EXTENSION OF TEMPORARY EMPHYTEUSIS IN A CONTRACT FOR A COMMERCIAL PREMISES TRANSFERRED FROM THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY TITLE OF EMPHYTEUSIS [ S.L. 573.08 SUBSIDIARY LEGISLATION 573.08 EXTENSION OF TEMPORARY EMPHYTEUSIS IN A CONTRACT FOR A COMMERCIAL PREMISES TRANSFERRED FROM THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY TITLE OF EMPHYTEUSIS REGULATIONS 15th September, 2020 LEGAL NOTICE 369 of
- The title of these regulations is Extension of Temporary Emphyteusis in a Contract for a Commercial Premises Transferred from the Government, the Lands Authority or Ecclesiastical Entities by Title of Emphyteusis Regulations. Citation.
- requires: Interpretation. In these regulations, unless the context otherwise "Authority" means the Lands Authority established in accordance with article 5 of the Lands Authority Act or any person or any other entity that has been entrusted by contract or by law to administer Government land; "Board of Governors" means the Board of Governors of the Lands Authority established under article 10 of the Lands Authority Act; "commercial premises" means the same as the meaning assigned to it in the Civil Code; Cap.
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- "Minister" means the Minister or Parliamentary Secretary under whose portfolio the Lands Authority is included. 3.
(1)Any natural or legal person who hold a title of temporary emphyteusis on a property transferred to the applicant from the Government, the Authority or an Ecclesiastical entity (which subsequently passed on the title to the Government) for commercial purposes and that the term will expire after the 31st August 2025, may, subject to any other provisions in these regulations, request the Authority to rescind the contract and to grant a new contract holding a title of temporary emphyteusis, which term starts to run from the date of the new contract and this until the term of the concession is in force: Provided that the term of the new concession shall be equivalent to that in force: Qualification. 1 2 EXTENSION OF TEMPORARY EMPHYTEUSIS IN A CONTRACT FOR A COMMERCIAL PREMISES TRANSFERRED FROM THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY TITLE OF EMPHYTEUSIS [ S.L. 573.08 Provided further that where the term of the concession in force is greater than sixty-five
(65)years, the term of the new concession shall be equivalent to sixty-five
(65)years.
(2)The applicant shall prove that he needs the land for a commercial project thereby satisfying the Authority of the benefit of the project for the national economy and that it will generate adequate employment.
(3)The Authority shall request the applicant to provide it with a detailed business plan to substantiate his request, which business plan shall include the following: (
- a)a brief description of the project and the product and services that shall be offered; Eligibility. 4. (
- b)a summary of the objectives; (
- c)a solid description of the market; (
- d)a high level justification of the project’s viability; (
- e)a snapshot of its growth potential; (
- f)an overview of the funding requirements. The applicant shall: (
- a)be recognized by the Authority as the emphyteuta of the land or a building, as the case may be; (
- b)the concession in force shall not have as its subject the execution of works, the supply of goods or the supply of services, which before the concession, were in the hands of the State before it was granted to the applicant; (
- c)in case of emphyteusis, give proof that there are no arrears on ground rent payments due to the Authority on the property which is the subject of the application under these regulations. Valuation for change or deletion of a condition or conditions in the original contract. Cap. 573. 5.
(1)The value in the new contract shall be determined by an architect or architects appointed by the Authority which evaluation shall be in conformity with the provisions of article 79 of the Government Lands Act. In each case, the evaluation carried out shall also have regard to: (
- a)the value of the original concession; EXTENSION OF TEMPORARY EMPHYTEUSIS IN A CONTRACT FOR A COMMERCIAL PREMISES TRANSFERRED FROM THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY TITLE OF EMPHYTEUSIS (
- b)expire; [ S.L. 573.08 3 the period remaining for the original concession to (
- c)the potential for development that may take place on the site in question, according to the planning laws in force on the date of the evaluation; (
- d)the market value of a similar property; (
- e)market indicators which may influence the price; (
- f)the condition of the property.
(2)The applicant shall pay the Authority the entire value indicated in the evaluation undertaken by the architects appointed by the said Authority on the date of the contract once this has been accepted by the Authority. 6. The new contract shall be done by public deed. Any alteration or deletion of a condition shall be done by public deed. 7. Following the submission of the application in accordance with these regulations, there shall be no change in the applicant unless it results from a causa mortis declaration that the rights over that property which is the subject of the application, have passed to the person who is requesting such change. In case of death of applicant. 8. The following documents shall be filed in conjunction with every application filed pursuant to these regulations: Documents required together with the application pursuant to these regulations. (
- a)a copy of the original contract; (
- b)a copy of the last ground rent receipt of payment; (
- c)in the case of a contract of emphyteusis where the applicant has not been recognized by the Authority as the emphyteuta of the building or site, a copy of all the contracts concluded since the time when the last emphyteuta was recognized by the Authority; (
- d)a detailed plan on a scale of one for every onehundred (1:100), using only the template provided by the Authority and whose guidelines for the use of this template, shall be strictly adhered to. This plan shall indicate the interior of the property at every level and the distance from the nearest street corner. In addition, a scanned plan duly certified by an architect shall be submitted; 4 [ S.L. 573.08 EXTENSION OF TEMPORARY EMPHYTEUSIS IN A CONTRACT FOR A COMMERCIAL PREMISES TRANSFERRED FROM THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY TITLE OF EMPHYTEUSIS (
- e)a copy of the property or site plan issued by the Lands Registry, duly certified by an architect; (
- f)a copy of the applicant’s or applicants’ identity card; (
- g)photos, that shall show the date and time, indicating the actual state of the property or site. Payment of arrears. 9. The applicant shall pay all arrears due by him in accordance with paragraph (
- b)of regulation 4 before any application can start to be processed according to these regulations. Sworn declaration. 10. Every applicant submitting an application pursuant to these regulations shall submit all requested information together with his sworn declaration of the veracity of the entire contents of the application and that no information or other relevant facts have been omitted by him, which, had they been known to the Authority, would have resulted in the application being refused and denied. No applicant may justify such an omission on the basis that the Authority was already informed of this information or fact. Approval after a special resolution. Cap. 573. 11. Every contract done pursuant to these regulations shall be subject to the approval of the House after a special resolution of the House in accordance with article 31(
- c)of the Government Lands Act. Payments due to the Authority. 12. With each application made by virtue of these regulations, a payment in the amount of one-thousand euro (€1,000) or any other sum shall be made, which the Authority, by notice published in the Gazette not later than two
(2)months before the entry of an application in terms of these regulations, may declare that they are due to it by each applicant under these regulations. Expenses. 13. The Authority shall ensure that all expenses incidental to this request are collected from the applicant and that before these expenses are collected in full no contract pursuant to an application may be undertaken. Reservations. 14.
(1)The Authority shall have the right in its sole absolute discretion, to refuse and reject any application undertaken pursuant to these regulations. Such rejection or refusal shall be in writing and shall include the detailed reasons for its decision.
(2)The Authority shall have the right to terminate the application process undertaken pursuant to these regulations, at any stage or else to refuse to accept any application undertaken pursuant to these regulations if it is of the view that such property is situated in a place of national importance. In such case, the applicant is only EXTENSION OF TEMPORARY EMPHYTEUSIS IN A CONTRACT FOR A COMMERCIAL PREMISES TRANSFERRED FROM THE GOVERNMENT, THE LANDS AUTHORITY OR ECCLESIASTICAL ENTITIES BY TITLE OF EMPHYTEUSIS [ S.L. 573.08 entitled to receive the expenses he incurred in processing his application according to these regulations. The Authority shall be exempt from any damages or request for payment of any type of compensation that the applicant may claim in this regard.
- The Authority shall have the right to file a case in the First Hall of the Civil Court against any person involved, where it considers that there has been a breach of any of the provisions of these regulations, even after the relative contract has been signed, and request the court to provide an appropriate remedy. No person against whom the Authority proceeds has the right to request or be granted any kind of damages whatsoever or any kind of compensation for any improvements which he has made or could have made to such building. Breach.
- Any request for extension of a temporary rent in a contract on commercial premises transferred from Government, the Authority or Ecclesiastical entities by means of emphytheusis, before the entry into force of these regulations shall be examined and decided in accordance with these regulations. Transitory provisions. 5