The Ministry for Transport, Infrastructure and Capital Projects, has published Legal Notice 369 of 2020 entitled "Extension of Temporary Emphyteusis in a Contract for a Commercial Premises transferred from the Government, the Lands Authority or Ecclesiastical Entities by title of emphyteusis Regulations, 2020".
This legal notice applies to any natural or legal person who holds a title of temporary emphyteusis on a property transferred to the applicant from the Government, the Lands Authority or an Ecclesiatical entity (which subsequently passed on the title to the Government) for commercial purposes and that the term will expire after the 31 August 2025. In this case, the emphyteuta may request the Lands Authority to rescind the contract and to grant a new contract holding a title of temporary empyhteusis, which term starts to run from the date of the new contract and this until the terms of the concession is in force, with the proviso that the term of the new concession shall be equivalent to that in force and provided further that where the term of the concession in force is greater than sixty five years, the term of the new concession shall be equivalent to 65 years.
The applicant emphyteuta for the extension should need to prove, through a detailed business plan, that he needs the land for a commercial project thereby satisfying the Authority of the benefit of the project for the national economy and that it will generate adequate employment.
The eligibility criteria are the following:
i) The applicant should be recognised by the Authority as the emphyteuta of the land/building;
ii) The concession in force should not have as its subject the execution of works, the supply of goods or the supply of services, which before the concession, were in the hands of the State before it was granted to the applicant;
iii) There are no arrears on ground rent payments.
Every public deed of the extension of the emphyteusis done in terms of this Legal Notice should be subject to the approval of the House of Representatives after a special resolution of the House in terms of article 31(c) of the Government Lands Act, Chapter 573 of the Laws of Malta.
Applications can be accepted from the 5th October 2020.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.