Law Blog

Under Maltese planning law, any individual or entity, including government bodies, is required to submit a planning application and obtain permission from the Planning Authority for any development. Notably, the Planning Authority itself is also subject to this requirement. A striking example of this occurred in 2019, when the Planning Authority submitted a development application […]

The Maltese Civil Code is clear: when a property has a staircase leading to an accessible roof, the owner is legally required to construct a 1.8-metre-high dividing wall to prevent overlooking and safeguard privacy. Indeed Article 427(1) of Chapter 16 states as follows: ‘The person in whose building there are stairs leading to the roof, […]

In Maltese administrative law, judicial review of Environment and Planning Review Tribunal (EPRT) decisions is confined to points of law. Indeed, Article 39 of Chapter 551 of the Laws of Malta states the following: “The decisions of the Tribunal shall be final and no appeal shall lie therefrom (before the Court of Appeal (Inferior Jurisdiction)), […]

When addressing the question of whether end plots outside the Development Zone (ODZ) adjacent to a schemed development may be developed, a careful interpretation of both the Explanatory Note on Rationalisation of Development Zone Boundaries and Policy P6 of the DC15 Guidelines is essential. These two documents must be considered together, as they provide the […]

A colleague of mine, an architect, recently encountered a situation where her client was being pursued by a planning enforcement officer who alleged that the client was unlawfully housing a horse on their property. The officer contended that the client lacked the requisite planning permissions to maintain the animal within the premises. She inquired, “What […]

There is a prevailing belief that the notary is chosen by the buyer because they are the weaker party in a contract of sale. While it is often true that the buyer is the weaker party, the idea that the notary is selected by the buyer to ensure they side with them in case of […]