Government today issued a Legal Notice that would allow citizens with properties containing irregularities within the development zone to regularise their position.

The regulations apply to irregular development within the development zone, but do not apply to ODZ areas. “So if one has a building in the countryside, it would not be eligible. The footprint of such properties must appear in the Authority’s 2016 aerial photographs. Also, those already covered by a Category B concession can apply,” Planning Authority Executive Council Chairperson Johann Buttigieg said during a press conference.

“Applications will be filed electronically by the applicant’s architect. The application must be accompanied by a declaration certifying the applicant’s ownership. Where the applicant is not the owner, he must show consent of the owner”. These new regulations will apply for two years, with the possibility of extending by a third.

Any application will be invalid if submission requirements are not complied with.

The criteria for decision-making include that any regularisation does not constitute an injury to amenity and that the use of the development is in conformity with current planning policies and regulations.

If there was a third party who had reported the irregularity in the past, or had officially complained, then they will be notified if an application to regularise on that property is made, and would be able to object.

Dr Deborah Schembri explained that a new Commission will be set up to handle these applications, in order not to interfere with the work of the other Boards. Meetings, she said, will be public.  Martin Camilleri will be the Chairperson, and the members will be Architect Anton Camilleri and Architect Aaron abela. 

Dr Schembri said that this regularisation is the implementation of another government promise. “This is part of the MEPA reform”, she said. “This is a unique opportunity for those to regularise their position and will help many people. If one had to enforce all illegalities in the country, I think we would need to demolish three quarters of buildings in the country”.

“The people voted for this as it was an electoral promise. Many people who cannot sell their property will be affected. We passed through many years, where enforcement of regulations were lax, and people would end up buying these properties, but today where things are stricter we ended up with people who bought property unable to resell as they wouldn’t be regularised”.

“There are many who are in separation proceedings but are unable to sell the property. There are those who need to pay for illnesses and cannot sell their homes to pay for operations, chemotherapy etc. there are others in precarious situations because we were not as strict on things in the past, but today are moving according to the regulations”.

“There will not be another regularisation process," she said, while indicating that enforcement would be more frequent following this. 

The applicant’s architect shall also be required to submit the following when filing an application: a site plan indicating the exact location of the existing development; detailed plans of the existing development which must also indicate the type of use of the relative development; external elevations of the existing development which must clearly indicate the type of materials used in the same development; sections of the existing development; three photographs relative to each external elevation of the existing building taken from different angles. Additionally, where the existing development is located in an Urban Conservation Area, an internal photographic survey of all the rooms and any other internal structure of the existing development cross referenced to an existing plan must be submitted; the payment of a minimum administrative fee of €50.

Developments already covered by a Category B concession issued in terms of the Environment and Development Planning Act prior to the coming into force of these regulations and located in a Development Zone may be regularised by means of the following procedure: an electronic application is to be submitted to the Authority requesting the regularisation of the Category B concession by a permission; the application shall be submitted by the applicant's architect and shall be accompanied by the applicant's declaration certifying the applicant's ownership of the existing development.

Provided that where the applicant is not the owner of the existing development, he has notified the owner of his intention to apply by registered letter of which a copy has been received by the Authority and that the owner has granted his consent to such a proposal. The applicant’s architect shall also be required to submit a clean copy of drawings showing the building as constructed and the payment of a minimum administrative fee of €50.

In addition to the administrative fee, the applicant shall be informed of the fees to be charged by the Authority for applications submitted in terms of the regulations, which fees shall be charged at the rates set out in the Legal Notice. When an application has been refused by the Authority, 90% of the fees paid shall be refunded to the applicant.

The Commission might impose conditions on applications for regularisation, and if they are not adhered to, then the application would not be approved.