Real Estate & Construction

Avoidance of Damage to Third Party Property Regulations

This article was written by Joshua Chircop and Nadia Abela.Overview and scopeThe 'Avoidance of Damages to Third Party Property Regulations' (L.N. 136 of 2019) (the 'Regulations') have been enacted by the Minister responsible for the building industry in virtue of the powers vested in him under the Building Regulation Act, after consultation with the Building Regulation Board (BRO). The scope of the Regulations is to ensure that before the start of any type of works consisting of any demolition, excavation, or construction, methodologies that are technically secure are prepared in order to minimise the risk of damages to third party…

Joshua Chircop3rd July 2019

Real Estate & Construction

Establishment of Land Registration Agency

This article was written by Dr Veronica Grixti and Dr Joshua Chircop.A Land Registration Agency (the 'Agency') has been established by virtue of the Land Registration Agency (Establishment) Order, 2019 (the 'Order') under Legal Notice 4 of 2019. The Order has been promulgated in exercise of the powers conferred on the Prime Minister by Article 36 of the Public Administration Act, Chapter 497 of the Laws of Malta (the 'Act').FunctionsThe Order states that the Agency shall have the following responsibilities:1. to carry out the functions and duties of public administration in relation to Land Registration, by virtue of the Land…

Veronica Grixti7th March 2019

Real Estate & Construction

Proposal to Reform the Rental Market

This article was written by Dorita Cardona and Joshua Chircop.The Parliamentary Secretariat for Social Accommodation has published a White Paper proposing the setting up of a new regulatory framework (the 'Regulatory Framework') to reform the residential rental market in Malta, referred to as the private rented sector (the 'PRS').RationaleThe White Paper proposes providing both Landlords and Tenants with greater stability, flexibility, security, transparency and predictability in the long-term. There is a clear emphasis on creating a balance between Landlords and Tenants. The White Paper seeks:1. to protect the fundamental rights of Landlords, especially their rights to property, to contractual freedom…

Dorita Cardona17th October 2018

Real Estate & Construction

Proposal to Reform the Rental Market

Dorita Cardona17th October 2018

Real Estate & Construction

Tower Crane Passing over Airspace Owned by a Third Party

The passing of a tower crane over airspace owned by a third party is an invasion of such party's airspace. Ownership of the airspace over one's property is a basic legal concept, and the law protects against an invasion of property that is not permitted by law.The law does permit third party use of a person's property in certain situations. These are 'easements' or servitudes. They can be created by special laws (such as the rights given to aircraft), and by the Civil Code (such as the necessary right of way).The special laws that refer to construction and cranes do…