ENVIRONMENTAL & PLANNING LAW

The importance of environment and planning legislation in Malta cannot be overestimated. In a densely populated country where the available land is limited, it is understandable that land development will be thoroughly regulated in that a balance must be achieved between the interests of the developer and the public interest of protecting the environment and historical heritage.  

 

This, however, means that whoever is involved in property development and acquisition will need clear and precise guidance regarding the implications of the relevant laws. One must emphasise that planning law does not only deal with construction but also with change of use applications such as the change of use of a palazzo to an office or of a large house to a boutique hotel. 

 

Mamo TCV has established a fine reputation in this field. We pride ourselves in keeping abreast of all developments in planning law, including circulars issued to architects by the Malta Environment and Planning Authority, in such a way that we are informed of the latest policy and design guidelines. Indeed, rather than the general public, the clients of Mamo TCV in this field of law are mainly firms of architects.  

 

THE SOURCES OF PLANNING LAW 

 

The primary source of planning law in Malta is the Development Planning Act (Act I of 1992) as amended which governs zoning and related matters concerning the use and occupation of land. This Act set up the Planning Authority, now known as the Malta Environment and Planning Authority (MEPA) as well as a number of other administrative organs. A number of legal notices have been issued under this Act, many of which refer to the various aspects of the planning process. These include the Development Permission (Method of Application) Regulations 1992, the Planning Appeals (Fees) Regulations 1993, and the Development Planning (Use Classes) Order 1994. 

 

One should note that such documents as planning policy guidelines, circulars to architects and leaflets issued by the Authority are also to be considered as sources of Maltese planning law. 

 

THE SOURCES OF ENVIRONMENTAL LAW 

 

The primary source of environmental law in Malta is the Environment Protection Act (Chapter 435 of the Laws of Malta). This Act, besides establishing the general principle that “it shall be the duty of everyone together with the Government to protect the environment” also envisages the nomination of an authority with the powers and functions to effect the aims of this Act. These powers and functions are currently vested in MEPA, a fact which further underlines the synergy between the fields of environment and planning law.  

 

Environmental law is a rapidly developing area of legislation which includes for instance regulations regarding air and water quality control, waste management and protection of natural reserves. 

 

Since Malta’s entry into the European Union, local environmental law has also been shaped by EC Directives and Regulations, the latter being directly applicable in Malta. One such Directive is that of 2002/91/EC of the European Parliament and of the Council dated 16th December 2002 on the energy performance of buildings. The Minimum Requirements on the Energy Performance of Buildings Regulations (Legal Notice 238 of 2006) applies to new buildings and existing buildings that undergo major renovation or alteration whose building permit applications are submitted to MEPA on or after the 2nd January 2007, and aim to improve the energy performance of buildings in line with the requirements of the above-mentioned Directive 2002/91/EC.