AMENDMENT OR REVOCATION OF A CONDITION IMPOSED IN A CONTRACT OF A PROPERTY TRANSFERRED BY THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY MEANS OF A SALE OR EMPHYTEUSIS [ S.L. 573.17 SUBSIDIARY LEGISLATION 573.17 AMENDMENT OR REVOCATION OF A CONDITION IMPOSED IN A CONTRACT OF A PROPERTY TRANSFERRED BY THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY MEANS OF A SALE OR EMPHYTEUSIS REGULATIONS 23th August, 2024 LEGAL NOTICE 196 of 2024, as amended by Legal Notice 75 of
- The title of these regulations is the Amendment or Revocation of a Condition Imposed in a Contract of a Property Transferred by the Government, the Lands Authority or Ecclesiastical Entities by means of a Sale or Emphyteusis Regulations. Citation.
- requires: In these regulations, unless the context otherwise Interpretation. "Act" means the Government Lands Act; Cap.
- "Authority" means the Lands Authority as established in accordance with article 5 of the Lands Authority Act; Cap.
- "applicant" means any natural or legal person who applies to the Authority to amend or revoke a condition imposed in the original contract in accordance with these regulations; "Board" means the Board of Governors of the Lands Authority composed in accordance with article 10 of the Lands Authority Act; "condition" means a requirement or term stipulated and defined in the contract with which one or both of the parties shall comply: Provided that a condition may vary in importance within the context of the contract and which can be categorised as being of minor, medium or major level of importance: Provided further that the Board or any such other member or officer of the Authority as may be authorised by the Authority shall decide on a case-by-case basis the level of importance of the said condition; Cap.
- 1 2 [ S.L. 573.17 AMENDMENT OR REVOCATION OF A CONDITION IMPOSED IN A CONTRACT OF A PROPERTY TRANSFERRED BY THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY MEANS OF A SALE OR EMPHYTEUSIS "core conditions" mean any of the following: (a) granted; the title by virtue of which the land was (b) the date of revision of the emphyteusis; (c) the canone in cases of emphyteusis; and (d) the term of emphyteusis; "person" means a natural or juridical person; "site" means the footprint of the property granted by direct sale or emphyteusis, irrespective of the current development state. Qualification. Substituted by: L.N. 75 of
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(1)Any person who has a title of acquisition by virtue of a public deed or emphyteusis on property that has been transferred to the applicant by the Government or the Authority, or by an ecclesiastical entity, who subsequently transferred the title to the Government, whether registered in the name of the Government or shall be registered in the name of the Government may, save as provided in the other provisions of these regulations, request the Authority to amend or revoke a condition imposed in the original contract: Provided that any amendment and, or revocation of the condition may only be done after the written acceptance of such change by the Authority: Provided further that no amendment or revocation of a condition shall be allowed in the following cases: (a) core conditions of any contract; (b) conditions in a contract Parliamentary resolution; and, or resulting from a (c) conditions in a contract resulting from a tender, or an auction, save for those conditions in a contract resulting from a tender, or an auction for an emphyteutical grant which had already been published in the Gazette by the Commissioner of Lands prior to the entry into force of the Act.
(2)The Authority shall have the sole discretion on the acceptance or otherwise in cases of requests for an amendment or a revocation of any other condition of the contract: AMENDMENT OR REVOCATION OF A CONDITION IMPOSED IN A CONTRACT OF A PROPERTY TRANSFERRED BY THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY MEANS OF A SALE OR EMPHYTEUSIS [ S.L. 573.17 3 Provided that the Authority shall decide on requests for an amendment or a revocation of any condition of the contract only in case where the contract does not specify the remedies available: Provided further that the Authority shall refuse an application if it deems that the change in condition shall negatively affect the intrinsic value of the property subject to application: Provided further that the Authority shall refuse an application in a case where the request to replace a condition in a contract referred to in paragraph (c) of sub-regulation
(1)results in a change of use from use of a commercial nature including industrial use, to residential use.
(3)Any person who has a title of acquisition by virtue of a public deed or emphyteusis on property that would have been transferred to the applicant by the Government or the Authority or by an ecclesiastical entity which subsequently transferred the title to the Government, whether registered in the name of the Government or if it shall be registered in the name of the Government and has breached the conditions in the contract shall, save as provided in the other provisions of these regulations, pay the amount determined by the Authority to compensate for the breach as established in accordance with regulation
- The applicant shall be recognised by the Authority as an owner or emphyteuta of the land or building: Eligibility. Provided that in the case of an emphyteusis, the applicant shall prove that there are no arrears of ground rent due to the Authority on the property in respect of which the application is being submitted in accordance with these regulations.
- The value for the amendment or revocation of a condition in the original contract of sale or emphyteusis shall be established by the Authority in accordance with regulations 6 and 7, after determining whether the condition in the contract is of a minor, medium or major level of importance: Provided that any contractual condition shall be considered as an encumbrance over the entire site even when it may appear that it is only applicable to a part thereof: Provided further that in the case where an amendment or a revocation of more than one condition in the contract is being requested, the payment due as fees and administrative penalties as the case may be, shall be considered in accordance with the provisions of these regulations for each condition whose amendment or revocation is Payment due for the amendment or the revocation of a condition in the original contract. 4 [ S.L. 573.17 AMENDMENT OR REVOCATION OF A CONDITION IMPOSED IN A CONTRACT OF A PROPERTY TRANSFERRED BY THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY MEANS OF A SALE OR EMPHYTEUSIS being requested. Fees for sites not exceeding one thousand and five hundred metres squared (1,500m2). Substituted by: L.N. 75 of
- Fees for sites exceeding one thousand and five hundred metres squared (1,500m2).
- Fees in relation to sites having a footprint not exceeding one thousand and five hundred metres squared (1,500m2) shall be in the amount established in Table A of the Schedule in accordance with the level of importance of the condition as determined by the Authority: Provided that if the condition in a contract resulting from a tender or, an auction for an emphyteutical grant which had already been published in the Gazette by the Commissioner of Lands, the fee shall be in accordance with the amount indicated in Table A, with an additional hundred per cent (100%) of the applicable amount. 7.
(1)The value for the revocation of a condition in relation to sites with a footprint in excess of the one thousand and five hundred metres squared (1,500m2) shall be established by a Perit appointed by the Authority, which estimate shall be carried out in accordance with article 79 of the Act: Provided that the valuation shall reflect the freehold value of the land on the date of the application, with all its potential development according to the planning plans and policies in force, and in any case no regard shall be had to any building, development or other improvement already developed or made thereon by the owner or the emphyteuta: Provided further that all valuation related costs shall be calculated in accordance with article 79
(5)of the Act and shall be borne by the applicant.
(2)The amount payable by the applicant for the removal of a condition of minor importance as determined by the Authority shall be equivalent to two point five percent (2.5%) of the value determined in accordance with sub-regulation
(1)provided that it may never be less than twelve thousand and five hundred euro (€12,500).
(3)The amount payable by the applicant for the removal of a condition of medium level of importance as determined by the Authority shall be equivalent to five percent (5%) of the value determined in accordance with sub-regulation
(1), provided that it may never be less than twenty five thousand euro (€25,000).
(4)The amount payable by the applicant for the removal of a condition of a major level of importance as determined by the Authority shall be equivalent to ten percent (10%) of the value determined in sub-regulation
(1), provided that it may never be less AMENDMENT OR REVOCATION OF A CONDITION IMPOSED IN A CONTRACT OF A PROPERTY TRANSFERRED BY THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY MEANS OF A SALE OR EMPHYTEUSIS [ S.L. 573.17 5 than fifty thousand euro (€50,000).
- If it results that during the verification of the application, the relevant condition is already being breached, the applicant shall be liable to an administrative penalty that shall be equivalent to twentyfive percent (25%) of the value determined in regulations 6 and 7 as the case may be. Administrative penalty.
- The provisions of regulation 5 shall be applied if an application for the removal of a condition is submitted by an owner and, or a recognised emphyteuta of a unit forming part of an existing multi-storey development that was built over a site that is encumbered by a specific contractual condition: Multi-ownership site. Provided that the Authority shall claim payment from the applicant in an amount equivalent to the total payable sum as divided by the number of units built thereon on the date of the application.
- Any modification to, or removal of, a condition, in the original contract shall be made by a public contract. Public contract for amendment or revocation of a condition.
- There may be no change in the applicant, after an application has been submitted in accordance with these regulations, unless it results from a declaration causa mortis that the rights over that property, in respect of which an application is submitted, have been transferred to the person requesting such amendment. In the case of death of the applicant. 12.
(1)Any application submitted to the Authority in accordance with these regulations shall be considered valid only after all the necessary requirements stipulated in the application form have been satisfied. Documents required with the application.
(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 in accordance with these regulations where it results that there is a legal challenge in respect of the land to which the application relates.
- Before the processing of any application may commence in accordance with these regulations, the applicant shall pay all the arrears due by him in accordance with regulation
- Payment of arrears.
- Any applicant who submits an application in accordance with these regulations shall submit the information requested together with his sworn declaration declaring that the entire content of the Sworn declaration. 6 [ S.L. 573.17 AMENDMENT OR REVOCATION OF A CONDITION IMPOSED IN A CONTRACT OF A PROPERTY TRANSFERRED BY THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY MEANS OF A SALE OR EMPHYTEUSIS application is true and that he has not omitted any other relevant information or facts whereby, if known to the Authority, the application would have been refused and rejected: Provided that the applicant may not justify such an omission on the basis of the fact that the Authority was already aware of this information or of these facts. Payment due to the Authority.
- The payment of five hundred euros (€500) shall accompany every application submitted under these regulations. Expenses.
- The Authority shall ensure that all expenses incidental to the request are collected from the applicant and that no contract in respect of which the application has been submitted may be published unless all these expenses have been collected. Reservations. 17.
(1)The Authority shall reserve the right to refuse and reject any application made in accordance with these regulations in its absolute sole discretion: Provided that the rejection and, or refusal shall be made in writing and shall contain the detailed reasons for its decision.
(2)The Authority shall reserve the right to terminate the processing of an application made by virtue of these regulations at any stage or to refuse to accept any application made by virtue of these regulations if, in its opinion, such property is located in a place of national interest: Provided that the applicant shall only be entitled to any reimbursements in relation to expenses incurred in accordance with these regulations: Provided further that no action shall be taken against the Authority for any claim of damage and, or award for compensation.
(3)These regulations shall not apply in the case that such property has been transferred to the Housing Authority. Action before the courts.
- The Authority shall have the right to file a case before the Civil Court, First Hall, if it considers that there has been a breach of any provision of these regulations, even after the relative contract has been published, against any person involved and request the court for the reinstatement of any amendment or any revocation of a condition imposed in the original emphyteusis contract and which was amended or revoked by virtue of these regulations, even if the property has been transferred to a third party: AMENDMENT OR REVOCATION OF A CONDITION IMPOSED IN A CONTRACT OF A PROPERTY TRANSFERRED BY THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY MEANS OF A SALE OR EMPHYTEUSIS [ S.L. 573.17 7 Provided that no person against whom the Authority files a case may have the right to claim or be awarded damages of any kind or nature, or compensation of any kind, for all the improvements they have obtained or could have obtained over such building.
- The Authority shall ensure that all expenses incurred in relation to, or incidental to an application submitted in accordance with these regulations are borne by the applicant, and no transfer shall be made before the Authority is satisfied that all the expenses were collected in their entirety. Expenses.
- An applicant shall have a right of appeal from a decision of the Authority taken pursuant to these regulations in accordance with article 57 of the Lands Authority Act. Appeal. Cap.
- The Modification to, or Removal of, a Condition or Conditions imposed in a Contract of a Property Transferred by the Government, the Lands Authority or Ecclesiastical Entities through a Sale or Emphyteusis Regulations are hereby repealed without prejudice to anything done or omitted to be done thereunder. Repeal and saving. S.L. 573.
- Any request for the amendment or revocation of any condition imposed in an original contract of a property owned by the Government or an ecclesiastical entity which is pending before the Authority prior to the entry into force of these regulations, shall be examined and decided by the Authority in accordance with these regulations. Transitory provisions. Substituted by: L.N. 75 of
- SCHEDULE Schedule of payments and administrative penalties (regulations 6 and 8) Table A Site Area (Footprint) 1m² 300m² 301m² 600m² 601m² 900m² 901m² 1200m² 1201m² 1500m² Amendment or revocation of a minor condition €2,500 €5,000 €7,500 €10,000 €12,500 Amendment or revocation of a medium condition €5,000 €10,000 €15,000 €20,000 €25,000 Amendment or revocation of a major condition €10,000 €20,000 €30,000 €40,000 €50,000 Notes: AMENDMENT OR REVOCATION OF A CONDITION IMPOSED IN A CONTRACT OF A PROPERTY TRANSFERRED BY THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY MEANS OF A SALE OR EMPHYTEUSIS 8 [ S.L. 573.17
- In case of breach of a condition in a contract, an administrative penalty equivalent to 25% of the amount indicated, as the case may be, shall be imposed, in accordance with the provisions of regulation
- If the condition in a contract resulting from a tender or, an auction for an emphyteutical grant which had already been published in the Gazette by the Commissioner of Lands, the fee shall be in accordance with the amount indicated in Table A, with an additional hundred per cent (100%) of the applicable amount in accordance with the provisions of regulation
- In case of breach of a condition in a contract resulting from a tender or, an auction for an emphyteutical grant which had already been published in the Gazette by the Commissioner of Lands, an administrative penalty equivalent to 25% of the amount indicated in note number 2, shall be imposed in accordance with the provisions of regulation 8.