Maltese planning legislation under scrutiny : the case of the regularisation of existing development regulations

Abstract

The aim of this thesis is to analyse Malta’s planning regularisation scheme. Regularisation of illegalities is highly debated due to its controversies in various aspects of life, notably in planning where citizen’s properties are affected. This thesis will consist of theories related to urban planning and regularisation of land and housing. It will take into account some of the relevant planning laws that led to the introduction of new regularisation legal notices. This thesis will compare and contrast the regularisation schemes adopted by different countries with those implemented in Malta. Interviews were arranged with various stakeholders and their views shall be mentioned and analysed. The main consequence resulting from the regularisation scheme involves different types of developments that were previously unable to be sold, can now find their way in the property market with some resulting in the creation of sub-standard properties. When regularisation penalty fines are compared with planning fees or contributions in the normal PA applications, the regularisation fines are considerably lower. This regularisation law has addressed numerous old pending enforcement notices, where a direct action to remove the illegality was impossible to be taken. Due to the regularisation scheme the government shall decrease its investments in housing units, since units which were previously incompatible as residential units are now being sanctioned as residences. It can be concluded that the bottom up approach was essential in Malta since informal illegalities which occurred years ago are now being addressed. Citizens could not buy or sell their properties due to minor illegalities present in the property. With the regularisation scheme the future strategic uncertainty was removed. After solving years of irregularities,the policy maker has to invest in forward planning and in the enforcement of laws, to prevent the formation of new regularisation schemes. Different strategies and policies should be introduced with proper enforcement control where development will be checked so that it will conform with the policies set by the forward planning.