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Proposal to Reform the Rental Market 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 Cardona
17th October 2018
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Tower Crane Passing over Airspace Owned by a Third Party 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…
David Grech
9th October 2018
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Tower Crane Passing over Airspace Owned by a Third Party 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…
David Grech
9th October 2018
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Proposal to Establish New Building and Construction Regulator Real Estate & Construction

Proposal to Establish New Building and Construction Regulator

This article was written by Dorita Cardona and Joshua ChircopThe Ministry for Transport, Infrastructure and Capital Projects has published a White Paper proposing the setting up of a Building and Construction Regulator ("the Regulator"), as part of a reorganisation project of the building industry. The RegulatorIt is proposed that the Regulator will be responsible for harmonising and consolidating current work practices, standards, procedures, regulations and laws currently governing the industry under a single piece of legislation, which will consequently be brought before Parliament as a Bill. The Minister responsible for Infrastructure, under whose authority the Regulator shall lie, has appointed…
Dorita Cardona
1st October 2018
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Proposal to Establish New Building and Construction Regulator Real Estate & Construction

Proposal to Establish New Building and Construction Regulator

This article was written by Dorita Cardona and Joshua ChircopThe Ministry for Transport, Infrastructure and Capital Projects has published a White Paper proposing the setting up of a Building and Construction Regulator ("the Regulator"), as part of a reorganisation project of the building industry. The RegulatorIt is proposed that the Regulator will be responsible for harmonising and consolidating current work practices, standards, procedures, regulations and laws currently governing the industry under a single piece of legislation, which will consequently be brought before Parliament as a Bill. The Minister responsible for Infrastructure, under whose authority the Regulator shall lie, has appointed…
Dorita Cardona
1st October 2018
The 1979 amendments to Malta’s rent laws held to be in violation of the right to property Real Estate & Construction

The 1979 amendments to Malta’s rent laws held to be in violation of the right to property

​The case of Anthony Aquilina v. Malta (Application no. 3851/12) involved proceedings instituted by Mr. Aquilina (hereinafter 'the Applicant') before the European Court of Human Rights, Fifth Section, (hereinafter 'the ECtHR' or 'the Court') wherein he alleged that his rights to property under Article 1 of Protocol No. 1 to the European Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter 'the Convention') had been infringed by the Maltese State.The Applicant had inherited a maisonette in Gozo following the demise of his mother in 1984. On the 12th January 1960, the property had been registered as a 'decontrolled…
MamoTCV
9th November 2016