of a block of flats in Xemxija was breaching the rights of two couples who live in the same building even if it had a permit from then MEPA. Albert and Maria Dolores Attard, and Raymond and Adreana Zammit initiated a Civil Case against Sliema Chalet Company Limited and Ian Sultana.
The two couples, who own two apartments in the block previously owned by D.D.R. Company Limited, had signed a contract which included use of the roof. The block was eventually bought by the aforementioned Sliema Chalet Company with Mr Sultana applying for a permit to build two penthouses. His application was accepted by MEPA to the detriment of the two couples’ original contract’s conditions regarding use of the roof.
The plaintiffs argued that when they bought the block from the previous owners, they reserved the right to build penthouses on the roof. Another argument was that the residents would then be allowed to use the roofs of the penthouse.
Mr Justice Mark Chetcuti also considered a report by the architect Alan Saliba which said that if the penthouses were built, then the roof would no longer be available for its current uses and it would also be inaccessible by lift.
The court reminded the plaintiffs that, if they were to go ahead with the development, they would be doing so in direct defiance of the authority of the court.
Lawyer Dr Claudio Zammit represented the two couples while Dr Beppe Fenech Adami appeared for the developer and Sliema Chalet Company Limited.