FAQs Archive - Lands Authority

Who has overall responsibility for the Land Acquisition process?

Lands Authority — Wed, 10 May 2017 14:19:53 +0000

The Land Directorate within Lands Authority has overall responsibility for legislation and procedures governing compulsory acquisition and the compensation due. It must however be pointed out that the Land Directorates role is to facilitate projects initiated by other government departments/bodies in regard of which private property may be required to be expropriated. Land acquisition on behalf of such departments is only issued on the endorsement of the Minister responsible for such department.

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If I hold a shop on lease and wish to transfer the lease to one or more of my children, are tenders required?

Lands Authority — Wed, 10 May 2017 14:06:47 +0000

Tenants who attain the age of 61 years may transfer their tenancy to any of their children or grand-children, without the need for tenders, but the yearly rent will be increased by 10% for every period of 10 years or part thereof, that would have passed since the original rent was established. To do so you will need to submit an Application for the Transfer of Commercial Property (Retirement Procedure).

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What do I need to do to transfer an agricultural lease to my children?

Lands Authority — Wed, 10 May 2017 14:05:26 +0000

You will need to submit a written request to the Lands Authority in which you renounce to that part of the land being transferred in favour of your children and also provide a plan indicating clearly the land leased to you and the area being transferred. In your letter you will need to list the names, addresses and Identity Card Numbers of those children you are transferring the land to. The letter of renouncement and the plan will need to be signed not only by yourself and your spouse (if you are married), but also by the transferees (your children) as proof of their acceptance of the lease. For further assistance see specimen letter at Application for the Transfer of An Agricultural Lease. You will also need to provide the Lands Authority with an electronic version of the plan (in Autocad 2000). In this regard you are advised to seek the services of an architect.

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I am already the holder of a Lands Authority permit for tables and chairs. I have sold my business and wish to transfer the permit. Can I do so?

Lands Authority — Wed, 10 May 2017 13:59:49 +0000

No, permits for tables and chairs are granted on encroachment terms and are not therefore transferable. The Lands Authority may however grant a new permit under currently applicable conditions to the new operator, provided a fresh application is submitted.

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How can I apply for this Scheme?

Lands Authority — Wed, 10 May 2017 12:32:45 +0000

Application forms are available from either the Customer Care Office, of the Lands Authority, Auberge de Bavière, Valletta, or from the Office of the Assoċjazzjoni tas-Sidien tal-Caravans u Bungalows, Għadira Site, Marfa Road, Mellieħa. Applications may also be downloaded from the website of the Lands Authority at Għadira Caravan Site Scheme

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What happens if I disagree with the new rental and do not apply under the Scheme?

Lands Authority — Wed, 10 May 2017 12:30:52 +0000

If the leaseholder/occupier does not agree with the new rental of €500 and fail to apply under this Scheme, or does not sign the relative new lease agreement, Government may opt to grant leaseholder/occupier a further 6 months, commencing from 1st January 2015, in order for leaseholder/occupier to sanction his position, failing which Government shall proceed to issue a non-renewal notice to terminate the current lease and take back possession of the room/structure through an Eviction Order.

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If I have rent arrears on the current lease, will I still be eligible to apply?

Lands Authority — Wed, 10 May 2017 12:30:37 +0000

Yes, tenants who have outstanding dues on rent payment, would still be eligible to apply, however, all rent arrears of the current lease must be fully paid up in whole before the signing of the new lease agreement under this Scheme.

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Will there be any special conditions applied in this Scheme?

Lands Authority — Wed, 10 May 2017 12:30:20 +0000

Apart from the general conditions of the lease agreement, the Scheme applies special lease conditions as follows:-

any subletting or the assignement of the structure in any form is strictly prohibited
The conditions also include the duty to keep the structure in a good state of repair and to effect any necessary repairs and maintenance, including structural maintenance, if the need arises, as well as all other repair and maintenance which according to law, are to be carried out by the lessee
Tenants would also have to abide with all conditions and regulations issued by the Assocjazzjoni tas-sidien tal-Caravans u Bungalows from time to time

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What happens if the rent rate of the current lease exceeds the rate of 500 euros contemplated in the scheme?

Lands Authority — Wed, 10 May 2017 12:29:34 +0000

When the current annual rent being paid by applicant exceeds the rate of €500 contemplated in the scheme, the applicable rent shall be reduced to €500 per annum.

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Will the rent increase be effective on signing of the new contract?

Lands Authority — Wed, 10 May 2017 12:29:17 +0000

The rent increase will be effective from the signing of the new lease agreement and shall come into effect from 1st January 2015.

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