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 [ S.L. 573.09 SUBSIDIARY LEGISLATION 573.09 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* 15th September, 2020 LEGAL NOTICE 370 of 2020, as amended by Legal Notice 473 of
- The title of these regulations is 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. Citation.
- requires: Interpretation. In these regulations, unless the context otherwise "Authority" means the 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; Cap.
- "Board of Governors" means the Board of Governors of the Lands Authority established by article 10 of the Lands Authority Act; Cap.
- "garage" means a building in which only a vehicle or vehicles are placed. This definition does not include a building/ garage used as a warehouse or used for any commercial purpose.
- Any person who has a title of purchase by virtue of a public deed, or emphyteusis on property that would have been passed to the applicant by the Government or the Authority, or by an Ecclesiastical Entity (that subsequently passed the title to the Government) may, save as provided in the other provisions of these regulations, ask the Authority to modify or remove a condition, or conditions, imposed in the original contract: Provided that these regulations apply only in the case where the condition imposed or conditions imposed in the original contract limited the amount of residences and, or garages that could be built: *These regulations have been repealed by Legal Notice 196 of
- Qualification. 1 2 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 [ S.L. 573.09 Provided further that these regulations apply only in the case where the applicant is requesting an increase in the amount of residences and, or garages that could have been built under the original contract. Eligibility.
- The applicant shall: (a) be a citizen of the European Union; (b) be recognised by the Authority as an owner or emphyteuta of the land or building, as the case may be; (c) in the case of an emphyteusis, prove that there were no arrears payments of ground rent due to the Authority on the property in respect of which the application is being submitted pursuant to these regulations. Value for the modification to, or removal of, a condition or conditions in the original contract. Amended by: L.N. 473 of 2020. Cap.
- 5.
(1)The value for the modification to, or removal of, a condition or conditions in the original contract of sale or emphyteusis shall be established by a perit or periti appointed by the Authority, which estimate shall be in adherence to the precepts of article 79 of the Government Lands Act: Provided that, in any case, in order for the value of the condition to be removed to be valued, the estimate made shall reflect the difference in value of the land subject to condition imposed in the original contract and the value of the land with all it’s development potential according to the planning laws applicable on the date when the estimate is made, as if no such condition exists.
(2)The value that shall be paid by the purchaser according to the estimate made by the perit of the Authority shall be: (
- a)in the case the applicant has developed or wants to develop an additional residence or residences to serve as an ordinary residence, or were transferred as ordinary residences, for his linear descendants or ascendants, he shall pay the Lands Authority twenty-five percent (25%) of the value indicated in the estimate made by the periti appointed by the same Authority: Provided that, in case the applicant shall transfer this property to third parties, he shall pay the Lands Authority the residual value as indicated in the original estimate made by the periti appointed by the same Authority; (
- b)in any other case, not mentioned above, 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 [ S.L. 573.09 3 applicant shall pay the Lands Authority the entire value indicated in the estimate made by the periti appointed by the same Authority. 6. Any modification to, or removal of, a condition or conditions, in the original contract shall be made by public contract. Any modification to, or removal of, a condition shall be made by public contract. 7. There may be no change in the applicant, after an application has been submitted pursuant to these regulations, unless a declaration causa mortis shows that the rights in that property, in respect of which an application is made, have passed to the person requesting such modification. Case of death of the applicant. 8. The following documents shall be submitted with each application made pursuant to these regulations: Documents required with the application made pursuant to these regulations. (
- a)a copy of the original contract; (
- b)in the case of a contract of emphyteusis, a copy of the last receipt of payment of ground rent; (
- c)in the case of a contract of emphyteusis wherein the applicant has not yet been recognised by the Authority as the emphyteuta of the building or site, a copy of all the contracts made since the last emphyteuta recognised by the Authority; (
- d)a detailed plan on a scale of one is to one-hundred (1:100), made only on the basis of the template provided by the Authority and which shall strictly follow the guidelines for the use of this template. This plan shall show the interior of the property at each level and the distance from the nearest street corner. In addition, a scanned plan, duly authenticated by a perit, shall be submitted; (
- e)a copy of the property or site plan issued by the Land Registry, duly authenticated by a perit; (
- f)a copy of the identity card of the applicant or applicants; and (
- g)photographs that shall include the date and time, showing the current state of the building or the site. 9. Before any application may start to be processed pursuant to these regulations, the applicant shall pay all the arrears due by him according to paragraph (
- c)of regulation 4. Payment of arrears. 4 [ S.L. 573.09 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 Sworn statement. 10. Any applicant who submits an application pursuant to these regulations shall submit the information requested together with his sworn statement declaring that the entire content of the 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. No applicant may justify such an omission on the basis of the fact that the Authority was already aware of this information or of these facts. Consent and approval of the Board of Governors. 11. Any contract made by virtue of these regulations shall be subject to the approval of the Board of Governors of the Authority and in accordance with such conditions imposed by the said Board. These conditions shall be published in the said contract. Payment due to the Land Authority. 12. A payment of five hundred euro (€500), or of any other sum the Authority, by notice published in the Gazette by not later than two
(2)months before the application is received pursuant to these regulations, may declare is due to it by any applicant under these regulations, shall be paid with every application made by virtue of these regulations. Expenses.
- The Authority shall ensure that all expenses incidental to this request are collected from the applicant and that no contract in respect of which the application has been made may occur unless all these expenses have been collected. Reservations. Amended by: L.N. 473 of
- 14.
(1)The Authority shall reserve the right to refuse and reject any application made pursuant to these regulations in its absolute sole discretion. That rejection 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. In this case, the applicant shall only be entitled to receive the expenses he would have paid to apply under these regulations. The Authority is exempt from any damage or claim for payment of any kind of compensation that the applicant may submit to it in this regard.
(3)These regulations shall not apply in case such property has been transferred to the Housing Authority. 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 [ S.L. 573.09 5
- The Authority shall have the right to bring an action before the Honourable 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 signed, against any person involved and request the court for the reinstatement of any modification to, or of any removal of a condition, or conditions, imposed in the original emphyteusis contract and which were removed or modified by virtue of these regulations, even if the property has been transferred to a third party. No person against whom the Authority brings an action may have the right to claim or be awarded damages of any kind or nature, or compensation of any kind, for all benefits they have obtained or could have obtained in that building. The Authority shall have the right to bring an action before the court if it considers a breach of any provision of these regulations. Amended by: L.N. 473 of
- Any request for the modification to, or removal of, any condition or conditions imposed on an original contract of a property owned by the Government, the Authority or an Ecclesiastical Entity, before the entry into force of these regulations, shall be examined and decided according to these regulations. Transitory provisions.