Law Blog

The traditional distinction between fact and law in judicial review is becoming increasingly blurred with recent court decisions on development planning law. This morning the Court of Appeal held in no uncertain terms:  “Għalkemm interpretazzjoni ta’ fatti hi mhollija fid-diskrezzjoni tat-Tribunal, madankollu meta l-fatti juru stampa differenti minn kif rahom it-Tribunal li inducewh jasal għal […]

In Maltese property law, the issue of servitudes often arises, particularly when it comes to the regulation of distances between properties. A key provision in this area, found in Article 443 of the Maltese Civil Code, dictates that a window must be set back at least 76 cm from a party wall. The intention behind […]

This blog is not being written out of any personal favour for Mr Joseph Borg, the incumbent chairman of the Environment and Planning Review Tribunal (EPRT). I have to admit, there are times when my insistence during the sittings he presides over can be quite unbearable, prompting him to stop me in a rather abrupt […]

The conservation of historic buildings is an inherently complex and often contentious issue, especially when it comes to determining whether to preserve, reconstruct, or replicate specific elements. A central challenge in this process is the question of what constitutes “significance” in a building’s history and how we decide which aspects of that history should be […]

As a matter of principle, a common wall may be constructed upon it. Indeed ‘Every co-owner may raise the height of a common wall, but he shall be liable for the expenses necessary – (a) for raising the height of the wall….’ (Article 414 of the Civil Code). Notwithstanding so, when constructing over an existing […]

Under Article 80 of Chapter 552, the revocation of a planning permit is an exceptional measure and can only occur in strictly defined circumstances. These are cases of fraud, submission of incorrect or misleading information, errors in documents, or concerns related to public safety. Yet, the legal threshold for revocation is not just the existence […]