March, 13, 2018

Further to the statement issued on March 6th 2018 by il-Kamra tal-Periti, titled ‘Property Owners with CTB Concession at risk’, the Planning Authority would like to clarify that, under the previous legislation, Article 91 (1) of Chapter 504, any person who had committed an illegality and was served with an enforcement notice in respect of a development which was covered by a CTB concession, had the right to claim that direct action would not be executed on that property. Moreover, property owners having an illegal development covered by a CTB concession were also entitled to obtain water and electricity supply.

Nevertheless, the law made it very clear that, in the process, the relative enforcement notice was not considered to have been regularized. In other words, the CTB Concession was not tantamount to a sanctioning permit and the illegal development was not regularized despite covered by a CTB Concession.

Later, it transpired that holders of CTB concessions could have been misled, thinking that their illegal development was regularized once being in possession of a CTB concession, when in reality, Chapter 504 made it clear that a development covered by a CTB concession was not deemed to have been regularized.

To counteract the above legal uncertainty, Legal Notice 285 of 2016 (Regularisation of Existing Development Regulations, 2016) was subsequently promulgated, giving the possibility to holders of CTB concessions to regularize the unauthorized interventions covered by such concessions.

The Planning Authority has received 5897 applications for the Regularisation of Development Inside Development Zone from August 2016 until recently. These applications have generated €13,901,159.06 of funds which are distributed as follows: 70% for the Irrestawra Darek scheme, 20% for the Development Planning Fund and 10% for the authority’s administrative expenses in relation to these schemes.