DIRECT DISPOSAL OF RESIDUAL SITES OF GOVERNMENT PROPERTY FORMING PART OF A LARGER DEVELOPMENT [ S.L. 573.14 1 SUBSIDIARY LEGISLATION 573.14 DIRECT DISPOSAL OF RESIDUAL SITES OF GOVERNMENT PROPERTY FORMING PART OF A LARGER DEVELOPMENT REGULATIONS 16th September, 2022 LEGAL NOTICE 232 of 2022, as amended by Legal Notice 100 of 2026. 1. The title of these regulations is the Direct Disposal of Residual Sites of Government Property forming part of a Larger Development Regulations. Citation. 2. The purpose of these regulations is to allow the Lands Authority to transfer residual sites of Government property to owners of a larger development of which the residual site already forms part, or to owners of an adjacent site as defined in these regulations. Scope. Substituted by: L.N. 100 of 2026. 3. requires: In these regulations, unless the context otherwise Interpretation. Amended by: L.N. 100 of 2026. "Act" means the Government Lands Act; Cap. 573. "Authority" or "competent authority" means the Lands Authority established in accordance with article 5 of the Lands Authority Act; "adjacent site" means any immovable property, owned by the applicant, situated within the development zone as determined by: (
- a)the Planning Authority’s official alignment; (
- b)an approved development plan, or is deemed as a legal development by the approval of a development permission, whether it is already developed or otherwise; "residual site" means a site currently owned by the Government, which in its entirety is not larger than fifty square metres (50m2): Provided that a residual site shall be a site which: (
- a)is in contact with an adjacent site; or (
- b)forms part of a larger development; and (
- c)is situated in a development zone as determined: Cap. 563. 2 [ S.L. 573.14 DIRECT DISPOSAL OF RESIDUAL SITES OF GOVERNMENT PROPERTY FORMING PART OF A LARGER DEVELOPMENT (
- i)by the Planning alignment; Authority’s official (
- ii)by an approved development plan, or is deemed as a legal development by the approval of a development permission, whether it is already developed or not: Provided further that a residual site shall be considered as such whether it is already developed or otherwise, irrespective of the type and class of development use present on the site: Provided further that for the purposes of these regulations, a site which is larger than fifty square meters (50m2) up to a maximum of one hundred and fifty square metres (150m 2 ) shall also be considered as a residual site, provided that it satisfies all the criteria established in this definition and it is not deemed to be developable independently of the adjacent site, nor deemed to form part of an adjacent site belonging to third parties or to the Government. Application by an owner. Substituted by: L.N. 100 of 2026. 4.
(1)Any person may apply to the Authority to acquire a residual site with a valid title: Provided that an application shall not be considered by the Authority unless the applicant is the owner with a valid legal title of the adjacent site, saving cases as explained in sub-regulations
(4)and
(5), where the application may be submitted by one
(1)person with the consent of all the owners.
(2)Where the applicant has a title of perpetual utile dominium on the adjacent site, the Authority shall transfer the residual site free and unencumbered.
(3)Where the applicant has a title of temporary utile dominium on the adjacent site, where the owner is the Government, the Authority shall transfer the residual site by title of temporary emphyteusis which expires on the same date as the temporary emphyteusis of the adjacent site.
(4)In cases where occupation of a residual site already exists on multiple levels pro indiviso, the Authority shall transfer them by separate titles, following an appropriate distribution exercise according to the relative titles of ownership.
(5)In the case of multiple occupations of a residual site pro indiviso, such as the common parts of a condominium, the Authority shall transfer the residual site pro indiviso, and the resulting costs shall be apportioned among the eligible applicants, according to the corresponding titles of ownership. DIRECT DISPOSAL OF RESIDUAL SITES OF GOVERNMENT PROPERTY FORMING PART OF A LARGER DEVELOPMENT [ S.L. 573.14 3
(6)All applications shall be subject to an initial and nonrefundable submission fee of one thousand euro (€1,000). In the case of multiple occupations as established in sub-regulations
(4)and
(5), the right of submission shall be increased by five hundred euro (€500) for each relative ownership fee. 5.
(1)The standard rates for the transfer of the residual site shall be of two hundred euro (€200) per square metre based on the plot size of the site in question for residential development, and four hundred euro (€400) per square metre for each other class of use. In cases including multiple tiers, the said rates shall be apportioned in accordance with the number of tiers: Rates. Substituted by: L.N. 100 of 2026. Provided that the Minister in consultation with the Authority may establish different rates for specific locations.
(2)In cases where multiple levels include different use, rates shall be applied and apportioned according to use.
(3)For those cases where the Authority is transferring the site above mentioned by title of temporary emphyteusis, the annual rate of groundrent shall be equivalent to two per cent (2%) of the rates indicated in sub-regulation
(1): Provided that in any case, the annual rate of ground rent shall never be less than one euro (€1.00) per annum.
(4)In the case of residual sites which are larger than fifty square metres (50m2), the applicable standard rates shall be as per the Schedule.
(5)No further charges shall be levied by the Authority for the occupation of a residual site without a valid title.
- Repealed by Legal Notice 100 of
- Documents required with applications.
- Any transfer of a residual site by virtue of these regulations shall be made by means of a public deed following the payment of all expenses provided for in regulation
- Transfer shall be made by a public deed.
- The Authority shall ensure that all expenses incurred in relation or incidental to an application, including but not limited to the initial submission fee, are paid by the applicant. No transfer shall be made before the Authority is satisfied that all expenses were collected in their entirety. Expenses. Amended by: L.N. 100 of
- 9.
(1)The Authority shall have the absolute and sole right to refuse any application made under these regulations. The refusal shall be in writing and there shall be detailed reasons for its Reservations. Substituted by: L.N. 100 of 2026. 4 DIRECT DISPOSAL OF RESIDUAL SITES OF GOVERNMENT PROPERTY FORMING PART OF A LARGER DEVELOPMENT [ S.L. 573.14 decision.
(2)The Authority reserves the right to refuse any application in such case where the Authority deems it more advantageous to transfer the site as requested on its own or as part of a larger site. Cap. 573.
(3)In the case of a residual site which can be considered as such with more than one adjacent site, the Authority reserves the right to dispose of the residual site in terms of article 31 of the Act. Cap. 445. Cap. 549. Cap. 552.
(4)The Authority reserves the right to terminate the application process made in terms of these regulations at any stage and, or to refuse to accept any application, if in its opinion, the property is located in a place of national importance, including but not limited, to properties scheduled in terms of the Cultural Heritage Act, the Environment Protection Act and the Development Planning Act.
(5)There shall be no right of action against the Authority for any claim for damages and, or decision for compensation arising from the exercise of its functions in accordance with this regulation provided that the Authority has acted in good faith. Right of action by the Authority.
- The Authority is empowered to institute proceedings before the First Hall, Civil Court against any person where it deems that there is a breach of any provision of these regulations, even after the signing of the relative deed. The Authority shall request the court to declare that the deed of transfer is null and void, even where the site has been transferred to third parties: Provided that no action shall lie against the Authority for any claim of damage and, or award for compensation for any improvements which may have been carried out on the site or property on which the residual site pertains to. SCHEDULE Added by: L.N. 100 of
- Area (m2) 1-50 51-100 101-150 (€)/m2 (€)/m2 (€)/m2 Residential (including residential garages/ parking spaces) 200 400 600 Commercial/NonResidential 400 800 1200 Notes (i) Rates shall be charged in a sequential incremental scale. Example: a 65 sq.m. residential site shall be charged at €200/m2 for the DIRECT DISPOSAL OF RESIDUAL SITES OF GOVERNMENT PROPERTY FORMING PART OF A LARGER DEVELOPMENT first 50m2 and €400/m2 for the remaining 15m
- [ S.L. 573.14 5