Crackdowns on building illegalities could soon start taking even longer due to a decision by the planning authority to give property owners up to three years to get their non-compliant structures approved.
One of the first decisions of the incoming Malta Environment and Planning Authority board was to introduce an enforcement provision which allows developers a defined time of 36 months “to try and obtain any necessary sanctioning”.
To make use of this allowance, developers must agree to be bound by a stringent bank guarantee to Mepa amounting to €200 per square metre of the space “constituting or comprising” the infringements.
The minimum threshold is €3,000 while the maximum is €1 million, though it was initially quoted at €200,000, sources added.
“The bank guarantee would be released once the development on site is certified to comply with development permits, and any sanctioning or accumulated daily fines and any direct action bills would have been paid,” according to a Mepa document seen by The Sunday Times of Malta.
It adds that 10 per cent of the bank guarantee would be retained by Mepa as a “settlement fine”.
When asked to explain the recent decision, a spokeswoman for parliamentary secretary Michael Farrugia said applicants were often reluctant to remove illegalities, making Mepa’s list of sites pending direct action “endless”.
“More so, a considerable number of the illegal developments date back to the early 1970s and have remained standing ever since. With this rate, the authorities will take years to remove the said illegalities which have mushroomed over the last 40 years,” she pointed out.
Currently, a compliance certificate – which among other things allows a property to get water and electricity services – cannot be issued when an illegality exists on site.
To facilitate the removal of such illegalities in a “systematic manner”, the Mepa board resolved to issue temporary compliance certificates upon request subject to a bank guarantee corresponding to the illegal parts.
“The guarantee would be automatically forfeited in whole should the applicant fail to remove the illegalities within three years or should the illegal parts not be sanctioned by way of a planning application. Indeed, Mepa will utilise the said amount to carry out direct action itself.”
The spokeswoman stressed the illegal parts of the development would need to remain sealed off despite the temporary compliance certificate and the applicant would be fined €12,000 if the seals are broken.
“In the case that a permit is issued, Mepa shall nonetheless retain 10 per cent of the bank guarantee, which fund shall be eventually used by Mepa for clean-up operations.”
Temporary compliance certificates may not be issued where illegal dumping has taken place in areas which are environmentally sensitive.
Meanwhile, the daily fine procedure, which came into force last November, shall continue to apply where illegal development has taken place, the spokeswoman added.
Mepa’s performance was a contentious issue during this year’s election campaign as efforts to constrain development by the previous government led to disgruntlement among contractors.
The first decisions of the new Government have been to replace the previous Mepa board and reduce application fees. It also gave hotels permission to build an extra two floors.
More recently, it decided to grant an automatic one-year extension to expired building permits issued after August 2006.