Chapter 125

[CAP. 125. HOUSIN G 1 CHAPTER 125 HOUSING ACT To make provision for securing living accommodation to the homeless, for ensuring a fair distribution of living accommodation and for the requisitioning of buildings. 12th February, 1949 ACT II of 1949 as amended by Government Notice 239 of 1950; Acts III of 1952 and XII of 1957; Emergency Ordinances V and XV of 1958; Ordinance XXV of 1962; Legal Notices 4 of 1963 and 46 of 1965; Acts XXXI of 1966, IV of 1973 and LVIII of 1974; Legal Notice 148 of 1975; Acts XIII of 1983, XXXVII of 1989, VIII of 1990, XIV and XXIII of 1992, III of 1995 and XXIV of 2021; and Legal Notice 409 of 2007. 1. The short title of this Act is the Housing Act. Short title. 2. In this Act, unless the context otherwise requires - Interpretation. Amended by: III.1952.2; V.1958.2; L.N. 4 of 1963; XXXI.1966; XXXVII.1989.2. Cap. 69. "building" means a house or other building, or part thereof, used or capable of use for residential purposes, and includes any land or garden forming an integral part, or enclosed within the precincts, of such a house or other building; but does not include a tenement falling within the definition of shop under article 2 of the Reletting of Urban Property (Regulation) Ordinance; "Director of Social Housing" or "Director" means the public officer appointed by the Prime Minister to be the Director of Social Housing for the purposes of this Act; "Minister" means the Minister responsible for housing: Provided that the Minister may, by writing under his hand, delegate all or any of his powers and duties under this Act to an officer of his Ministry, and, to the extent of such delegation, if made, any reference to the Minister in this Act shall include a reference to such officer; "requisition" means take possession of a building or require the building to be placed at the disposal of the requisitioning authority; "requisitionee" means the person or persons from whose possession a building has been requisitioned by the requisitioning authority. 3. (1) If it appears to the Director of Social Housing to be necessary or expedient so to do in the public interest, but only for the purpose of providing living accommodation to persons or of ensuring a fair distribution of such living accommodation, he may requisition any building, and may give such directions as appear to him to be necessary or expedient in order that the requisition may be put into effect and complied with. (2) A requisition order made under subarticle (1) shall be served on the person entitled to the immediate occupation of the building requisitioned, or his agent or representative, and where the building, is held by the occupant on lease, or on a temporary Power to requisition, effects and enforcement. Amended by: III. 1952.7; V. 1958.3. Substituted by: XXXVII.1989.4. 2 CAP. 125.] HOUSING emphyteusis expiring not later than five years from the date of the order, it shall also be served on the landlord or the direct owner, as the case may be, or their agent or representative: Provided that where a title to any building as aforesaid, or to its occupancy, belongs to more than one person, service of the requisition order on any one of such persons shall, in respect of the title held in common with others, have effect as if it had been served also on all such other persons. (3) Where, after the exercise of due diligence, any person on whom a requisition order is to be served, or his agent or representative, cannot be found, or if found refuses to accept the order, the requisition order shall be deemed to have been validly served on such person, and on such other persons as would have been deemed to be served with the order had it been served on such persons, if notice of the order is given in the Government Gazette and in not less than three daily newspapers published in Malta. (4) A requisition order made and served in accordance with the provisions of this article shall operate and have full effect against all persons and shall remain so operative and effective until the building is derequisitioned. (5) Any police officer not below the rank of sergeant may, on instructions from the Director, take such steps and use such force as appear to him to be reasonably necessary for securing compliance with directions given to any person under the provisions of this article or of article 9 requiring him to give up possession of the building: Provided that the Director shall not give such instructions as aforesaid except in cases connected with reconstruction or with replanning, or with mass evacuation, or in the case of unauthorized occupation, or in other cases which the Director deems urgent, and except so far as they are reasonably justifiable in a democratic society. (6) Where a building requisitioned under this article is vacated and belongs in absolute ownership or on emphyteusis to a person who proves to the satisfaction of the Director that he intends to take possession of the building to establish therein his ordinary residence or that of any of his children, the Director shall allocate the building to such person, or any of his children aforesaid, as the case may require; and if such ordinary residence is in fact so established within six months from the date of the allocation, or such later date as the Director may for a good reason allow, and continues for a period of not less than two years, the Director shall, if he is so requested, derequisition the building. (7) Where a requisition order has been made, and the requisitionee shows to the satisfaction of the Director that he is unable to procure transport for the removal of, or alternative storage place for, the furniture or other articles existing in the building requisitioned, it shall be the duty of the Director to provide such means of transport and alternative storage place as may be required, without prejudice to the provisions contained in subarticle (9). HOUSIN G [CAP. 125. 3 (8) Where any requisition order is not complied with, or where, after the exercise of due diligence, no person having the right of immediate occupation of the building requisitioned, or his agent or representative, can be found, the Director may give such orders as he may think fit for the removal and storage of the furniture or articles existing in the building: Provided that before such removal an inventory of the furniture or articles aforesaid shall be made and signed by the Director or his representative in the presence of a Police officer not below the rank of sergeant, who shall also affix his signature to the inventory. (9) In every case where the transport or storage place of furniture or articles is provided by the Director under this article, such furniture or articles shall, during transport and storage, remain at the sole risk of the owner thereof and, in respect of storage, likewise at his charge; and no compensation shall be payable in respect of any deficiency therein or damage thereto if it is proved that such deficiency or damage was not caused by negligence on the part of the Director or persons acting on his instructions. (10) While a building is in the possession of the Director by virtue of this Act, the building may be used only for the purposes set out in subarticle (1), but, save as aforesaid, the Director, so far as it appears to him to be necessary or expedient in connection with the taking of possession or use of the building in pursuance of this Act, may do, or authorise persons using the building to do, in relation to the building, anything which any person having an unrestricted interest in the building would be entitled to do by virtue of that interest. 4. (1) Any person, if requested by or on behalf of the Director so to do, shall furnish to the Director, or to such other person as may be specified in the request, such information in his possession relating to any building, being information which may reasonably be demanded of him in connection with, or which the Director deems necessary for, the taking of possession of any building or with the accommodation of persons therein, as may be specified. (2) The Director or any other person deputed in writing by the Director for the purpose may require any information required under the last preceding sub-article to be given in writing and the statement to be signed by the person giving the information. In the case of an illiterate person, the Director or, as the case may be, any other person aforesaid may require the statement by the person giving the information to be marked by that person in the presence of two witnesses who shall sign the statement. (3) Whosoever knowingly gives any information under the foregoing provisions of this article which is false or incorrect in any material particular shall be guilty of an offence under this Act and shall be liable, on conviction, to a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment for a period of not less than fifteen days and not exceeding three months, or to Director’s power to require information. Amended by: III. 1952.4, 7; V. 1958.3; XXXVII. 1989.3, 5; L.N. 409 of 2007. 4 CAP. 125.] HOUSING both such fine and imprisonment. Maintenance, repairs, improvements and fixtures in requisitioned premises. Amended by: III.1957.7; V.1958.3; XXXVII. 1989.3. Cap. 16. 5. (1) Subject to the provisions of the next following subarticle, the Director shall have the same rights and obligations in respect of repairs and maintenance of a requisitioned building as a tenant under the relevant provisions of the Civil Code. Applicability under this Act of requisition orders made previously to its enactment. Amended by: III.1952.7; XII. 1957.17; V. 1958.3. 6. The possession of any building which has been taken by the Minister or by another competent authority under or in virtue of the Malta Defence Regulations, 1939 *, or under or in virtue of the Protection Office Regulations, 1942, published by Government Notice No. 435 dated the 20th August, 1942 † , shall, where the building on the date of enactment of this Act is still in the possession of the Minister, be deemed to have been taken under the provisions of this Act. Transfer of requisitioned buildings to Director. Added by: V.1958.5. Amended by: XXXVII.1989.3. 7. Any building which was in the possession or at the disposal of or held by the Minister by virtue of a requisition made in accordance with the provisions of this Act, and in respect of which a tenancy or subtenancy was not created by virtue of article 8, shall be deemed to have been requisitioned by the Director and to be in his possession or at his disposal or held by him, as the case may be. Recognition by landlord or by person holding title under him of persons accommodated by Director in requisitioned premises. Amended by: III.1952.7; V.1958.3,6; L.N. 148 of 1975; XXXVII.1989.3. 8. (1) Where any persons have been accommodated in a building which is held by virtue of a requisition, the Director may at any time, by means of a judicial letter, require the requisitionee to recognize the persons so accommodated as tenants or as subtenants of the building, as the case may be. (2) When a building which has been in the possession of the Director under the provisions of this Act is vacated, the Director (unless the requisitionee prefers to retain same paying compensation as laid down in article 1564 of the Civil Code), may remove all fixtures or other improvements of whatsoever nature made therein during the requisition period, making compensation to the requisitionee for the damage which may have been caused by the placing or by the removal of those fixtures or other improvements. (2) Within thirty days of service on him of a judicial letter under the last preceding sub-article, the requisitionee, by application before the First Hall of the Civil Court in contestation of the Director, may pray for an authorization of non-compliance with that request: Provided that, in the case where the building has been requisitioned from the tenant, the latter, by a judicial letter to be filed within fifteen days from service on him of the judicial letter provided for in the last preceding sub-article, may inform the Director that he does not wish to retain the tenancy, and thereupon the Director shall be entitled to take action under the last preceding sub-article against the landlord. *No longer in force. †Repealed by Government Notice No. 323 of 25th May, 1949. HOUSIN G [CAP. 125. 5 (3) The court shall not grant the authorisation of noncompliance mentioned in the last preceding sub-article unless the applicant shows to the satisfaction of the court that serious hardship would be caused to him by complying with that request: Provided that the assertion that the requisitionee wishes to take possession of the building for his own use or for the use of any member of his family shall not be considered of itself as a hardship for the purposes of this subarticle. (4) Any subtenancy created by virtue of this article shall not be deemed to be a subtenancy for the purposes of article 9 of the Reletting of Urban Property (Regulation) Ordinance. (5) No right of preference under the Civil Code or under the Rent Restriction (Dwelling Houses) Ordinance, shall be competent in respect of any tenancy or subtenancy created by virtue of this article. (6) Where a tenancy or a subtenancy is created by virtue of this article, then, unless an agreement to the contrary is lawfully reached, a contract of lease or sublease of the building under the usual conditions laid down by the Rent Regulation Board established under the Reletting of Urban Property (Regulation) Ordinance and for a period of three months, to be reckoned from the date of definite recognition, shall be deemed to have been entered into between the requisitionee of the building and the person accommodated therein, and rent, equal to the periodical amount paid or payable by the Director as compensation for the occupation of the building, shall be payable quarterly in advance in respect thereof. Cap. 69. Cap. 16. Cap. 116. Cap. 69. 9. Where a person has been accommodated in a building requisitioned under this Act, the Director may, even though such person pays compensation in respect of such accommodation, order him to quit such building and to surrender the same to the Director within such time as the Director may determine, if he is of opinion that such person is not making use of the building for residential purposes, or is the owner of or has or who is otherwise provided with another building which he can use as his and his family’s residence, or if it is reasonably required so to act in the interests of defence, public safety, public order or public health. Power of Director to order occupant of requisitioned building to quit the same. Amended by: III. 1952.7; V. 1958.3. Substituted by: XXXVII. 1989.6. 10. The Director or any other person deputed in writing by the Director for the purpose may enter any building at all reasonable times with a view to obtaining information to enable him to carry out any of his powers under this Act. Power of entry a Director. Amended by: III.1952.5,7; V. 1958.3; XXXVII.1989.3. 11. (1) Subject as hereinafter provided, the compensation payable in respect of the requisition of a building, except for buildings used for a residential purpose, shall be the aggregate of the following sums, that is to say- Compensation payable in respect of requisitioned building. Amended by III.1952.7; V.1958.3,7; XXXVII.1989.3; XXIV.2021.42. (a) a sum equal to the rent which might reasonably be expected to be payable by a tenant in occupation of the building during the period for which possession of the building is retained by virtue of the provisions of this 6 CAP. 125.] HOUSING Act, under a letting granted immediately before the beginning of that period: Cap. 116. Provided that where the building is used by the Director or by a person accommodated therein after a requisition, as a dwelling house within the meaning of the Rent Restriction (Dwelling Houses) Ordinance the rent shall not exceed the fair rent as defined in article 2 of the aforesaid Ordinance; (b) a sum equal to the cost of making good any damage to the building which may have occurred during the period in which possession thereof under requisition was retained (except in so far as the damage has been made good during that period by the occupant of the requisitioned premises or by a person acting on behalf of the Director), no account being taken of damage which, under the provisions of this Act, is the responsibility of the requisitionee; (c) a sum equal to the amount of expenses reasonably incurred, otherwise than on behalf of the Director, for the purpose of compliance with any directions given by or on behalf of the Director in connection with the taking possession of the building, but without prejudice to the provisions of article 3(5). (2) Any compensation under subarticle (1)(a) shall be deemed to accrue due from day to day during the period in which possession of the building is held in the exercise of the powers vested in the Director by this Act, shall be apportionable in respect of time accordingly; and shall be paid to the person who for the time being would be entitled to occupy the building but for the fact that it is requisitioned; but the provisions of this subarticle shall not operate so as to require the making of payments by the Director at intervals of less than three months. (3) Any compensation under subarticle (1)(b) shall accrue due at the end of the period in which possession of the building is retained in the exercise of the powers vested in the Director by this Act, and shall be paid to the person who is then the beneficial owner of the building. (4) Any compensation under subarticle (1)(c) shall accrue due at the time when expenses in respect of which compensation is payable are incurred, and shall be paid to the person by whom or on whose behalf those expenses were incurred. (5) The compensation that shall be payable in respect of the requisition of a building used for a residential purpose shall, upon the demand by the person holding a title over the building, be reviewed to an amount not exceeding two percent (2%) per annum of the free and open market value of the dwelling-house on 1 January of the year in which the application is filed. HOUSIN G [CAP. 125. 12. (1) Compensation under articles 11(1)(a) and 11(5) shall, in all cases, be assessed by the Rent Regulation Board established under the Reletting of Urban Property (Regulation) Ordinance which for that purpose shall have exclusive jurisdiction subject to appeal in cases allowed by that Ordinance: Provided that, without prejudice to the application of the Controlled Residential Leases Reform Act, 2021,in respect of dwelling houses within the meaning of the Rent Restriction (Dwelling Houses) Ordinance, possession of which has been taken by the requisitioning authority before the 22nd February, 1946 and, at the time of the hereunder mentioned application, is still retained by that authority, the requisitioning authority or the requisitionee may at any time apply to the said Board for the assessment of the fair rent as defined in article 2 of the last mentioned Ordinance, and such fair rent shall be the compensation payable under article 11(1)(a) in respect of that possession as from the date of service of the application on the requisitionee or his representative or, as the case may be, on the requisitioning authority. 7 Assessment of compensation. Amended by: L.N. 148 of 1975; XXIV.2021.43. Cap. 69. Cap. 116. Act No. XXIV of 2021 (2) Compensation under article 11(1)(b) and (c) shall, in case of disagreement, be assessed by the First Hall of the Civil Court. 13. Any compensation which, prior to the coming into operation of this Act, has been lawfully assessed shall be deemed to have been so assessed under and for the purposes of this Act, without prejudice however to the provisions contained in articles 12(1) and (5). Compensation assessed previously to enactment of this Act. Amended by: XXIV.2021.44. 14. The Minister may make and when made amend, repeal or repeal and re-enact regulations for the purpose of carrying the provisions of this Act into effect and in particular, but without prejudice to the generality of that power, for all or any of the following purposes: Power to make regulations. Amended by: L.N. 4 of 1963; XXXVII. 1989.7. (a) for requiring any returns to be made in respect of buildings, or any class thereof, their occupation and use; (b) for maintaining an equitable distribution of housing accommodation; (c) for determining within the upper limits set out in article 17 special penalties applicable in respect of any breach of any regulation so made; (d) for fixing storage fees and for providing for the retrieval or disposition of furniture or articles, including the sale thereof, removed from a building requisitioned under this Act. 15. Nothing in this Act contained shall confer any right upon any person to demand the exercise in his favour or in favour of any other person of any requisitioning or other power vested in the Minister. Restriction of powers given under this Act. Amended by: III. 1952.7. 8 CAP. 125.] HOUSING Service of notices under this Act or under regulations thereunder. Amended by: XXXVII. 1989.8. 16. Without prejudice to any special provision contained in this Act, a requisition order or a notice to be served on any person for the purposes of this Act or of any regulations made thereunder may be served by sending it by registered letter post addressed to that person at his last or usual place of abode or place of business, and shall be presumed, saving any proof to the contrary, to have reached the addressee in the normal course of the postal service. Penal provisions. Amended by: III. 1952.6, 7; V. 1958.3; L.N. 46 of 1965; IV. 1973.2; LVIII. 1974.68; XIII. 1983.5; XXXVII. 1989.3, 9; L.N. 409 of 2007. 17. (1) Any person who, without lawful excuse, the proof whereof shall lie on him, commits any breach of any order or regulation given or made under this Act, whether by doing anything which he ought not to do or by omitting anything which he ought to do, or by preventing other persons from doing anything which they are enjoined or permitted to do or by undoing or frustrating anything which other persons may have done under the provisions of this Act or of any order or regulation thereunder, or by hindering or obstructing the Director or any other person acting on his behalf under his authority, shall be guilty of an offence under this Act and shall, on conviction, be liable to a fine (multa) of not less than two hundred and thirty-two euro and ninety-four cents (232.94) but not exceeding one thousand and one hundred and sixty-four euro and sixty-nine cents (1,164.69) or to imprisonment for a period of from fifteen days to three months or to both such fine and such imprisonment: Provided that any person who commits an offence against the provisions contained in article 4(1) and (2), shall on conviction be liable to a fine (multa) of not less than eleven euro and sixty-five cents (11.65) than two hundred and thirty-two euro and ninety-four cents (232.94) or to imprisonment for a period of fifteen days to three months or to both such fine and imprisonment. Cap. 446. (2) In the case of any such breach, the court, besides awarding punishment or applying the provisions of articles 7 and 22 of the Probation Act shall order the offender, where the occasion so requires, to comply with the law within a time, sufficient for the purpose, to be fixed by the court; and, if the offender fails to comply with any such order within the time so fixed, he shall be liable to a fine (ammenda) of from one euro and sixteen cents (1.16) to twenty-three euro and twenty-nine cents (23.29) for every day the default continues after the expiration of the said time. (3) The court may also order that physical compliance with the requirements of law be carried out by the Police at the expense of the offender, in which case the offender may be made to refund the expense, under the warrant issued by the court. (4) The powers given to the court under subarticles (2) and (3) shall be deemed to be without prejudice to the powers of the Director under article 3 or to any other power given or which may be given to him or to any other person by any regulation. HOUSIN G [CAP. 125. 18. (1) Any offence under this Act or under any order or regulation made thereunder shall, for the purpose of the Criminal Code, fall into the class of contraventions, even where the punishment provided in respect of that offence is higher than those laid down in the said Code in respect of contraventions: Provided that criminal action arising out of any provision of this Act shall be barred by the lapse of one year unless a longer period is necessary under any other law in respect of any specific offence. 9 Competence in respect of offences under this Act. Amended by: L.N.46 of 1965; LVIII.1974.68; VIII. 1990.3. Cap. 9. (2) Every punishment provided for any offence under this Act shall be deemed to be so provided without prejudice to any higher punishment applicable to the offence under any other law whenever the circumstances set out in such other law concur in the offence. In any such case the punishment laid down in that other law shall apply. (3) Any proceedings for any offence under this Act shall be instituted by the Police in the Court of Magistrates, sitting in a Court of Criminal Judicature. (4) Notwithstanding the provisions of article 413 of the Criminal Code, every decision of the Court of Magistrates in respect of an offence under this Act may, in all cases, be appealed against by the Attorney General and by the party convicted. 19. (1) When the alleged offender is, on account of mental disease or physical disability, unable to appear in court, or is absent from Malta or has absconded, and the Director certifies on oath that it is urgently required that the law be enforced, the court shall order the summons to be served on any known lawful representative of the alleged offender or on any known person having the custody in fact of the alleged offender or, if the alleged offender has not a known lawful representative or is not under the custody in fact of any known person, on his husband or wife or on a near relation by consanguinity or affinity or on any person, if any, entrusted with the management of his property. Cap. 9. Offences by incapacitated persons or absentees. Amended by: III. 1952.7; V.1958.3; XXXVII. 1989.3. (2) In any such case the court shall apply the provisions of this Act; provided that where there is room for the application of any punishment under article 17(1) and (2) against such offender, the court shall, for the purpose of determining whether or not the punishment is to be applied, adjourn the case until he is fit to stand trial or until his return. 20. (1) All trials in respect of offences under this Act shall be deemed to be urgent and not to admit of any delay for the purposes of articles 361 and 364 of the Criminal Code. (2) In respect of an appeal from a decision concerning an offence under this Act, the application referred to in article 417 of the Criminal Code shall be filed within two working days and, in the case of an appeal from a decision of the Court of Magistrates (Gozo), within five working days. Such periods shall run as provided in that article. Procedure and appeals. Amended by: VIII. 1990.3. Cap. 9. Cap. 9. 10 CAP. 125.] HOUSING Right of appeal. Added by: XXIII. 1992.2. 20A. Notwithstanding anything contained in this or any other law, a right to appeal to the Court of Appeal whether on a point of law or of fact shall lie from the decision of any Board, tribunal or court, whereby the amount of any compensation due under this Act has been assessed, and such appeal shall be entered in the same manner and within the same term as an appeal on a point of law to the same court is to be entered from a decision of such Board, tribunal or court. Limitation of rights of Director. Amended by: XV. 1958.2; XXV. 1962.2: L.N. 46 of 1965; IV.1973.3; XIV. 1992.2. Substituted by: III.1995.2. 21. With effect from the 1st March, 1995, the Director of Social Housing may not requisition any premises under article 3: Provided that the provisions of this Act and of article 10 of the Housing (Amendment) Act, 1989 shall continue to apply to any building in the possession of the Director of Social Housing on the 28th February, 1995.