The Ombudsman has recommended that the capping of fines for irregular development be doubled to €100,000.

In a statement published on its website, the Ombudsman said that a complaint was received alleging the improper capping of the daily fine applied to a substantial irregular development. In response, the Commissioner for Environment and Planning launched an investigation into the adequacy of the existing regulations governing daily penalties and administrative fines. It did not specify what the offending development in the complaint was.

The investigation revealed that the current fines were established in 2012 and that the capped amount of €50,000 "neither reflects present-day realities nor serves as an effective deterrent against large-scale or persistent irregular developments," it said. Earlier this year, Planning Minister Clint Camilleri had revealed in Parliament that 162 sites had reached the €50,000 capping. He was responding to a Parliamentary Question filed by PN MP Stanley Zammit.

The Ombudsman also found that the regulations inadequately address mobile irregular structures -  such as kiosks, canopies, tables, and chairs  -  "since their mobile nature allows for easy removal and reinstatement, limiting enforcement to mere warnings with limited practical effect." Over the years there have been countless complaints regarding the placement of tables and chairs on pavements.

The Commissioner made two recommendations. The first, that the capped fine amount be increased from €50,000 to €100,000 to better reflect current conditions and strengthen deterrence. The second, that regulations be amended to allow for the confiscation of mobile irregular structures, aligning enforcement with existing provisions under the Traffic Regulation Ordinance concerning the removal of encumbering objects.

"The recommendations were not implemented. Consequently, the case was referred to the Prime Minister and the House of Representatives in accordance with the provisions of the Ombudsman Act."

In a statement, ADPD-The Green Party strongly criticised the government's continued inaction, accusing it of deliberately weakening enforcement mechanisms to protect individuals with political connections.

The party pointed out that the Ombudsman has long documented abuses in public spaces across Malta and Gozo-particularly in areas like Gżira and Marsaskala-where pavements and squares are routinely overtaken by tables, chairs, and kiosks.

ADPD noted that the government has also failed to address high-profile cases such as the Montekristo estate in Ħal Farruġ, despite repeated calls for intervention. The party said the Prime Minister and responsible ministers, including Clint Camilleri, are undermining the very institutions they claim to support by ignoring the Ombudsman's recommendations.

Describing the situation as one of growing impunity, ADPD said it reflects a broader pattern of favouritism and a refusal to act against those close to the Labour Party. The party labelled the current administration as a "Barons' Government," favouring private interests at the expense of public space, good governance, and the rule of law.