1) The regulations lay out procedures for regularizing existing irregular developments located entirely in development zones or already covered by a Category B concession.
2) An application must be submitted including plans, photos and documents about the development. If complete, the development can be regularized if it does not harm amenities and complies with policies or involves allowed uses or subdivisions.
3) Developments not shown completely or involving uses already under enforcement cannot be regularized. The regulations allow regularization of certain existing developments through an application process.
1) The regulations lay out procedures for regularizing existing irregular developments located entirely in development zones or already covered by a Category B concession.
2) An application must be submitted including plans, photos and documents about the development. If complete, the development can be regularized if it does not harm amenities and complies with policies or involves allowed uses or subdivisions.
3) Developments not shown completely or involving uses already under enforcement cannot be regularized. The regulations allow regularization of certain existing developments through an application process.
1) The regulations lay out procedures for regularizing existing irregular developments located entirely in development zones or already covered by a Category B concession.
2) An application must be submitted including plans, photos and documents about the development. If complete, the development can be regularized if it does not harm amenities and complies with policies or involves allowed uses or subdivisions.
3) Developments not shown completely or involving uses already under enforcement cannot be regularized. The regulations allow regularization of certain existing developments through an application process.
1) The regulations lay out procedures for regularizing existing irregular developments located entirely in development zones or already covered by a Category B concession.
2) An application must be submitted including plans, photos and documents about the development. If complete, the development can be regularized if it does not harm amenities and complies with policies or involves allowed uses or subdivisions.
3) Developments not shown completely or involving uses already under enforcement cannot be regularized. The regulations allow regularization of certain existing developments through an application process.
Regularisation of Existing Development Regulations, 2016
IN EXERCISE of the powers conferred by articles 85 and 101
of the Development Planning Act, the Parliamentary Secretary for Planning and the Simplification of Administrative Processes, in consultation with the Planning Authority, has made the following regulations:- 1. The title of these regulations is the Regularisation of Citation. Existing Development Regulations, 2016. 2. (1) In these regulations, unless the context otherwise Interpretation. requires: "the Act" means the Development Planning Act; Cap. 552.
"amenity" has the same meaning assigned to it by the
Development Control Design Policy, Guidance and Standards 2015;
"the Authority" means the Planning Board as defined in the Act;
"Development Zone" means land within the boundary for
development in a planning scheme or local plan; "injury to amenity" means any development which causes harm to an amenity. For the purpose of these regulations, uses falling within any of the uses defined in classes 1, 4A or 4B of the Development Planning (Use Classes) Order are not deemed to S.L. 552.15 constitute an injury to an amenity; "the Tribunal" means the Environment and Planning Review Tribunal as defined in the Environment and Planning Review Cap. 551. Tribunal Act;
"Urban Conservation Area" means an area of land designated as
such in a planning scheme or local plan or other currently approved planning policies.
(2) In these regulations, words and expressions defined in the
Act shall have the same meaning as they have in the Act. 3. The scope of these regulations is to lay down procedures Scope. VERŻJONI ELETTRONIKA
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by which any person may request the regularisation of an existing
irregular development. These regulations shall apply only to:
(a) that irregular development located entirely in a
Development Zone; or (b) that irregular development already covered by a Cap. 504. 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. Regularisation 4. (1) An existing development requiring regularisation of development. which is located in a Development Zone and which was in existence prior to the coming into force of these regulations, may be regularised by means of the following procedure, unless a permit is otherwise lawfully obtained:
(a) an electronic application is to be submitted to the
Authority requesting the regularisation of the relative development;
(b) the application shall be submitted by the
applicant’s perit 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;
(c) the applicant’s perit shall also be required to
submit the following:
(i) a site plan indicating the exact location of the
existing development;
(ii) detailed plans of the existing development
which must also indicate the type of use of the relative development;
(iii) external elevations of the existing
development which must clearly indicate the type of materials used in the same development;
(iv) sections of the existing development;
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(v) 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;
(vi) documentary proof confirming that the
specific use is in line with the provisions of sub-regulation (5)(c) and (d);
(vii) the payment of a minimum administrative
fee of fifty euro (€50). (2) Developments already covered by a Category B concession issued in terms of the Environment and Development Cap. 504. 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:
(a) an electronic application is to be submitted to the
Authority requesting the regularisation of the Category B concession by a permission;
(b) the application shall be submitted by the applicant's
perit 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;
(c) the applicant’s perit shall also be required to
submit:
(i) a clean copy of drawings showing the
building as constructed;
(ii) the payment of a minimum administrative
fee of fifty euro (€50).
(3) Any application shall be deemed to be ab initio invalid if
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any one or more of the submission requirements specified in sub-
regulations (1) or (2), as the case may be, have not been complied with. Applications which are ab initio invalid shall be automatically rejected by the Authority without any further consideration. Fees submitted with invalid applications shall be refundable, however the Authority shall retain the minimum administrative fee of fifty euro (€50).
(4) Any part of the existing development which is not shown
on the relative drawings submitted together with the application shall not be considered as a regularised development, if the relative application is approved.
(5) The development specified in these regulations can be
regularised if:
(a) in the opinion of the Authority, the development
does not constitute an injury to amenity; and
(b) the use of the development is in conformity with
current planning policies and regulations; or (c) the relative use falls within any of the uses defined S.L. 552.15 in classes 1, 4A or 4B of the Development Planning (Use Classes) Order provided that documentary proof is submitted showing that the uses defined in Classes 4A or 4B have subsisted continuously for three consecutive years immediately prior to the coming into force of these regulations; or
(d) the development involves the subdivision of
dwellings provided that documentary proof in the form of a deed of transfer showing that the subdivision occurred prior to the entry into force of these regulations is submitted:
Provided that paragraphs (a), (b), (c) and (d) shall not apply to an application submitted in terms of sub-regulation (2) for the regularisation of a Category B concession by a permission: Provided further that any irregular use, except for a use S.L. 552.15 falling under Class 1 of the Development Planning (Use Classes) Order, cannot be regularised if an enforcement notice relative to such use has been issued by the Authority prior to the coming into force of these regulations and the same notice is still in force.
(6) The existing development which may be regularised in
terms of sub-regulation (1) shall be the footprint which appears in the Authority’s aerial photographs of the year 2016. Any extension or addition in the footprint of the relative development beyond that VERŻJONI ELETTRONIKA
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which appears in the Authority’s aerial photographs of the year 2016
cannot be regularised in terms of these regulations. 5. (1) When an application is submitted on a site affected Determination of applications. by an enforcement notice which is still in force, and the notice was issued following the submission of a formal complaint by third parties, the Executive Chairperson shall inform the same third parties of the submission of the application and request them to indicate, within fifteen days from notification, whether they should be considered as registered interested parties in terms of article 71(6) of the Act. Upon confirmation from the third parties that they should be considered as registered interested parties, the provisions of the Act with regards to registered interested third parties shall apply mutatis mutandis.
(2) The Authority shall, following the recommendation of the
Executive Chairperson, decide upon any application which has been validly submitted in accordance to the provisions of regulation 4. In deciding upon any such application, the Authority shall apply the provisions of these regulations. Furthermore, when the Authority does not follow the recommendation of the Executive Chairperson, it shall provide the specific planning reasons adduced by it justifying the overturning of such recommendation.
(3) Where the Authority decides to approve an application
submitted in terms of regulation 4, it shall have the power to impose any condition which it may deem necessary, including, but not limited to, the execution of specific works within a specified time-frame of two years failing which the application shall be dismissed.
(4) Any full development permission granted by the Authority
in terms of these regulations shall be issued saving third party civil rights and shall not be deemed to confer any proprietary rights or any title whatsoever over the existing development to which the same permission relates. This permission does not exonerate the applicant from obtaining any other necessary permission, license, clearance or approval required from any Government department, local council, agency or authority as required by any law or regulation. (5) The applicant shall have a right to appeal the Authority’s decision before the Tribunal in terms of the Environment and Review Cap. 551. Tribunal Act.
(6) The Authority may, at any time, revoke or modify any
permission issued in terms of these regulations in accordance with article 80 of the Act. 6. (1) The Executive Chairperson shall inform the Fees. VERŻJONI ELETTRONIKA
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applicant and the perit of the fees to be charged by the Authority for applications submitted in terms of these regulations which fees shall be charged at the rates set out in the Schedule. The total aggregate roofed over area of each floor of the property being regularised under one application shall be taken into account when determining the fees to be charged.
(2) The fees shall be paid prior to the formulation of the
recommendation by the Executive Chairperson. (3) The fees paid to the Authority for a Category B concession Cap. 504. issued in terms of the Environment and Development Planning Act shall be deducted from the fees to be charged for applications submitted on the same site of the concession in terms of these regulations.
(4) When an application has been refused by the Authority,
90% of the fees paid shall be refunded to the applicant. Period for the 7. Any application in terms of these regulations must be submission of any application submitted to the Authority within two years from the date of coming in terms of these regulations. into force of these regulations. The Authority shall impose a surcharge of 25% on the fees set out in the Schedule for those applications submitted after two years but prior to three years from the coming into force of these regulations.
Schedule - Fees to be charged by the Authority
(Regulation 6) VERŻJONI ELETTRONIKA
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_________________________________________________________________________________________________________________________ Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta Mitbugħ fl-Istamperija tal-Gvern fuq karta riċiklata — Printed at the Government Printing Press on recycled paper
