L.S. 552.25 Regolamenti dwar Skedi ta’ Multi

(1)The title of these regulations is the Schedule of Penalties Regulations. Citation and applicability.

(2)These regulations shall apply to those applications submitted on or after the date of coming into force of these regulations *. 2.

(1)requires: In these regulations, unless the context otherwise "the Act" means the Environment Protection Act or the Development Planning Act, as the case may require; "the Authority" means the Planning Authority established under the Development Planning Act and, or the Environment and Resources Authority established under the Environment Protection Act, as the case may be; "DPF" means the development permission fee in accordance with the Development Planning (Fees) Regulations, applicable on an application relating to the illegal development undertaken, or relating only to the illegal part in the case of an application covering a number of developments; Interpretation. Cap. 549. Cap. 552. Cap. 552. Cap. 549. S.L. 552.12 "ODZ" means Outside Development Zone and means development outside the boundary of a temporary provisions scheme or outside the boundary for development in a local plan; "protected area" means an area which is protected under the provisions of the Act or any regulation made thereunder.

(2)Development under these regulations shall exclude minor amendments and development notification orders without notification.

(3)In these regulations any expression defined by the Act has the same meaning as it has in the Act. 3. Where the Authority gives notice in writing to a person in accordance with article 93

(1)of the Environment and Development Planning Act, the penalty which is to be notified to such person shall be in accordance with the schedules to these regulations in terms of the following regulations. Schedule of penalties. Cap. 504. 4.

(1)Where the offence consists in failure to comply with approved plans or conditions or other obligations imposed by a development permission, unless such offence falls under Schedule C, the penalties shall be in accordance with Schedule A. Development not in accordance with a development permission. *see sub-regulation

(2)of regulation 1 of these regulations, as originally promulgated. 2 [ S.L.552.25 SCHEDULE OF PENALTIES

(2)The penalties mentioned in Schedule A shall be paid upon the decision of a development planning application indicating the need for sanctioning the offence, and shall be increased by a further 50% if such offence was not indicated by the applicant when the said application was submitted.

(3)The penalty shall be calculated in relation to the DPF, as shown in Schedule A. Development without a development permission. 5.

(1)Where the offence consists of development carried out without a development permission, unless such offence falls under Schedule C, the penalties shall be in accordance with Schedule B.

(2)The penalties mentioned in Schedule B shall be paid upon the decision of a development planning application indicating the need for sanctioning the offence, and shall be increased by 50% if such offence was not indicated by the applicant when the said application was submitted.

(3)The penalty shall be calculated in relation to the DPF, as shown in Schedule B. Minor offences. 6. The following offences shall be considered as minor offences for the purposes of these regulations and shall, unless such property is within a protected area, be regulated by the penalties mentioned in Schedule C: (

1. a)an extension to a change of use not exceeding 25 square metres, changes to size, style, form and other similar elements of the facade, excluding timber balconies, where such changes alter materially the character or context of the building and its surroundings but does not result in a totally different facade, and (
2. b)addition of 36 square metres to a building, provided that such an addition would not result in the creation of an additional dwelling unit; (
3. c)a development notification order with notification. Other offences. 7. The offences mentioned in Schedule D shall be regulated by the penalties mentioned therein. SCHEDULE OF PENALTIES [ S.L.552.25 3 SCHEDULE A DEVELOPMENT NOT IN ACCORDANCE WITH A DEVELOPMENT PERMISSION OR NOT ACCORDING TO OFFICIAL ALIGNMENT, EXCLUDING MINOR AMENDMENTS Development not in ODZ Where the DPF is Euro 1000 or less Penalty Euro 300 + 200% of the DPF with a minimum of Euro 500 Where the DPF is between Euro 1000 and Euro 2000 Euro 400 + 200% of the DPF Where the DPF is more than Euro 2000 Euro 500 + 200% of the DPF up to a m axim um of Euro 50,000 Development in ODZ Where the DPF is Euro 1000 or less Penalty Euro 300 + 400% of the DPF with a minimum of Euro 100 Where the DPF is between Euro 1000 and Euro 2000 Euro 400 + 400% of the DPF Where the DPF is more than Euro 2000 Euro 500 + 400% of the DPF up to a m axim um of Euro 50,000 Where the development above-mentioned is carried out in a protected area and not related to development within registered livestock farms, the above-mentioned fine may be increased by 100% up to a maximum of Euro 50,000. For the purposes of this Schedule, "development not in accordance with a development permission" shall mean a development which exceeds the approved footprint or, increases the approved volume of the building in excess of what is provided for in regulation 6(b). SCHEDULE B DEVELOPMENT WITHOUT A DEVELOPMENT PERMISSION Development not in ODZ Where the DPF is Euro 1000 or less Penalty 400% of the DPF with a minimum of Euro 100 Where the DPF is between Euro 1000 and Euro 2000 400% of the DPF Where the DPF is more than Euro 2000 400% of the DPF up to a maximum of Euro 50,000 Development in ODZ Where the DPF is Euro 1000 or less Penalty Euro 300 + 600% of the DPF with a minimum of Euro 100 Where the DPF is between Euro 1000 and Euro 2000 Euro 400 + 600% of the DPF Where the DPF is more than Euro 2000 Euro 500 + 600% of the DPF up to a m axim um of Euro 50,000 4 [ S.L.552.25 SCHEDULE OF PENALTIES Where the development above-mentioned is carried out in a protected area and not related to development within registered livestock farms, the above-mentioned fine may be increased by 100%. SCHEDULE C MINOR OFFENCES AND DEVELOPMENT NOTIFICATION ORDER The penalty is Euro 150 Where the development above-mentioned is carried out in a protected area and not related to development within registered livestock farms, the above-mentioned fine may be increased by 100%. SCHEDULE D OTHER OFFENCES Type of offence Failure to serve a commencement notice or to serve it within the required time when this is required: Penalty For alterations or extensions Euro 50 For single dwelling units Euro 75 For other development Euro 200 Failure to return Setting Out Request Notice when this is required Euro 150 Failure to affix the permit notice when required when development is taking place: At first instance Euro 50 For subsequent instances on same site Euro 100 Failure to obtain a Completion Certificate (certifying that the development has been carried out in accordance with the approved plans and with the conditions imposed on a permission) if imposed in a condition Euro 1500 Tampering with seals placed by the Authority 1st attempt: Euro 1500 subsequent attempts: Euro 12,000 each time Where the development above-mentioned is carried out in a protected area and not related to development within registered livestock farms, the above-mentioned fine may be increased by 100%.