REGISTRATION OF DECONTROLLED DWELLING HOUSES [ S.L.158.01 1 SUBSIDIARY LEGISLATION 158.01 REGISTRATION OF DECONTROLLED DWELLING HOUSES REGULATIONS 10th April, 1959 LEGAL NOTICE 32 of 1959, as amended by Legal Notices 41 of 1968, 11 of 1970, 15 of 1972, 33 of 1984, 82 of 1988, 213 of 1997, 410 of 2007 and 90 of 2015. 1. The title of these regulations is the Registration of Decontrolled Dwelling Houses Regulations. Title. 2.
(1)The Land Valuation Officer (hereinafter referred to as ''the Officer'') shall keep a register of dwelling houses registered by him as decontrolled dwelling houses under the provisions of the Housing (Decontol) Ordinance, (hereinafter referred to as ''the Ordinance'') and of these regulations. Keeping of register of decontrolled dwelling houses. Cap. 158.
(2)Such register shall be called the Register of Decontrolled Dwelling Houses (hereinafter referred to as ''the Register'') and shall be kept in such form and according to such method of classification by locality or otherwise as the Officer may from time to time determine. 3.
(1)An application for the registration of a dwelling house as a decontrolled dwelling house shall be made in such form and contain such particulars as the Officer shall from time to time determine by notice in the Gazette.
(2)A separate application shall be made in respect of each dwelling house: Provided that, where decontrol is applied for at the same time in respect of a number of flats belonging to the same owner and contained in the same block of flats, only one application shall be made in respect of such number of flats. Procedure and fee for application for registration. Amended by: L.N. 41 of 1968; L.N. 11 of 1970; L.N. 15 of 1972; L.N. 213 of 1997; L.N. 410 of 2007; L.N. 90 of 2015.
(3)A fee of sixty-four euro (€64) shall be paid for each dwelling house or flat in respect of which decontrol is applied for.
- The Officer may require the applicant to furnish further particulars and to produce any books, registers, plans, contracts, judicial acts and other documents, or copies thereof, concerning the premises to which the application relates. Officer may require further particulars and evidence.
- The Officer or any person authorised in writing by him in that behalf may, on reasonable notice and during reasonable hours of daylight, enter any premises in respect of which an application has been made for the purpose of inspecting and taking particulars of such premises. Power of inspection. 6.
(1)On being satisfied that the premises to which the application relates comply with the requirements of any one of paragraphs (a), (b), (c), (d), (
- e)or (
- f)of article 3 of the Ordinance and, where applicable, are not excepted under the provisions of Order granting registration. Amended by: L.N. 33 of 1984; L.N. 82 of 1988. 2 [ S.L.158.01 REGISTRATION OF DECONTROLLED DWELLING HOUSES article
(6)
(1)thereof, the Officer shall make an order granting the application and shall send a copy of such order to the applicant by registered post.
(2)Where article 6
(4)of the Ordinance applies to a dwelling house in respect of which an order is made under subregulation
(1), the Officer shall, in making the order, refer to the fact that the registration of that dwelling house is to have effect only from the day on which the owner becomes entitled to the vacant possession upon the determination of the relevant letting. Notice of intention to refuse registration.
- The Officer, before he makes an order refusing an application for registration under these regulations, shall send to the applicant by registered post notice of his intention to make such an order, setting out briefly the reasons why he intends to refuse the application and giving the applicant notice that if within ten days of the receipt of the notice the applicant informs him in writing of his desire so to do, he will give him or his representative an opportunity before the order is made of showing cause why the order should not be made. Order of refusal of registration.
- If, after complying with the provisions of regulation 7, the Officer decides to refuse an application for registration, he shall make an order to that effect and shall notify the applicant by registered letter that he has made such an order. Procedure for appeals to the Board. Amended by: L.N. 410 of
- 9.
(1)An appeal to the Board under article 4
(1)of the Ordinance may be made by means of an application to be filed within six days from the date on which the applicant for registration is notified of the order refusing the registration.
(2)The application to the Board shall, on pain of nullity, be signed by an advocate or a legal procurator, and shall contain a clear indication of the premises in respect of which it is made and a statement of the grounds on which the appeal is entered.
(3)With each application there shall be filed a true copy thereof for service upon the Officer.
(4)On the filing of each application to the Board, a registry fee of three euros and forty-nine cents (3.49) shall be paid in addition to the appropriate transport fees for service of the copy of the application.
(5)The date of hearing shall be so fixed by the Board that not less than eight working days shall intervene between the filing of the application and the first hearing of the matter, provided that not less than three working days shall be allowed between the date of service of the application of the Officer and the date fixed for the hearing of the application.
(6)The Officer shall make his submissions orally or in writing, if any, at the first hearing of the matter.
(7)In default of any submissions on the day fixed for hearing, in contestation of the demand contained in the application, the Board shall allow the application.
(8)The Board may, if it deems it so necessary, carry out an inspection of the premises through its technical members. REGISTRATION OF DECONTROLLED DWELLING HOUSES [ S.L.158.01 3
(9)The fee payable to the advocate or legal procurator representing the parties in an appeal to the Board under article 4
(1)of the Ordinance shall not be less than four euros and sixty-six cents (4.66) and not more than nine euros and thirty-two cents (9.32), as may be fixed by the Board.
(10)The provisions of the Reletting of Urban Property (Regulation) Ordinance shall apply to any application by means of which an appeal is entered to the Board under article 4
(1)of the Ordinance and to the proceedings connected therewith. Cap.
- An appeal from the decision of the Board under article 4
(3)of the Ordinance shall be brought before the Court of Appeal by means of an application to be filed within six days from the day on which the decision of the Board is delivered. Procedure for appeals from the decisions of the Board. 11. On making an order for registration under regulation 6, or where an order under regulation 8 refusing registration is reversed by a decision of the Board or of the Court of Appeal, as the case may be, the Officer shall cause the dwelling house to which the order relates to be included in the Register by means of an entry containing - Particulars to be noted in the Register. (a) the date of registration; (b) the locality, street name, door number and other particulars sufficient to identify the dwelling house; (c) the date of the decision of the Board or of the Court of Appeal, if any, granting the registration; (d) a reference to the provision of the Ordinance under which the regulation is allowed; and (e) a reference to any reservation which is to be made under regulation 6
(2).
- Without prejudice to the provisions of regulation 5, the Officer may delegate any of his duties, powers and functions under these regulations, other than the making of an order refusing registration, to any Assistant Land Valuation Officer or to any other public officer. Delegation of duties, powers and functions. Amended by: L.N. 41 of
- Any person may during the usual office hours inspect the Register and take notes therefrom. Register open to inspection. 14.
(1)On application accompanied by a fee of two euro and sixty cents (€2.60) the Officer shall issue, in respect of any one particular dwelling house, a certificate stating whether that house is registered as a decontrolled dwelling house. Issue of certificates. Amended by: L.N. 15 of 1972; L.N. 213 of 1997; L.N. 410 of 2007; L.N. 90 of 2015.
(2)The certificate shall indicate the date of registration, the provision of the Ordinance under which registration is allowed, and any reservation made under regulation 6
(2).