The Malta Independent 13 August 2026, Thursday
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Rebuilding after disaster: Have your say on new planning rules

Wednesday, 18 February 2026, 14:02 Last update: about 7 months ago

The Planning Authority said Wednesday it has launched a two-week public consultation on a proposed Legal Notice that amends the Development Notification Order (DNO) by introducing a new Class 25. The proposed amendment aims to create a clear planning framework for restoring and reconstructing buildings or structures damaged or destroyed by events like natural disasters or other external factors beyond the owner's control.

This reform addresses situations where legally established buildings experience sudden damage and need quick reinstatement, ensuring that no new development rights are created in the process. Under the proposed provisions, reconstruction would only be allowed if the building is restored exactly as it was before the incident.

It must maintain the same footprint, height, volume, and use, and would not permit extensions, additional floors, changes in use, or increased development. Strict safeguards will also be introduced. Applicants must provide professional certification, evidence of the legal pre-incident status, and official reports confirming the cause of the damage.

The Planning Authority will have the authority to request additional verification and reject notifications if there are uncertainties. The proposed Class will only apply to buildings that were legally established and not under enforcement action before the incident. This consultation is part of the Authority's ongoing effort to improve planning procedures by balancing efficiency with safeguards, ensuring that emergency reconstruction can take place without allowing misuse. The Planning Authority encourages all stakeholders and the public to take part in this consultation and provide feedback on the proposed class.

Interested parties can submit their comments on [email protected] by not later than Wednesday, 4th March 2026. The proposed amendment can be accessed on the Planning Authority's website at www.pa.org.mt/consultation.

The Planning Authority later issued a clarification, saying that the term "damaged structures" refers solely to legally established buildings that have suffered sudden and unintentional damage caused by events outside the owner's control. "These include natural disasters or other unforeseen incidents that result in partial or total destruction. Class 25 is intended to provide a clear and controlled process allowing such buildings to be reconstructed exactly as they were prior to the incident, meaning:  The same footprint; The same height; The same volume; The same use."

"This process does not create any new development rights. It does not allow extensions, additional floors, changes in use, or any form of expansion." It again stressed that its purpose is strictly to enable like‑for‑like reinstatement of buildings affected by sudden damage. "Additionally, this provision applies only to buildings that were legally established before the incident. Structures that were illegal, non‑compliant, or already subject to enforcement action prior to the event are not eligible under this class."


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