EXPIRED OR EXPIRING EMPHYTEUTICAL CONCESSIONS [ S.L. 573.15 SUBSIDIARY LEGISLATION 573.15 EXPIRED OR EXPIRING EMPHYTEUTICAL CONCESSIONS REGULATIONS 14th July, 2023 LEGAL NOTICE 161 of 2023, as amended by Legal Notice 78 of
- The title of these regulations is the Expired or Expiring Emphyteutical Concessions Regulations. Citation.
- requires: In these regulations, unless the context otherwise Interpretation. Amended by: L.N. 78 of
- "Act" means the Government Lands Act; Cap.
- "agricultural land" means any land which is mainly leased for the cultivation of agricultural produce, flowers, fruittrees or vines, and for purposes related to agriculture, including the erection of glasshouses, cloches, cold frames or tunnels, but shall not include land intended for grazing animals; "agricultural purposes" means farms or other buildings intended primarily for the keeping of cattle for breeding and fattening, storage of farm machinery and equipment, storage of agricultural products as well as storage of tools and vehicles used for the purposes of cultivation or irrigation of agricultural land, and shall specifically provide, inter alia, that the garaging of vehicles, other than those specifically used in the agricultural sector for agricultural purposes, such as tractors and associated agricultural machinery, shall not be permitted; "Authority" or "competent authority" means the Lands Authority established in accordance with article 5 of the Lands Authority Act; Cap.
- "emphyteutical concession" means a temporary emphyteutical concession or sub-emphyteutical concession of land which was granted by the Government or its predecessors in title and which has expired before the entry into force of these regulations and which land the Government has not taken back possession of, and shall also include any other emphyteutical concession which shall expire by 31st December 2030 or any earlier date; "kiosk" shall have the same meaning as that assigned to it in the Catering Establishments Regulations and shall also include land occupied by a ticket booth and land occupied and used for the commercial activity of street vendors or mobile hawkers; L.S. 409.
- 1 2 EXPIRED OR EXPIRING EMPHYTEUTICAL CONCESSIONS [ S.L. 573.15 Cap.
- "land" shall have the same meaning as assigned to it in the Government Lands Act; "recognised use" means the use to which the land has been granted including such land use recognised by the Authority or which the Authority considers to recognise. "recognised person" means a person who was recognised as the emphyteuta or sub-emphyteuta by the Authority upon expiry of the emphyteutical concession, and any other person who may have the right to be recognised in place of the same, if the necessary documentary evidence is provided. Applicability. Substituted by: L.N. 78 of
- 3.
(1)These regulations shall apply to any emphyteutical concession except for those emphyteutical concessions referred to in sub-regulation
(2): Provided that in the case of a site exceeding the overall footprint of one thousand and five hundred square metres (1,500m2), the concession shall be subject to the provisions of article 31(c) of the Act, save for those concessions of agricultural land.
(2)These regulations shall not apply in respect of: (
- a)any emphyteutical concession approved by a special resolution of the House of Representatives; (
- b)any emphyteutical concession granted for a kiosk; (
- c)any emphyteutical concession granted following a call for tenders, or an auction, and this is with the exception of those concessions which were granted before the coming into force of the Act; (
- d)an application made by any other person who is not the recognised person; Cap. 552. (
- e)any emphyteutical concession granted on agricultural land where the land to which the concession relates is included in its entirety within the development zone boundary in accordance with the local plans approved under the Development Planning Act: Provided that in case the concession includes agricultural land located both within and outside the development zone boundary, these regulations shall only be applicable to that part of the concession located outside the development zone boundary. Miscellaneous cases of concessions. Substituted by: L.N. 78 of 2025. 4.
(1)An agricultural lease may be granted in cases where the recognised person makes a request on agricultural land on which there was an emphyteutic concession and which may include EXPIRED OR EXPIRING EMPHYTEUTICAL CONCESSIONS [ S.L. 573.15 3 rooms mainly used for the storage of agricultural products or tools and vehicles used for cultivation or irrigation.
(2)A temporary emphyteutical concession may be granted in cases where the recognised person makes a request on land or a part of land on which there was an emphyteutic concession for agricultural purposes and where farms or other buildings intended primarily for the keeping of cattle for breeding and fattening are built.
(3)A temporary emphyteutical concession may be granted following a request made by the recognised person on any other land not mentioned in sub-regulations
(1)and
(2). 5.
(1)Any request regarding an emphyteutical concession as defined in these regulations shall be made by means of an application, in the form prescribed by the Authority, and shall be submitted by the recognised person: (a) by not later than five
(5)years from the date of the coming into force of these regulations in the cases where the concession is expired; or (b) before the end of the term of the concession for those concessions which shall expire by the 31st of December 2030. Request to the Authority. Substituted by: L.N. 78 of 2025.
(2)Any application which is not made within the timeframes indicated in sub-regulation
(1)shall not be considered as valid.
- Deleted by Legal Notice 78 of
- 7.
(1)Where there is more than one
(1)recognised person on any emphyteutical concession, any one or more recognised persons may renounce and cede any rights that they may have on the land and transfer such rights to the other recognised persons subject to an application made in accordance with these regulations. Request in case of an expiring emphyteutical concession. Cessation. Substituted by: L.N. 78 of 2025.
(2)Any renunciation of rights as described in sub-regulation
(1)shall be made by means of a public deed in cases where the emphyteutical concession is still running: Provided that in case the emphyteutical concession has expired, any renunciation of rights shall be made by means of a sworn declaration. 8.
(1)The term of the emphyteutical concession granted by the Authority in accordance with these regulations shall be fifty
(50)years commencing from the date of publication of the emphyteutical concession. Term of emphyteutical concession or agricultural lease. Substituted by: L.N. 78 of 2025. 4 [ S.L. 573.15 EXPIRED OR EXPIRING EMPHYTEUTICAL CONCESSIONS
(2)The term of the agricultural lease shall be for one
(1)year which may be tacitly renewed on a yearly basis on the fifteenth
(15)August of every year, subject that the Authority shall have the discretion to exercise any right according to law or in terms of the agricultural lease conditions. Payment for the occupation of the property. Amended by: L.N. 78 of 2025. 9.
(1)In the case of an expired emphyteutical concession, the recognised emphyteuta shall pay one
(1)lump sum payment for occupancy of the land from the date on which the emphyteutical concession expired until the date on which the new emphyteutical concession is published or the new agricultural lease is signed, as the case may be.
(2)The payment that has to be paid under this regulation shall be calculated on the amount of the ground-rent due on the date of the expiration of the original emphyteutical concession shall be paid in full at the time of the publication of the emphyteutical concession or on the signing of the agricultural lease contract, as the case may be. Amount of ground rent or agricultural lease. Amended by: L.N. 78 of 2025. 10.
(1)In the case of an agricultural lease granted on agricultural land in accordance with regulation 4
(1), the amount of the annual rent shall be in accordance with the rates for agricultural leases as established by the Authority.
(2)In the case of an emphyteutical concession granted on land for agricultural purposes in terms of regulation 4
(2), the amount of the annual ground rent due shall be in accordance with the rates for agricultural purposes as established by the Authority.
(3)In the case of an emphyteutical concession granted on any other land in accordance with regulation 4
(3), the annual amount of ground rent shall be equivalent to two per cent (2%) of the open market value of the land free and unencumbered according to its recognised use and this annual ground rent amount shall be revised upwards every ten
(10)years at the rate of ten percent (10%).
(4)The free and unencumbered value of land on the open market granted by emphyteutical concession in accordance with the preceding sub-regulation shall be determined by means of an expert valuation in accordance with article 79 of the Act: Provided that any enhancements or improvements made on the land during its occupation by the recognised emphyteuta shall not be taken into account in determining the free and unencumbered value of the land on the open market. Application process. 11.
(1)Any application submitted to the Authority in accordance with these regulations shall be considered valid only after all the necessary requirements listed in the application form have been satisfied. EXPIRED OR EXPIRING EMPHYTEUTICAL CONCESSIONS [ S.L. 573.15
(2)The Authority shall have the right to request any other information or documentation which it deems necessary to process the application.
(3)The Authority shall have the right to suspend, and where it deems necessary deny, any application submitted pursuant to these regulations where it finds that there is a legal challenge in respect of the land to which the application relates. 12.
(1)In addition to the application submitted to the Authority in accordance with these regulations, the recognised emphyteuta shall provide a declaration signed by him confirming that all the content of the application submitted by him is correct and that no other relevant facts, information or documentation that would they have been known by the Authority would have led to the rejection of the application. Declaration.
(2)No applicant may justify its failure to omit facts, information or other documentation relevant to the application on the grounds that the Authority already had knowledge of those facts, information or documentation. 13. All costs, including the expert valuation required in accordance with these regulations and those relating to the execution of the emphyteutical concession or the agricultural lease, as the case may be, shall be paid by the applicant by no later than the date of signing of the emphyteutical concession or agricultural lease, as the case may be and no emphyteutical or agricultural lease contracts may be signed before such expenses are paid. Expenses and charges. 14.
(1)The Authority shall have the right to reject in its sole discretion any application submitted to it in accordance with these regulations. Saving.
(2)The decision by which the Authority denies an application submitted to it pursuant to these regulations shall be in writing, even if by electronic means, and shall include the reason which led to the refusal of the application.
(3)The Authority shall have the right to bring an action before the Civil Court, First Hall requesting the cancellation of the agricultural lease, or the rescission of the emphyteutical concession, carried out in accordance with these regulations, if the approval of the application for the execution of the emphyteutical concession or agricultural lease, as the case may be, was based on incorrect information or resulted from an error and where, in the absence of such incorrect information or error, the Authority would have rejected the application.
(4)The Authority shall not be liable for any form of damage 5 6 [ S.L. 573.15 EXPIRED OR EXPIRING EMPHYTEUTICAL CONCESSIONS or compensation in the exercise of its functions under these regulations. Appeal. Cap.
- An applicant shall have a right of appeal from a decision of the Authority taken pursuant to these regulations under the terms of article 57 of the Lands Authority Act.