The government's proposal to regularize illegal development sends the wrong message.

The government issued a number of legal notices tied to the planning sector for public consultation. Through them, the government is proposing that illegal developments, built prior to 1994 on land located Outside the Development Zone (ODZ), be eligible for regularisation, and that illegal developments built before 2016 within the development zone also be eligible for regularisation. It also proposes that illegal developments that took place up until 2024 be eligible for a concession. 

This will all be against payment. But the message by the government through this proposal is a dangerous one. It sends the message that the government is willing to forgive illegalities against a payment.

During an interview with The Malta Independent on Sunday, PL MP Carmelo Abela said that the move is "a clear admission" that the country "struggled" with enforcement, regardless of who was in government.

He is right. It is an admission that governments have struggled with enforcement. It shows that enforcement in this sector is so very weak, that they were not able to stop the illegalities taking place.

But this does not mean that regularisation is the way forward. Does the fact that the Planning Authority failed to take real action over the years and reverse the illegal developments now mean that those who chose not to follow the rules can keep what they built illegally against payment? That is what the government is effectively saying.

Then those who followed the rules will be asking why they followed them in the first place. It is unfair on those who did things by the book. It sends the message that the culture of impunity continues to reign. If the government is willing to do this now, then what is to stop a government from doing the same a few years down the line?

Examples have been given by the Prime Minister of, for instance, pensioners who have a room in a field which they use, but does that justify this move and the kind of message the government is sending? absolutely not. The amounts payable for regularisation, at least for those outside the development zone are high, but this all still sends the wrong message, and that green area will forever remain disturbed.

Laws and regulations are there to be followed. If they are not followed, then the authorities are meant to enforce those laws and regulations.

There already is a process where a person could apply for changes to original plans already in place, called sanctioning, which is enough. So if for instance for some reason or other a development had to change from the plans, perhaps because during construction something required a change for instance, or for some other issues, then one can apply for sanctioning.

But this latest move by the government raises far too many concerns. It allows practically anything built illegally to be regularised if they were built prior to certain dates, or be granted a concession. It is insulting to all those who followed regulations and runs counter to the rule of law. The government is, in doing this, helping law and regulation breakers. It is wrong.

This is why swift enforcement action is needed when illegal developments are found, to avoid ending up in a situation where an illegal development has been around for years and years.

The enforcement authorities in the planning sector have clearly failed in doing their jobs, either because of lack of resources, or because of lack of will to bolster their strength in tackling illegal developments. That is now clear for all to see. It also shows a lack of political will to ensure the demolition of illegal structures. 

If people do not see action being taken on illegal developments, but rather the opportunity being given to regularise them or be given a concession, then what exactly will the deterrent to illegal building be?