L.S. 328.04 Regolamenti biex iħajru Persuni jsiru Sid Darhom (Skema għax-Xiri ta' Djar ta' Abitazzjoni Privati)

(3); "applicant" means a person who applies for the purchase of a private dwelling-house under this Scheme; "the Authority" means the Housing Authority established by article 3 of the Housing Authority Act; "basic year" means the year immediately preceding the year in which an application under this Scheme is made and with reference to clause 9

(4)it means the year immediately preceding the year in which a revision under that sub-clause is due; "beneficiary" has the same meaning assigned to it in article 2 of the principal Act; "dwelling-house" has the same meaning assigned to it in article 2 of the principal Act; Cap.

1. 2 [ S.L.328.04 HOME OWNERSHIP (ENCOURAGEMENT) (PURCHASE OF PRIVATE DWELLING-HOUSES SCHEME) "emphyteuta" includes a sub-emphyteuta; "Government" means the Government of Malta; "ordinary residence" does not include a summer residence; "prescribed" means prescribed by the Authority; Cap.
2. "the principal Act" means the Home Ownership (Encouragement) Act; "private dwelling-house" means a dwelling-house which is not the property of the Government; "recognised tenant" means a person holding a private dwellinghouse under a title of lease from the lessor and recognised as such by the lessor. "tenant" includes sub-tenant. Applications for purchase. 3.

(1)Any person qualified to do so under this Scheme may make an application on the prescribed form to the Authority requesting a home purchase assistance grant to purchase a private dwelling-house occupied by him as his ordinary residence.

(2)A person shall qualify to make an application under this Scheme where, on the date of the application: (

1. a)the applicant or, in the case of a married couple, the applicant’s spouse, is a citizen of Malta; and (
2. b)the applicant and the applicant’s spouse or fiancée/ fiancé are residents of Malta and have been so resident continuously for not less than twelve consecutive months immediately preceding the date of the application; and (
3. c)subject to the provisions of sub-clauses

(6)and

(7), the applicant is a recognised tenant or a temporary or a perpetual emphyteuta who occupies as his ordinary residence the private dwelling-house in respect of which the application is made and, in the case of a perpetual emphyteuta, who on the contract of transfer of the premises had bound himself to redeem the groundrent due and this obligation was undertaken on, or before, the thirtieth (30th) of June, 1991, and the said contract was duly registered at the Public Registry or at the Land Registry, as the case might be, during the period of time prescribed by law; and (d) the applicant and the applicant’s spouse or fiancée/ fiancé have continuously occupied the dwelling-house as aforesaid for a period of not less than one year immediately preceding the date of the coming into force of these regulations.

(3)A person shall not qualify to make an application under this Scheme if the applicant or the applicant’s spouse has already benefited under: (

1. a)any of the schemes published by Government Notices Numbers 11 and 12 in the Government Gazette of the 6th January, 1987; or HOME OWNERSHIP (ENCOURAGEMENT) (PURCHASE OF PRIVATE DWELLING-HOUSES SCHEME) [ S.L.328.04 3 (
2. b)the scheme published by Government Notice Number 138 in the Government Gazette of the 20th February, 1987; or (
3. c)any of the schemes published by Government Notices Numbers 124, 126, 127, 128, 129 and 130 in the Government Gazette of the 16th February, 1988; or (
4. d)any of the schemes published by Legal Notices 137, 138, 139 and 140 in the supplement of the Government Gazette of the 7th September, 1990; or (
5. e)any assistance under what used to be known as the "Home Ownership Scheme" or any other assistance for the encouragement of home ownership by the Department of Social Housing or by the Land Department or by the Authority or by any of them jointly.

(4)A person shall also not qualify to make an application under this Scheme if he has acquired land from the Government which had been expropriated by virtue of the provisions of the Building Development Areas Act. Cap. 303.

(5)Notwithstanding the provisions of sub-clause

(3), a person who benefits, or qualifies to benefit, under this Scheme shall not be disqualified for that reason alone from benefiting, after the coming into force of these regulations, under the scheme published by Government Notice Number 124 in the Government Gazette of the 16th February, 1988 or under any other. scheme substituting it.

(6)Where a person is a sub-tenant or sub-emphyteuta that person shall not qualify to make an application under this Scheme unless he has reached agreement with all those persons from whom his title derives.

(7)Without prejudice to the dispositions of sub-clause

(8), where a person occupies a dwelling-house which is the property of his parents or a dwelling-house which is the property of relatives of the first generation such person shall not qualify to make an application under this Scheme.

(8)Where a person occupies and is co-owner of a dwelling house and this co-ownership has been acquired by that person by me ans of i nh erit ance , th at p erso n shal l qu al ify to m ak e an application under this Scheme to buy out the share/e of the other co-owner/s and thus become the absolute owner of the dwellinghouse he occupies.

(9)Saving the provisions of clause 13, any expenses incurred by the applicant in connection with his application shall not be recoverable by the applicant whether or not his application is successful.

1. An applicant who is legally separated from his spouse shall produce a copy of the final judgement of the competent court pronouncing separation or a copy of the public deed effecting separation by mutual consent of the spouses with the authority of the competent court. Legally separated spouses. 4 [ S.L.328.04 Aggregate annual income. Amended by: L.N. 424 of
2. HOME OWNERSHIP (ENCOURAGEMENT) (PURCHASE OF PRIVATE DWELLING-HOUSES SCHEME) 5.

(1)For the purposes of this Scheme, the income of the applicant shall include: (

1. a)gross gains or profits from any trade, business, profession or vocation; (
2. b)gross gains or profits from any employment or office; (
3. c)gross gains or profits arising from the sale of any property or from the carrying on or carrying out of any profit-making undertaking or scheme; (
4. d)dividends, interests or discounts; (
5. e)any pension, charge, annuity or annual payment; (
6. f)rents, royalties, premiums and any other profits arising from property; (
7. g)the value of any produce receivable in respect of the use of capital, property, seed or stock for the purpose of husbandry or any share of profits receivable in respect of such use; (
8. h)any social benefit or allowance; (
9. i)any gains or profits falling under the descriptions in the foregoing paragraphs of this sub-clause other than those in paragraphs (
10. a)and (b), made by the applicant’s spouse or fiancée/ fiancé; (
11. j)fifty percent (50%) of the gains or profits falling under any of the descriptions in paragraphs (
12. a)and (
13. b)made by the applicant’s spouse or fiancée/fiancé; (
14. k)any other gains or profits.

(2)Where the applicant, and in the case of a married or engaged couple, the applicant or his spouse or fiancée/fiancé, or both, was or were gainfully occupied as provided in subclause

(1)(

1. a)and (
2. b)during only a part of the basic year, the gains or profits from such gainful occupation for the whole basic year shall be calculated by projecting the gains or profits made from such gainful occupation during the said part of the basic year by the applicant and/or his spouse or fiancée/fiancé, or by both, as the case may be, for the whole basic year.

(3)The aggregate annual income of the applicant shall be the income of the applicant determined in accordance with sub-clause

(1)of this clause from which the sum of two thousand and three hundred and twenty-nine euros and thirty-seven cents (€2,329.37) shall be deducted. Information. 6.

(1)The applicant shall give all that information regarding his financial means as he may be required to give by the Authority and for this purpose the applicant shall authorise the Commissioner of Inland Revenue, the Director of Social Security and any other person as may be necessary, to give the Authority any information concerning the applicant’s income during the basic year.

(2)The Authority may require the applicant to sign any declaration it may consider necessary for the carrying out of this Scheme and the applicant shall allow the Authority to inspect his HOME OWNERSHIP (ENCOURAGEMENT) (PURCHASE OF PRIVATE DWELLING-HOUSES SCHEME) [ S.L.328.04 5 ordinary residence and any other tenement held by him as the Authority may require. 7.

(1)Where an application under this Scheme has been approved by the Authority a home purchase assistance grant, the amount of which shall be determined in accordance with the following provisions of this clause, shall be paid by the Authority on the publication of the deed of sale and on behalf of the purchaser to the seller on account of the price. Home purchase assistance grant. Amended by: L.N. 424 of 2007.

(2)Subject to the provisions of sub-clause

(5), where the dwelling-house to be purchased was built and completed for habitation before the 1st of January, 1939, the amount of the purchase assistance grant shall be 60% of the agreed price.

(3)Subject to the provisions of sub-clause

(5), where the dwelling-house to be purchased was built and completed for habitation after the 1st of January, 1939 but before the 1st of January, 1960, the amount of the purchase assistance grant shall be 40% of the agreed price.

(4)Subject to the provisions of sub-clause

(5), where the dwelling-house to be purchased was built and completed for habitation on or after the 1st of January, 1960, the amount of the purchase assistance grant shall be 25% of the agreed price.

(5)Notwithstanding the foregoing provisions of this clause, the amount of any purchase assistance grant paid under this Scheme shall in no case exceed the sum of three thousand and seven hundred and twenty-seven euros (€3,727.00). 8.

(1)In any case where, following the purchase of a private dwelling-house in pursuance of an application approved by the Authority under this Scheme, ground rent is payable by the purchaser, the amount, terms and conditions for the payment of such ground rent shall be those approved by the Authority and in no case shall the ground rent payable by the purchaser exceed the amount of ground rent payable immediately before the publication of the deed of sale. Payment and redemption of ground rent.

(2)Any person whose application under this Scheme has been approved by the Authority, and where the dwelling-house to be purchased is subject to the payment of ground rent, shall bind himself, either before or on the publication of the deed of sale, to redeem the ground rent so payable in such a way that such person shall become the absolute owner of the dwelling-house to be purchased by that person. 9.

(1)Ten percent (10%) of the agreed purchase price shall be paid on account of the said price by the applicant on the promise of sale agreement and the balance of the price shall be paid on the publication of the deed of sale.

(2)The applicant may, after deducting the amount of the home purchase assistance grant and the aforesaid ten percent (10%) payment on account, borrow part of the balance of the purchase price from a financial institution approved by the Authority but the amount of the loan shall not exceed the limit laid down in the third column of Table A annexed to this Scheme according to the Payment of purchase price. Amended by: L.N. 424 of 2007. 6 [ S.L.328.04 HOME OWNERSHIP (ENCOURAGEMENT) (PURCHASE OF PRIVATE DWELLING-HOUSES SCHEME) aggregate annual income of the applicant as shown in the first column of the said Table, and shall be repayable within a maximum period of twenty-five years from the date of the publication of the deed of sale or not later than the date on which the applicant becomes sixty-five years of age, whichever is the earlier: Provided that the amount of the loan which may be borrowed as aforesaid shall in no case exceed the sum of sixteen thousand and three hundred and five euros and sixty-one cents (€16,305.61).

(3)Where an applicant has obtained a loan in accordance with sub-clause

(2)the Authority shall subsidise the interests payable on the loan so that the interests payable by the applicant shall be at the rate shown in the second column of Table A annexed to this Scheme according to the aggregate annual income of the applicant as shown in the first column of the same Table. No subsidy shall be payable where the aggregate annual income of the applicant for the basic year exceeds sixteen thousand and three hundred and five euros and sixty-one cents (€16,305.61).

(4)The rate of interest payable by the applicant as aforesaid shall be revised by the Authority every two years on the basis of the aggregate annual income for the basic year and the amount of the subsidy payable by the Authority shall also be revised accordingly. The first revision shall be due on the 1st of July, 1993.

(5)The Authority shall ensure that where the aggregate annual income of the purchaser in any one year is less than three thousand and nine hundred and fifty-nine euros and ninety-three cents (€3,959.93) the payment of monthly instalments due in repayment of any loan as aforesaid shall be suspended for a period of up to three months which may be extended by further periods of three months provided that the purchaser shall continue to pay the rate of interest payable by him under this Scheme. Transfer by the beneficiary. 10.

(1)Any dwelling-house purchased under this Scheme shall not be transferred under any title, other than causa mortis, by the beneficiary unless he complies with the following provisions of this clause.

(2)Where the transfer is to take place within ten years from the date of the deed of sale under this Scheme the beneficiary shall, before the transfer is effected, pay to the Authority and the financial institution approved by it under this Scheme, as the case may be, the whole or part of the value of the sum total of any grant, subsidy and any other benefit under this Scheme as laid down in the second column of Table B annexed to this Scheme according to the length of the period that has passed after the date of the deed of sale with the Authority as shown in the first column of the said Table.

(3)Where the transfer of the dwelling-house purchased under this Scheme is to take place after ten years from the date of the publication of the deed of sale, the beneficiary shall not make any payment as provided in sub-clause

(2)but shall give the Authority one month’s notice of his intention to transfer the said dwellinghouse and the Authority shall thereupon terminate any arrangement for the subsidy under this Scheme of any interests payable by the HOME OWNERSHIP (ENCOURAGEMENT) (PURCHASE OF PRIVATE DWELLING-HOUSES SCHEME) [ S.L.328.04 7 beneficiary.

1. Relief as provided in article 3(b) of the principal Act is hereby granted on the death of the beneficiary, and where the beneficiary is married at the time of the acquisition of the dwellinghouse, also on the death of the beneficiary’s spouse in respect of any dwelling-house purchased by a beneficiary under this Scheme and the provisions of article 6 of that Act shall therefore apply thereto: Relief from death and donation duty. Amended by: L.N. 424 of
2. Provided that the aforesaid relief shall only apply in respect of the first sixteen thousand and three hundred and five euros and sixty-one cents (€16,305.61) of the value of the dwelling house.
3. The right is hereby granted to register under the Housing (Decontrol) Ordinance a dwelling-house purchased by a beneficiary under this Scheme and the provisions of article 7 of the principal Act shall therefore apply thereto. Right to decontrol dwelling-house. Cap.
4. 13.

(1)Any application under this Scheme shall be lodged personally or by registered mail by the applicant with the Authority and that application shall not be accepted unless accompanied by the sum of forty-six euros and fifty-nine cents (€46.59) as an administrative charge which shall be refunded to the applicant on the deed of sale. Manner of application and administrative charge. Amended by: L.N. 424 of 2007. 14.

(1)If at any time it results that the applicant has made a false declaration for the purposes of any application made by him under the provisions of this Schem e the applicant, without prejudice to any punishment for which he may have become liable under any other law, shall be liable to the payment to the Authority of a penalty equivalent to the amount of any grant, subsidy and any other benefit received by the applicant under this Scheme. Penalty for false declarations.

(2)Any person who has made a false declaration as provided in sub-clause

(1)shall be disqualified for a period of five

(5)years from benefiting from any scheme made with the approval of the Parliamentary Secretary responsible for housing. 15.

(1)Notwithstanding anything contained in the foregoing provisions of this Scheme, the Authority shall have the right to refuse any application.

(2)The Authority shall have the right to request the revaluation of a tenement by an architect designated by it where the Authority considers this to be necessary. TABLE A (Clause 9) First Column Second Column Aggregate Annual Income of Applicant in Euros Rate of Interest 0 - 1,000 0.5% Third Column Limit of Loan not exceeding €16,305.61, as a percentage of the balance of purchase price* 100 Right of refusal and of revaluation. 8 [ S.L.328.04 HOME OWNERSHIP (ENCOURAGEMENT) (PURCHASE OF PRIVATE DWELLING-HOUSES SCHEME) 1,001 - 1,500 1,501 - 2,000 2,001 - 2,500 2,501 - 3,000 3,001 - 3,500 3,501 - 4,000 4,001 - 4,500 4,501 - 5,000 5,001 - 5,500 5,501 - 6,000 6,001 - 6,500 6,501 - 7,000 7,001 and over 1.0% 1.5% 2.0% 2.5% 3.0% 3.5% 4.0% 4.5% 5.0% 5.5% 6.0% 6.5% commercial rate 95 90 85 80 75 70 65 60 55 50 45 40 35 * after deducting the Home Purchase Grant and 10% from the purchase price TABLE B (Clause 10) First Column Period in Years after Date of Deed of Sale with the Authority less than 4 ............................................... 4 or more but less than 5 ......................... 5 or more but less than 6 ......................... 6 or more but less than 7 ......................... 7 or more but less than 8 ......................... 8 or more but less than 9 ......................... 9 or more but less than 10 ....................... Second Column Repayment of Grant, Subsidies, Benefits, etc. 100% 90% 80% 70% 50% 30% 10%