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Maltese Laws |
DISPOSAL OF GOVERNMENT LAND ACT
To regulate the grant on any title of immovable property belonging to or administered by the Government, and to provide for matters ancillary thereto or connected therewith.
11th July, 1977
ACT XXXIII of 1976, as amended by Acts II of 1979, XIII of 1983, XIV of
1999, XVII of 2004; Resolution No. 178 of the 11th April, 2005; Legal Notice 423 of 2007; Resolution No. 318 of the 19th November, 2007; Act III of 2011; and Resolution No. 284 of the 14th December, 2011.
Land Act.
"disposal" means the transfer or grant of any land under any title whatsoever, including, but without prejudice to the generality
of the aforesaid -
(a) any lease or encroachment or other right of use as well as any grant of any real or personal right in or over any land;
(b) a renewal of any real or personal right in or over any land, whether tacit or expressed on new terms and conditions (provided
that an increase in rent, ground rent or compensation for use shall not be deemed to be a new condition), but including a renewal
of any real or personal right in or over any land originally made in pursuance of a special resolution of the House of Representatives,
even when made on the same terms and conditions;
(c) any change of any condition included in the disposal of any land other than land disposed of by the Housing Authority or by the
Government for housing purposes, as long as the land remains subject to the condition that it be used for housing purposes, or land
disposed of by a local council established under the Local Councils Act:
Provided that the transfer of any land acquired under any title under the provisions of the Land Acquisition (Public Purposes) Ordinance, w h ere such lan d is n o lo ng er r e qui red fo r a pu bl ic purpose, to the person from whom such land was so acquired, or to
hi s suc cessor s i n ti tl e, sh all n o t co nst itu te a di sposa l fo r th e p u rp os es of t h is A c t wh er e the t r an
s f er ba c k is mad e for the consideration (including damages) paid by the Government on the acquisition together with interests
at five per centum per annum from the date of the payment up to the date of the transfer back to such persons where such land was acquired by the Government under
absol u te o w nersh i p, and where the land is hel d by Government on public tenure or possession and use, the transfer
Short title.
Interpretation. Amended by: II. 1979.2; XIV. 1999.2.
Cap. 363.
Cap. 88.
Cap. 16. Government land
to be disposed of in
terms of this Act.
Amended by:
II. 1979.3.
Substituted by:
XIV. 1999.3.
Amended by:
XVII. 2004.2;
III. 2011.7.
Cap. 363.
Cap. 88.
back is made subject only to the cessation of the annual payment of the relative recognition rent or acquisition rent as the case
may be;
"land" includes any property which is immovable either by its nature or by reason of the object to which it refers, as provided
in articles 308, 309 and 310 of the Civil Code.
(a) after a call for tenders published in the Gazette in respect of the property proposed to be disposed of; or
(b) after an announcement of an auction as published in the Gazette in respect of the property to be disposed of:
Provided that no land may be so disposed of unless it forms part of a Building Development Zone according to any law for the time
being in force:
Provided further that the Minister responsible for land may by regulations establish the manner and procedure for the holding of any
such auction;
(c) according to the policy applicable to the land being transferred, as shown in the Schedule, which Schedule can only be changed
by virtue of a Resolution of the House of Representatives;
(d) in accordance with a special resolution of the House of Representatives which is in force at the time of the disposal; or
(e) to a body corporate established by law for the purposes of any function of such body:
Provided that any land disposed of to a body corporate, other than the Housing Authority or a local council established under
the Local Councils Act, under this paragraph (including a disposal made to it by another body corporate as authorised by this proviso) shall not
without the approval of the House of Representatives expressed in a resolution, or in accordance with this sub-article,
be disposed of by any body corporate, other than the Housing Authority or a local council as aforesaid, except in favour of
the Government or of another body corporate established by law; or
(f) where a change of any condition included in the disposal of any land consists of a modification to the conditions of
a lease or to the conditions of a contract of emphyteusis or sub-emphyteusis which is made for a public purpose as defined in the
Land Acquisition (Public Purposes) Ordinance, which change shall not affect property exceeding a footprint of one hundred square
metres (100 sq.m), such disposal may also be made without adherence to any of the procedures or formalities prescribed in this
article but in such case it
shall only have effect after the following conditions ar satisfied:
(i) that the Minister shall within four weeks from the conclusion of a conditional agreement to make the modification
or if the House of Representatives is not in session at the end of the said period within four weeks from the date when
the House next meets, lay a copy of the contract of lease or emphyteusis or sub- emphyteusis indicating the
modifications proposed on the table of the House; and
(ii) the modification aforesaid shall only be valid and come into effect if, after the procedure stipulated in
sub-paragraph (i) has been completed, the House does not within a period of twenty-eight days after the completion of
the said procedure resolve that the modification shall be rejected or amended, and immediately upon the expiry of the said
period of twenty- eight days the modification shall, unless it is rejected as aforesaid, come into effect as
originally proposed or as amended by means of the said resolution; or
(g) in accordance with any other law for the time being in force.
(2) A Resolution of the House of Representatives approved in terms of subarticle (1)(d) and (e) will remain valid for one year from the date of approval, but such Resolution can be extended by virtue of another Resolution or
other Resolutions proposed after another period of one year.
(3) A disposal of land to which subarticle (1) applies, made in accordance with the provisions of this article, shall not require
any further authority or sanction.
(4) Before notice of a motion proposing a resolution, as is referred to in subarticle (1)(d), is given to the Clerk of the House by a Minister, such Minister shall cause such motion to be referred to the National Audit Office
Accounts Committee established under Part IV of the Second Schedule to the Auditor General and National Audit Office Act, and no notice of a motion as aforesaid may be given before the said committee shall have discnssed the motion and reported thereon
to the House.
(5) Not later than fifteen days after a Minister shall have caused a notice as is referred to in subarticle (4) to be
referred to it, the National Audit O ffice A c counts Committee shall m e et to discuss the draft deed or writing or notice, as the
case may be, and shall not later than one month after the said draft deed or writing or notice, as the case may be, has been referred
to it, report thereon to the House:
Provided that where the said Committee fails to report to the House in a final manner within the said period of one month, the Minister
may proceed to give notice to the Clerk of the House
Cap. 396.
proposing a resolution as is referred to in subarticle (1).
(6) When the Committee referred to in the preceding subarticle is convened for the purposes of this Act, two additional members
of the House of Representatives, one appointed by the Prime Minister, the other by the Leader of the Opposition, shall have the right
to attend, and take part in the debate in this Committee, without the right to vote.
(7) Where the report of the National Audit Office Accounts Committee on a motion is unanimous, the House shall proceed to vote
on such motion and on any amendments proposed in the said report without debate.
Disposals not in accordance with Act to be null and void.
(2) The nullity of a disposal made in contravention of the article aforesaid may be demanded also by the Attorney General or by any person who is a member of the House of Representatives at the time of the demand.
Disposal not in accordance with Act to constitute offence. Amended by: XIII. 1983.5;
L.N. 423 of 2007.
5. (1) Any person who enters into or appears on any deed, instrument or contract (whether in his own name or on behalf of others)
in contravention of any of the provisions of article 3, and any person who induces any other person to enter into or appear on any
such deed, instrument or contract as aforesaid or the making thereof, or aids or abets any of the aforesaid acts, shall be guilty
of an offence and shall be liable on conviction to a fine (multa) not exceeding two thousand and three hundred and twenty-nine euro and thirty-seven cents (2,329.37) or to imprisonment not exceeding
six months or to both such fine and imprisonment:
Provided that it shall be a defence for any person to prove that he took reasonable steps to ascertain that the deed, instrument or
contract wou l d not, where m a de, be in con t ravention of the provisions aforesaid.
(2) For the purposes of any proceedings under subarticle (1), a declaratio n mad e by a court of competent j u risdiction t h
at a d i sposal is n u ll and vo id o n t h e g r o und that it was made in cont raven t i on of any o f t h e pro v i s io ns o
f ar ticl e 3, or a m e r e declaration that it was so made, shall be conclusive evidence that the disposal was made in contravention
of these provisions; and where any action for an y suc h dec l arat io n has b een t a ken , t h e period of prescription in respect
of any offence against this article shall be suspended until a final judgment on the issue is given or the action is abandoned.
SCHEDULE Added by: XVII. 2004.3.
Interpretation
(Article 3)
Policy relating to the Transfers of Government Land
Amended by: Resolution No.
178 of the 11th
April, 2005;
L.N. 423 of 2007;
Resolution No.
318 of the 19th
November, 2007;
Resolution No.
284 of the 14th
December, 2011.
1. In this document the words ‘land’ and ‘transfer ’ shall have the same meaning as is given to them by this
Act; and any reference to ‘government land’ or
‘government building’ includes a reference to any land or building administered by
Government.
2. The cases in which government land may be transferred according to policy as contained in this schedule are additional to
the cases in which government land may be transferred according to article 3(1)(a), (b), (d), (e) and (f) of this Act.
Transfer by title of sale or redemption
3. Government land may be sold or the perpetual or temporary dominium directum burden thereon may be redeemed if such land consists of flats or houses which are offered by means of a public notice to be bought
or redeemed by a person who resides therein under such conditions as are shown in that notice.
3a. The perpetual dominium directum of government land, where the ground- rent is revisable, may be redeemed by the recognised emphyteuta, in accordance with any conditions
contained in a public notice.
3b. Government land which had originally been granted by Government on title of lease or title of emphyteusis which has expired
and which is used for commercial purposes only may, by means of a public notice or scheme in force, be granted on a new title of
lease to the present tenant or person occupying the said tenement.
Transfer by title of emphyteusis
4. Government land may be transferred by title of emphyteusis:
(a) if it consists in land which is offered for development under a ‘Home Ownership Scheme’ by means of a public notice
containing the conditions of the transfer and the manner of choice of the person who is making an offer;
(b) if it consists in land which is offered for an industrial project after applicant would have satisfied Government about
the benefit which the project would render to the country’s economy and that it would create an adequate number of jobs;
(c) if it consists in land which is offered for twenty-five (25) years for the building of kiosks according to plans approved
by the Planning Authority, to such persons who in 1996 had a valid permit issued by the Department of Lands to operate a kiosk
in such same locality;
(d) if it consists of land granted for a period of fifty (50) years to licensed livestock farmers in the dairy and/or pig-breeding
sectors for the running of farms.
5. Emphyteutical grants given previously under the ‘Home Ownership
Schemes’ for a definitive period, may be converted into perpetual emphyteusis.
Transfer by title of lease
6. Government land may be given by lease:
(a) if it consists in a new building (not being a building for commercial use) which is offered on a points system after the issue
of a public notice indicating, at least in a general manner, the criteria on which the allocation of points will be made;
(b) if it consists in an old building (not being for commercial use) which is offered according to the merits of the case to whosoever
is listed on the registers of the government department which is responsible for such matters;
(c) if it consists in a factory which is offered for an industrial project after applicant would have satisfied Government about the
benefits which the project would render to the country’s economy and that it would create an adequate number of jobs;
(d) if it consists in agricultural land which is offered on agricultural lease to whosoever would be cultivating it, although such
person may not have any title thereto;
(e) if it consists in land which is directly allocated: (i) to a lotto receiver;
(ii) to a person who has relinquished his place of residence or any
other premises occupied by him for commercial purposes or for
any other use, and would either have been evicted by Government for any public purpose or would have relinquished such premises due
to its dangerous state;
(f) if it consists in a building (comprising land accessory thereto) which is mainly offered for a specific commercial use which
may be only carried out under a licence issued by the Government for such use under a special law;
(g) if it consists in commercial premises which are directly allocated by Government on a new lease to such children or grand-children
as the preceding tenant would have renounced in their favour (and then only if such tenant would have reached the age of sixty-one
years or is in receipt of an invalidity pension under the Social Securtity Act (Cap.
318)). The rent of the premises shall be fixed on the basis of the previous lease increased by ten per cent for each
period of ten years
and/or part thereof which would have passed from the date of the last fixing of the rent of the preceding lease;
(h) if it consists in commercial premises leased on a yearly basis, which was in the past given by title of lease for an
established period exceeding one year, to the same tenant. The lease of the premises is given to the same tenant, under the conditions
of the original title, other than for the rent which is fixed again, sohowever that no lease may exceed a period of fifteen (15)
years;
(i) if it consists of land which formed part of a larger land and is being allocated directly by Government on a new lease to the
preceding tenant under the same conditions but at a different rent;
(j) if it consists of a concession under a temporary title for a maximum period of time of ten years of land situated outside Malta.
Servitudes, encroachments and other permits.
7. Servitudes and other similar rights may be created on government land whenever such rights are required for the proper
use of any other land by any other person, and it would not be the case that such right is given on encroachment terms. In any other
case such rights may and shall be given on encroachment terms.
8. Encroachment terms are also allowed as regards:
(i) stretches of shore land as ‘beach concessions’;
(ii) land adjacent to coffee-shops and similar establishments for the placing of tables and chairs; and
(iii) other similar concessions.
9. Permits may also be granted for the temporary or specific use of government land.
Right of first refusal
10. Offers for the transfer of government land may be made subject to the right known as th e right of first refu sal in any in
stance where Gove rnment deems it appropriate that such right should be conceded to any person.
Sub-lease in a lease agreement
11. Permission may be granted for the sub-lease of part of a larger building for commercial use connected with or access ory or
ancillary to use mad e by the Government of the building of which the leased premises form part.
Transfer of land on the sea shore
12. Government land situated on the sea shore on which a room or any other building has been built or which is being used for the
siting of a caravan thereon may be transferred by title of lease for not more than ten years at a rent fixed according to a valuation
made by the Commissioner of Lands and which may in no case be less than €93.17 annually;
Sohowever that the building together with all improvements made thereon, other than existing movables, shall revert to Government
on the expiration of the lease without any right of compensation.
Land given by exchange
13. Government land may be given by exchange with any other land which is declared as required for a public purpose under Chapter
88 of the Laws of Malta, to the owner of the land which has been so declared. Provided that when a difference exists in the value
of the two plots of land given by exchange, such difference shall be balanced with also giving an additi on al su m of m one y. Soh
o wev e r th at t h e exchange may not be effected if the va lue of the gov ernm ent lan d t o b e giv e n exceeds thirty per cent
of the value of the expropriated land. Any damages sustained due to the expropriation of such land shall form part of the value of
the same land.
Tale quale transfer for relative compensation
14. Any plots of land comprised in such Building Development Areas, also inc l u d in g such p l ot s o f lan d in Bu il
di ng Dev e lo pm en t Areas w h i c h hav e b een revoked, and which have not been utilized and[or there is apparently no use for
them for a public purpose, may be transferred by title of exchange to the owners of the rights for relative compensation for each
plot of land which is so transferred and for
which an application has been submitted, with money’s worth for each plot of land, of the rights for compensation regarding the
same land, and when the person to whom the land shall be transferred was not the absolute owner of such land prior to its expropriation
by Government, with money’s worth also of an equivalent amount for each right of any other compensation relating to such land,
free and exempt from any burden, hypothec or privilege, and also every right for any other interests or damages which may be due.
The person in whose favour the land is transferred is bound, on the same deed of transfer, to re constitute on the land so transferred
to such p e rson any hypotech, privilege, easement, usufruct, use or any other real right which had existed on the same land prior
to such land being declared a Building Development Area according to Act I of 1983 and which are presently incumbent on the compensation
rights, until such time as such rights have not been erased by agreement between the parties prior to the reverse transfer; the person
to whom such land is transferred shall also be obligated to bind itself on the same deed to recognize any right ta’ rural lease
and any other right which was incumbent on such land prior to such land being declared a Building Development Area in terms of the
said Act I of 1983.
The expenses relating to the deed of transfer shall be paid by the
Government of Malta.
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