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Part One INTRODUCTORY PROVISIONS
Interpretation
2.-(1) In the present Law, unless the text indicates otherwise
"application for determination" is acquired under the subsection (2) of the article 44, attributed to the condition
this concept
"immovable property" is acquired under the article 2 of Real Estate (Possession,
Registration and Evaluation) Law attributed to this term meaning
"development" is acquired under the article 20 meaning attributed to this term,
"develop" is not interpreted accordingly
"resurrection", in relation to construction, includes extension, conversion and revival
"open space" means any immovable property set aside as a public garden, or
used for public recreational purposes, or land constituted a cemetery which ceased to exist
to be used
"value", in relation to immovable property, means the amount above it is expected to yield if
to be sold in a public market under a voluntary seller
"responsibilities" includes powers and duties
"ancient monument" acquires the term attributed to this term under the Antiquities Law
concept
"devolved authority" means any person, body or
in principle they exercised the competence of the Minister transferred to this person or body or
this principle by virtue of this Law
"General Development Ordinance" means the Ordinance as set out in this paragraph (a) of the territory (2) of
article 22 referring
"agriculture" includes horticulture, fruit cultivation, seed cultivation, dairy,
animal husbandry (they included raising any animal for food production, element,
skins or furs or for the purpose of using it during its cultivation
land), the use of land for grazing, basketry or as a pasture, vegetable garden and nursery and the
use of land as a forest if this use is ancillary to the cultivation of the land by others
agricultural purposes, "agricultural" is not interpreted accordingly
"Policy Statement" has the meaning given to this term under Article 18A
"Municipality" acquires the meaning assigned to the term in this article 2 of Road Regulation
and Buildings Law, excluding "rural municipalities" within the meaning of the paragraph (3) of
article 3 of the same Law
"disposal" means available for sale, exchange or lease or by recommending any
slavery, right or privilege or in any other way than by dedication,
donation or mortgage, "have" is not interpreted accordingly
"Development Ordinance" is acquired under the article 22 meaning attributed to this term
"Detention Order" is obtained under the article 38 meaning attributed to this term
"Tree Protection Ordinance" is acquired under the article 39 attributed to this term
concept
"advertisement" means any word, letter, effigy, signal, wall sticking, table, notification,
emblem or representation, illuminated or not, which has the character of advertising, announcement or
guidance and is used in whole or in part for these purposes and (unaffected
of the previous provisions of this definition) includes all wooden enclosure or
similar building used, or rendered suitable for use, for the exhibition
advertisements, and any reference to an advertising report is interpreted accordingly
"Court" means a competent Court
"Special Development Ordinance" means the Ordinance as set out in the paragraph above (b) of the territory (2) of
article 22 referring
"enforcement notice" is acquired under the article 46 meaning attributed to this term
"clearance", in relation to immovable property, means the removal of buildings or materials from
of property ownership, the leveling of this surface and the execution of such others
of work in relation to it or wanted to be determined
"owner", in relation to immovable property, means the person he is
registered or entitled to be registered in the books of the Provincial Land Registry
Office as its owner
"determination" has the meaning of sub-section (2) of the article 44 attributed to this term
concept
"specified" (except in relation to matters specifically required or authorized by him
of this Law as determined in various ways) means specified under
Regulations or Decree or Order, issued or given pursuant to this Law
"Regulations" means Regulations issued under this Law
"building envelope" means the constructed building envelope, externally, which
is formed by its host organism∙
"Joint Council" is acquired under the article 12 meaning attributed to this term
"White Belt" is acquired under the article 35 meaning attributed to this term
"means of access" includes any means of access, private or public, by vehicles or
pedestrians, it also includes a road
"ore" includes all material having economic value and forming part of its crust
land or naturally produced from it, including mineral oil, bitumen, asphalt and
natural gas, but no ore in dissolution or trees, timber and similar items
forest products
"engineering works" includes the marking and construction of roads and the forming or marking
means of passage to streets
"legislation" includes any Administrative Act
"street" means any street, publicly or privately, and includes any road,
square, public footpath, past, dead end, street, a bridge, pedestrianized,
they were riding on horseback, road or major public road, whether arterial or not and regardless of it
if existing or proposed in any plan, and includes all sidewalks, bullring or
small bridge, underground passage, air way, tunnel
"buildings or works" includes waste materials, litter and other deposited items
on property owned, reference to the erection or construction of buildings or works is interpreted
considering
"building" includes any building made of any material, mobile home, scene and everywhere
construction, but does not include machinery or mechanical plant included within
construction
Provided that for the purposes of the article 38 and in general for anything related to the power to
issuance of a Preservation Order, the word "construction" also means machines or mechanics
installations that are included in the building or are firmly connected to the ground
"building works" includes demolition, reconstruction work, of building conversion or
additions or repairs to construction and other work normally performed by a person
working as a builder
"plot" means a piece of land suitable for building purposes, which has arisen with the
implementation of a planning permit pursuant to this Law or a subdivision permit pursuant to the
Regulation of Roads and Buildings Law, to convert or even divide real property into
plot or even in separate plots and for the latter a certificate of approval has been issued by the
competent authority∙
"appointed day", in relation to this Law or to any provision hereof
Law, means the according to the article 88 a date was set for its commencement
validity of this Law or, depending on the case, of the relevant provision herein
Law
“planning permission” means a permission under Part Five with or without conditions, the other term
"conditional planning permission" includes a temporary planning permission
"urban planning decision" means a decision taken to grant or refuse to grant a permit
for development under Part Five or for the grant of a license for development with or without conditions
terms, and includes decisions taken to grant a temporary urban planning permit or to
determination or to serve notice pursuant to the article 28
"Urban Planning Authority" is acquired under the article 4 meaning attributed to this term
"temporary urban planning permit" is obtained under the subsection (4) of the article 25 attributed to
this term meaning
"development plan" includes a Plan for the Island, Local Plan, Area Plan and Declaration
Politics, which is issued in accordance with the provisions of article 18A, as well as any such
design modified
"Design for Neeson" is acquired under the article 7 meaning attributed to this term
and includes a reference to the Plan in question as amended in accordance with the article 9
"Area Plan" is acquired under the article 13 meaning attributed to this term
"local authority" has the same meaning as the term "competent authority" in the Regulation of Roads and
Building Law or any law amending or replacing it
"Local Plan" is acquired under the article 10 attributed to this term meaning and
includes a reference to the Plan in question as amended in accordance with the article 15
"the Minister" is acquired under the article 3 meaning attributed to this term
"plot under development" means a piece of land suitable for building purposes, which will
arise with the implementation of a valid urban planning permit pursuant to this Law and/or permit
division by virtue of the Roads and Buildings Regulation Law for conversion or division
of immovable property in a plot or even in separate plots and the separation is in progress
that the curbs have been installed and the roads are easily passable by vehicles and it has been confirmed
the measurement of the area of ​​the plots by a person competent for this purpose∙
"existing development" means any development complying with the provisions of
article 21 and any development were duly completed in accordance with planning permission
granted and registered and in compliance with any conditions under which it
was granted, and the terms "existing construction" and "existing use" are interpreted accordingly
"bearing body" means the structural parts of a building, which statically support it
(columns, beams, plates, cantilevers).
“fence” includes a wooden fence, picket fence, or else how, as well as embankments
and walls
"use", in relation to immovable property, does not include the use of property owned by
the execution of any building or other works on it.
(2) For the purposes of this Law, the development of real estate property is considered to have been completed
(a) if the development consists in the execution of tasks, at the time when they begin
jobs here
(b) if the development consists of a change of use, at the time the news begins
usage
(c) if the development consists of the execution of works and the change of use, according to
prior to the years mentioned in the previous paragraphs.
(3) For the avoidance of any doubt, by virtue of any provision of this Law,
it is required that the value of his interest in the property be assessed under the condition that he will
a planning permit was granted for the development of any category, this condition is taken for granted
that all such development would comply with the provisions of any legislation, of another
of this Law, which would be applicable to her.
(4) References in this Law to any legislation are interpreted, unless otherwise arising
from the text, as referring to the legislation in question as it may have been amended under or
under any other legislation, including this Law.
90/1972 56/1982 7/1990 241(I)/2002 46(I)/2011 120(I)/2014
Part Two URBAN PLANNING AUTHORITY
The Minister
3.-(1) For the purposes of this Law, the Minister is, as far as the Third Party is concerned, o
Minister of Finance, but the Minister of the Interior, and in this Law the term "the Minister"
is interpreted accordingly and includes every person, body or principle authorized under him
Minister as he exercises his competence under this Law.
(2) In the exercise of his powers under this Law, the Minister is consulted
any Committee established by a decision of the Council of Ministers for this purpose,
any other Minister in relation to any matter related to the Minister's responsibilities
of this and any person, body or principle for obtaining advice in spite of which there is a specialist
provided for in this Law or in the Regulations issued pursuant thereto, may not be consulted
as well as any other persons possessing special knowledge of any subject on which
the Minister will consider it advisable as he has received advice.
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Urban Planning Authority
4.-(1) In compliance with the provisions of this Law, the Town Planning Authority is, depending on her
case, the Minister or any authority to which competences have been transferred.
(2) Regardless of any other provision of this Law, the Council of Ministers for
better implementation of the purposes of this Law will be established by a Council of Regulations. The
Regulations will therefore be foreseen, among others, on the name of the Council, of responsibilities
his, of the number of members appointed by the Council of Ministers and their qualifications
of persons will be appointed and in general regarding the structure and operation of the Council.
Likewise, the Regulations may provide that all or any of them by virtue of
of this Law, the powers of the Minister may be transferred to the Council, or that the
Council will be the Urban Planning Authority pursuant to this Law, in this case not every
by virtue of this Law, the responsibilities of the Minister may fall to the Council and
to exercise under it.
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Transfer of powers of the Minister
5.-(1) In compliance with the provisions of this Law, the Minister may transfer, if not this
required by the Council of Ministers should be transferred, to any person, body or principle
the power to exercise any of its powers pursuant to this Law. That one
transfer may be made to various persons, bodies or authorities in relation to different areas or
in relation to the exercise of various powers.
(2) Such transfer is carried out by Decree issued by the Minister and published
in the official gazette of the Republic.
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Decrees, etc. under the Minister
6. In the exercise of his powers under this Law, the Minister acquires the power
to issue such Decrees and give such Orders as he deems necessary or desirable to
achieving the purposes of this Law.
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Part Three THE PLAN FOR THE NISSAN
Preparation of topography and plan for Nison and the effective date of the plan
through Neeson
7.-(1) The Minister of Finance may, and must, if so required by the Council of Ministers,
to act, cartography of the Republic and preparation of a report on it and, after these,
drawing up a plan (in this Law referred to as "the Plan for the City") and submission
of this to the Council of Ministers for approval.
(2) After the approval of the Plan for Neeson by the Council of Ministers, the Minister publishes
in the official newspaper of the Republic Gnostopiis stated that the Plan for the Island was approved
and that this is available for inspection at such place in each province and according to
way as the Minister wanted to determine in the Notification.
(3) In compliance with the provisions of this Law regarding its review and amendment
Plan for Nison, said Plan shall take effect on the date on which
is published under the paragraph (2) required notice.
90/1972 56/1982
Objectives of the Nison Plan
8. Through the Plan for Nison, the following general policy will be prescribed
development promotion and control, without affecting the generality of the above may
is provided as an indication of the Government's intentions with reference to the use of property owned in
the Republic including the distribution of the population, of industry and commerce, of
tourism, of the type of transport services and public services, of defining areas
special social, history, of architectural or educational interest or natural beauty and others
issues of wider or local importance.
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Revision of the Plan for Neeson
9.-(1) The Plan for Nison is under constant review by the Minister and is the subject
report submitted under this to the Council of Ministers at intervals not exceeding art
year.
(2) The report includes proposals to amend the Plan for the Island of
Minister considers desirable.
(3) The Plan for the Island is amended as the Cabinet wishes from time to time
decide.
(4) Notification of any amendment to the Plan for the Island made in accordance with
decision of the Council of Ministers is published in this way as the notification about it
approval of the Plan, and the effective date of the Plan thus amended for
Neeson is similarly identified.
90/1972
Part Four LOCAL PLAN, AREA PLAN AND DECLARATION
POLITICS.
Local Plans
10.-(1) The Minister may, and must, if so required by the Council of Ministers, to act
survey of any area and drawing up a plan (in this Law referred to as “Local
plan") for this area in accordance with the provisions of this Part and any
Regulations issued pursuant to this Law and in compliance with these provisions.
(2) This area (in this Act referred to as “Local Plan Area”) defined by
reference to map.
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Purposes, type, etc., of the Local Plan
11.-(1) The objectives of the Local Plan are to ensure methodical development in the interest of
health, of amenities, of the service and general welfare of the community, the general index
principles on which development in the area will be promoted and controlled, the guidance as to
selection or the designation of spaces for special purposes, either by carrying out development on them or
otherwise how, the protection of social characteristics or areas, historical or architectural
importance, the provision of road transport lines, piping and others
services and the indication of the stages at which the development should be carried out.
(2) In all Local Plans, the aims and purposes of any applicable Plan are taken into account
through Neeson.
(3) In compliance with the provisions of any Regulations issued pursuant to this Law to
regulating the type and content of Local Plans, every Local Plan includes
such maps and such descriptive material as may be required to explain said
proposals after such degree of detail as is appropriate for various parts of the Region
Local Plan, and defines the population for which the Plan will provide and provide
indication of the intended general use zones in terms of land and building and the required
protection and servicing of these transport zones, and any such Plan may specifically
identify the sites of the proposed streets, public and other buildings and projects, airports,
public gardens, recreation areas, nature protection areas and other open spaces and the
to those accesses, or to provide for the distribution of areas for use by residence or by
agricultural, industrial, commercial, tourist or other purposes of any category
defined in the Plan.
(4) Without affecting the generality of the paragraph (3), A Local Plan may be provided by subject
mentioned, among others
(a)(i) in the distance between buildings, the distance between buildings and borders and
distance between buildings and the center of any street
(ii) in terms of plots of land, in the ratio or percentage ratio of the land which may
covered under any buildings
(iii) to the minimum plot size
(iv) at the height of buildings
(v) in the floor area of ​​buildings
(vi) in the area of ​​the property which will be designated and reserved exclusively for
the parking of vehicles and for the creation of public parking spaces
(b) in the reservation of spaces for new roads
(c) in the disuse of any existing road
(d) in the population density in any area
(e) in the destination of lands for public open spaces.
90/1972 56/1982
Urban Planning Authority for the preparation or amendment of a Local Plan.
12. Subject to the provisions of this Part, the Minister is responsible for the preparation or the
Local Plan amendment.
90/1972 11(I)/2007
Common Council.
12A. [Deleted]
Modification History 120(I)/2014
Interest of a member of the Common Council.
12B. [Deleted]
Modification History 120(I)/2014
Face-to-face consultation, body or principle
12C.-(1)When preparing or modifying a Local Plan, the Minister takes into account the views or
suggestions of any person, body or principle, including local authorities which
fall within the Local Plan Area, submitted in writing, following a relevant invitation which
is published, in a manner and within a period of time specified in the publication.
(2) The according to the verse (1) submitted opinions and recommendations are filed in a special register, which
may be inspected by any interested party during working days and hours and a list of what they have
submit opinions and recommendations according to the format to be determined by the Minister, published in the Official Gazette
Gazette of the Republic and sent to the House of Representatives for information.
11(I)/2007 120(I)/2014
Public Hearing.
12D. (1)In compliance with the provisions of article 12C, when preparing or modifying a Local Plan,
according to the article 15, the Minister takes into account the representations that may be submitted
by all stakeholders and especially by the local authorities involved, at a public hearing which
is carried out in accordance with a procedure determined by an Order issued by the Minister:
Provided that the public hearing cannot last more than forty-five working days,
from its start date:
Of course, further, that the above representations are also submitted in writing to the Minister before
conducting the hearing.
(2)In the event that the Minister finds that the deadline specified in the above paragraph (1) not
sufficient for the submission of all representations at a public hearing, the Minister has the
authority to make a final decision on the submissions to be made at the hearing, so that
provided the possibility of filing representative representations:
It is understood that any presentations that cannot be presented during the public hearing will
be taken into account as defined in article 12C.
11(I)/2007 120(I)/2014
Hearing of local authorities
12E. In addition to the provisions of articles 12C and 12D, when drafting or modifying a Local
Design, according to the article 15, the Minister calls all the local authorities that fall within the Region
Local Plan to submit their opinions, as well as relevant at his discretion involved
government departments and other agencies, to present their opinions and suggestions
submit in writing based on the provisions of article 12C.
120(I)/2014
Area Plans
13. The Minister may prepare detailed proposals (in this Law referred to as
"Area Design") by any part of a Local Plan Area or by any other area, oh no
previous provisions of this Part apply in relation to any Area Plan
as applied in relation to Local Planning. Whenever any area covered by
of an Area Plan drawn up by the Minister in charge of the area covered by
Local Plan, this Area Plan is part of that Local Plan.
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Revision of Local Plan or Area Plan.
14. (1) Each Local Plan and Area Plan is under constant review and is the subject
report published by the Minister, at intervals not exceeding five years from
the date of publication of the notice under sub (8) of the article 18 or seven
years from the date of publication of the notification under sub (2) of the article 18,
whichever is the smaller.
(2) This report includes findings regarding the achievement of the objectives of the Local
Plan or Area Plan and the implementation of its provisions, positions and observations regarding
developments that affect its implementation and the general directions and policies that the Minister
considers desirable in the event of any modification of the Local Plan or Area Plan.
(3) The report may provide for the non-modification of a Local Plan or Area Plan, in
case where this is deemed justified by the Minister.
90/1972 11(I)/2007
Amendment of Local Plans and Area Plans
15. -(1)Any Local Plan and any Area Plan are amended as the Minister
wanted from time to time to order, A Local Plan is considered as a modified form of anything
of the Area Plan in terms of the extent of the latter, this differs from the Local Plan.
(2) Local Plan or Area Plan amended in accordance with this article, considered as new, six
existing event, independent Plan.
90/1972 11(I)/2007 46(I)/2011
Preparation of Local Plans and Area Plans under local authorities
16.-(1) Without prejudice to the provisions of this Part, any local authority may
any time, must, if so required by the Minister, to prepare and submit to him
Minister of any Local Plan or any Area Plan for the area of ​​such
local authority or any part thereof, and the Minister may adopt any Locality
Plan or Area Plan as submitted to him, either without modification or after such
modifications it deems appropriate, or may refuse to adopt it. Pan Local Plan or
An Area Plan adopted by the Minister pursuant to this article shall be deemed to have been prepared under
his.
(2) Without prejudice to the provisions of this Part, any local authority may
any time, must, if so required by the Minister, to submit to the Minister
proposals for such amendments or additions to any Local Plan or Scheme
Area for the area of ​​the local authority in question or any part of it where it is shown
intentional or, depending on the case, will be required by the Minister, and the Minister may
to amend the said Local Plan or Area Plan to the extent it considers
intentionally, taking into account these suggestions and always another essential factor.
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Transfer of responsibilities under the Minister
17. Subject to such conditions and requirements or limitations as they wish to set, the Minister
can, by Decree, to transfer to any person, body or principle her duty
preparation of any Local Plan and its subsequent revision and modification. Pan
A plan drawn up under such delegated powers is required to be submitted to the
Minister in accordance with the terms of the Decree, and the Minister may reject all such
Plan or to approve this either without modification or after such modifications as it considers
suitable ones. If notification is given regarding the Minister's approval of any Plan
submitted to him in accordance with this article, the Plan is considered, for its purposes
of this Law, as a Plan prepared by the Minister, under the reservation of his powers
for the transfer of powers, the revision and amendment thereof is the responsibility of the Minister.
90/1972 11(I)/2007
Publication of Local Plan and Area Plan
18.-(1) Before the Minister prepares or amends a Local Plan or Area Plan
or in the adoption or approval of such scheme submitted to him under the provisions
of the article 16 or of the article 17, must take into account anyone's opinions and suggestions
person, body or authority submitted to it, as defined in articles 12C, 12D and 12E.
(2) As long as it is prepared, modified, adopted or approved Local Plan or Area Plan according to
defined in the previous paragraph, the Minister files a copy of this Plan in the office of each
local authority, the area of ​​which falls within the Plan area, at the office of the relative
Provincial Administration and at the headquarters and at the local provincial office of the Department of Town Planning and
Residence and publishes a relevant notification.
(3) The notification provided for in the previous paragraph makes it known to the public that the Local
Plan or Area Plan shall be available for inspection at all reasonable times and
(a) It is published in the official newspaper of the Republic and in at least two daily newspapers
newspapers and
(b) posted on notice boards or other prominent places in the offices of each local
principle, the area of ​​which falls within the Plan area, of the office of the relevant Provincial
Administration and the central and the relevant provincial office of the Department of Urban Planning and
Housing.
(4) The Local Plan or Area Plan, to which a notification issued under the provisions relates
of the territory (2), shall enter into force on the day on which this notification is published in the official
newspaper of the Republic and the other conditions of the paragraphs will be observed (2) and (3).
(5) Within a period of four months from the publication of the notification in the official gazette
of the Republic, reasoned objections based on
specific reasons.
(6) After the expiry of the period specified in the subsection (5), the Minister examines the objections within
period of fourteen months and submits to the Council of Ministers the Local Plan or Plan
Area, together with the objections submitted, as well as his own observations and recommendations.
(7) The Cabinet has the power to either approve the Local Plan or Area Plan as it stands
or to bring to it the necessary modifications at its discretion.
(8) Copies of the Local Plan or Area Plan, as approved by the Ministry
Council, deposited in the offices of each local authority, the area of ​​which falls within his area
Design, at the office of the relevant District Administration, both at the headquarters and at the local provincial office
of the Department of Town Planning and Housing; relevant notification by which it is known that the
A Local Plan or Area Plan is available for inspection on all reasonable grounds, is published
in the official newspaper of the Republic and in any other way that may be determined by the Ministry
Council.
(9) The Amendments made to a Local Plan or an Area Plan according to the provisions of the subsection (7)
shall come into force on the day the notification referred to in the previous paragraph is published in
official newspaper of the Republic and the other conditions of the previous paragraph v
but in such a way as not to affect acts or omissions made pursuant to the paragraph (2)
notification.
(10) The specified in the paragraphs (2) up to (9) are also applied in case the Minister decides
that it is not necessary to amend the Local Plan or Area Plan, as defined in
verse (3) of the article 14.
90/1972 7/1990 28/1991 11(I)/2007 120(I)/2014
Policy Statement
18A.-(1) The Minister may, and must if this is required by the Council of Ministers, to elaborate
Statement of Policy in respect of which applications for planning permission for development will be considered, in
any area for which there is no Local Plan or Area Plan in force for the purpose of
methodical development in the interest of health, of amenities, of service and general
welfare:
Provided that when a Local Plan or Area Plan comes into force in respect of any such
region, the Local Plan or Area Plan overrides the Policy Statement.
(2) The Policy Statement takes into account the aims and objectives of any applicable Plan
through Neeson.
(3) The Policy Statement will outline the general policy regarding its promotion and control
development on a regional basis, will provide for the distribution of areas for use by residence or
for farmers, industrial, commercial or other purposes, will determine its conservation areas
nature, the conservation areas of the villages, and areas of natural beauty, generally it won't
contains the general principles that will govern the regulation and control of development in the
the countryside and the villages.
(4) The Policy Statement is accompanied by such maps and other descriptive material as desired
required to explain this Statement.
(5) The Policy Statement is under constant review by the Minister and is the subject of the report
published under it, as the Council of Ministers wanted to designate, intermittently not
exceeding five years. This report includes such proposals for its amendment
Policy Statement, as the Minister deems desirable.
(6) On drafting or amending the Policy Statement, the Minister submits a copy thereof to
the Office of the District and the District Office of Town Planning and Housing of the province in which
lies the area covered by the Policy Statement and publishes as provided for in
(7) Notice stating that the Policy Statement has been drafted or amended and that a copy
of this was deposited as mentioned above and will be available for inspection by anyone interested
within a reasonable time.
(7) The in the territories (6) said Notice
(a) is published in the official gazette of the Republic
(b) is published in at least two newspapers and
(c) posted on the notice boards or other prominent points of his Office
Enough, of the Provincial Office of Town Planning and Housing, and Council Offices
of Improvement and Rural Authorities of the province in which it is located within the Policy Statement
included area.
(8) The Policy Statement to which it relates to a notification issued under the provisions of the subsection (6),
shall take effect on the day such notification is published in its official gazette
Republic and the other conditions of the paragraphs will be observed (6) and (7).
(9) Within a period of four months from the publication of the notification in the official gazette
of the Republic, reasoned objections based on
specific reasons.
(10) After the expiry of the period defined in the paragraph (9) deadline, the Minister examines them as soon as possible
objections and submits to the Council of Ministers the Policy Statement and these objections together with the
own observations and recommendations.
(11) The Council of Ministers has the power to either ratify the Policy Statement as it stands or to bring it about
to it the modifications necessary at his discretion.
(12) A copy of the Policy Statement as approved by the Cabinet is filed at
Office of the District and the District Office of Town Planning and Housing of the province in which
the included Policy Statement is located area0 relevant notice is published at
official newspaper of the Republic or in another way that will be determined by the Council of Ministers.
(13) The amendments made to the Policy Statement according to the provisions of the subsection (11) are placed in
effective on the day the notification according to the previous paragraph is published in the official
newspaper of the Republic and the other conditions of the previous paragraph are observed in a manner
however, so as not to affect acts or omissions made pursuant to the paragraph (6)
notification.
90/1972 56/1982 7/1990 28/1991 55(I)/1993 20(I)/2013 120(I)/2014
Conflict between development plans
19. If during this time and with reference to this area there are two or more
development plans, in case of conflict between the apparent intentions which
are incorporated into these plans, the provisions of the larger scale plan prevail.
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Part Five DEVELOPMENT – PLANNING CONTROL
Planning permit
Interpretation of "development"
20.-(1) In the present Law, unless otherwise stated in the text, "development" means,
in compliance with the following provisions of this article, the execution of building works, engineers,
mining or other operations within, on, over or under real estate ownership or execution
of any material change in the use of any building or other property.
(2) For the avoidance of doubt, for the purposes of this article, development includes
(a) the use as two or more houses of any building previously used as a single one
residence, regardless of whether any such change of use requires anything
construction or not
(b) depositing waste or useless objects on property, despite the fact that
immovable property is included in a space that was already used for this purpose, if
either the surface area of ​​the deposit is extended or the height of the deposit
thus extending beyond the level of the adjacent to this property
property
(c) without affecting any provisions of any applicable law referred to
the control of advertisements or any Regulations issued pursuant to this Law and
referring to the control of advertisements, the use of any advertisement
external part of a building which is not normally used for that purpose
(d) the conversion or division of any immovable property into plots and/or into separate lots
plots of land∙
(e) the demolition of any building
(f) the opening of any road.
90/1972 46(I)/2011
Planning permit
21. Subject to the following provisions of this article, from the appointed day is prohibited
the commencement of any development of property unless planning permission has been granted under the
Urban Planning Authority authorized this development:
Of course that, from the date of entry into force of the Urban Planning and Spatial Planning Act
(Amendment) His law 2011 development is allowed to begin, since:
(a) is to be carried out on an approved plot and/or on a plot under construction and/or on
plot of land for which planning permission and/or permission has been secured in accordance with the provisions of
on Regulation of Roads and Buildings Law, to convert it into a plot of land or divide it into
separate plots∙ or
(b) the piece of land has satisfactory even if it is not public access or is located in an area
where its subdivision is not deemed by the Town Planning Authority to be feasible or necessary or desirable in
specific stage, provided that the necessary road network is foreseen in the application submitted,
free public spaces and other spaces or infrastructure projects, which are considered necessary at the stage
this from the Urban Planning Authority to ensure the development conditions of the area∙ or
(c) development of any real property is not impeded or affected, provided that for the
this development exists on the date of entry into force of the Urban Planning and Spatial Planning Act
(Amendment) His law 2011 license issued under the provisions of any other
law.
90/1972 7/1990 46(I)/2011
Development Ordinance
22.-(1) The Minister may, by Decree published in the official gazette of the Republic
(in this Law referred to as “Development Ordinance”) to grant planning permission for
development defined in the Decree or by any category of development so defined, despite
the fact that no application for such a license could have been submitted.
(2) A Development Ordinance may be issued
(a) as a general Decree applicable (under such exceptions as would be defined in it) after all
real estate property (in this Law referred to as "General Development Ordinance") 0 or
(b) as a special Decree applicable only to such immovable property as desired
defined or applicable to all property owned in such areas only
wanted it to be so defined or only on that immovable property that wanted it to be so defined written in
such areas also wanted to be so defined (in this Law referred to as
"Special Development Ordinance").
(3) A planning permit granted by a Development Ordinance may be granted either unconditionally or
under such conditions or limitations as would be defined in the Decree.
(4) Without affecting the generality of the paragraph (3)
(a) whenever a planning permit is granted by a Development Decree for the construction, conversion,
addition or repair of any buildings, the Ordinance may require as received
the approval of the Urban Planning Authority with reference to the plan, height and exterior
appearance of buildings, the destination and the exclusive reservation of space for it
vehicle parking, tree planting, the distance of any building from the border
of the plot or from the center of any road or intended road and the determination of the location
of any passage to it
(b) whenever a planning permit is granted by a Development Decree for the development of a certain
category, the Decree may grant authority to the Town Planning Authority as from time to time
in time it is ordered that the license does not apply either with reference to any special
area or in reference to any special development.
(5) Any provisions of the Development Ordinance, by which a license is granted for the use of a property
property for any purpose specified in the Decree for a limited number of days within
period of time specified in said order, is considered (without affecting the generality
of any reference in this Law to limitations) as a provision I granted permission for use
property owned for any such specified purpose subject to the limitation that the property
property shall not be used for any purpose under such provision no
days longer than said within said time period.
(6) For the purpose of enabling development to be carried out in accordance with planning permission
or otherwise for the purpose of promoting appropriate development, the Development Ordinance may
mandated as any enactment in force on the appointed day or any
Regulation, Decree, Institution or other Administrative Practice issued at any time by virtue of everything
of such legislation shall not apply to any development defined in the Decree, or as
applied to it under such modifications as would be so defined.
90/1972
Applications for planning permission
23.-(1) In cases where development is not authorized by a planning permit granted by
Development Decree issued by the Minister, all applications for planning permission or
determination pursuant to the article 44 is submitted to the Town Planning Authority in this manner and in
in such form as may be determined by Regulations or by Decree issued or Order issued under
of the Minister.
(2) It may be provided for by Regulations or Decrees to determine or regulate the
the manner in which applications for planning permission or for determination will be handled,
especially not
(a) to limit the granting of planning permission during that period
period who wanted to be determined in relation to such development or in relation to development
of that category who wanted to be defined as such
(b) to the obligation of the Town Planning Authority such as, before granting planning permission by
any development or refuse to grant such permission, be consulted first or
persons as will be determined
(c) for the obligation of the Town Planning Authority as given to any applicant for town planning
vacant, within such deadline as he wished to be determined, that notice who wanted it that way
to be determined, as to how his application was handled
(d) to the obligation of the Town Planning Authority as provided to such a person, body or principle as
wanted such information to be defined and wanted it to be so defined with reference to applications for
urban planning permit submitted to the Urban Planning Authority, including information such as
to the manner in which any application was handled.
90/1972
Notice of application for planning permission and representations
24.-(1) The Minister may by Decree, in any particular case or at all
category of cases and with respect to any area or in general, to demand such notice of
of any application for planning permission granted to any person or persons or published
in such a way as to be specifically defined in the Decree.
(2) Deciding on all such applications for planning permission for development, Urban planning
Authority takes into account any representations in relation to the said application received under it
within the deadline specified in the notice, and publishes a notice of the decision against
in the same manner as a published notice of the application.
90/1972
Decisions on applications for planning permission
25.-(1) Subject to the provisions of the article 30 responsibilities of the Minister, the Town Planning Authority
may refuse the granting of planning permission for any development which is the subject
of an application or to grant a license either unconditionally or conditionally.
(2) When conditional planning permission is granted, the terms are thus considered an integral part of art
due to planning permission, subject to the provisions of the article 27 responsibilities of Urban Planning
Principle, the executed development is considered as not constituting the development for which it has been granted
planning permission unless the conditions are fulfilled.
(3) The conditions which the Town Planning Authority may impose when granting a town planning permit
by virtue of the paragraph (1) it is
(a) terms to regulate the development or use of any real property, whether it is the
immovable property in relation to which the application was submitted or not, or to enforce
obligation to carry out works on all such immovable property insofar as this
appears to the Town Planning Authority appropriate for the purposes of the permit
authorized development or in relation to it
(b) conditions for imposing an obligation to remove any buildings or works
authorized under the license or termination of any such authorized use
of property ownership at the end of a certain period of time, and for the execution of any
works required for restoration, at the end of that time period, her
property of this property in its previous state
(c) conditions for imposing an obligation to plant or maintain trees in relation to the
of the authorized development license
(d) conditions to be complied with before the start of development
(e) any other conditions determined by the Council of Ministers through Regulations issued
pursuant to this Law.
(4) All planning permission granted under conditions, as described above (b) of the territory (3)
referred to, referred to in this Law as "temporary urban planning permit".
(5) Whenever a planning permission is granted for development on the condition that this development will begin without
later than the time specified in the term and after the time thus specified begins any
development carried out in accordance with this license, the start of said development does not
constitutes a development for which the said license was granted.
(6) The Town Planning Authority may, whenever you consider this appropriate, to grant a planning permit
authorized development other than that which is not the subject of the application, and can at the same time
refuse the granting of the license for which the application was submitted.
(7) Whenever any license as mentioned in the paragraphs (6) is deemed to have been granted under the authority of
to which they have delegated powers, the granting of the license is void until this
approved by the Minister.
(8) Upon receipt of a written question accompanied or supported by such evidence or
proof and compliant with the obligation to deliver such notices as they wanted
demand, the Town Planning Authority may provide the person who submitted the question
expression of the preliminary views of the Authority on the proposals defined in the question by
development and indications of existing proposals for the preparation or modification of any plan
development. Such an expression of opinion does not constitute a planning permit, but is legally binding
the Authority or any of its officers for a period of one (1) year:
Of course that, the above-mentioned commitment of the Authority is canceled in case of conflict with the
provisions of the applicable development plan:
Provided further that, the expression of the Authority's views is provided within a period of time
one (1) month from the receipt of the written question, given that the question in question is one of interpretation
development plan, planned road network or other similar information:
Of course further that, in the event that for the expression of the above mentioned
opinions require further study or a site visit, this is provided within a period of three (3)
months or within a longer period, which is determined in writing by the Town Planning Authority, with the
consent of the applicant.
90/1972 134(I)/2015
Taking a Town Planning Decision
26.-(1) To reach an urban planning decision under this Law, the Town Planning Authority
takes into account the provisions of the applicable in the case of development plan as well as
any other material factor.
(2) The Council of Ministers may, by its decision, grant a planning permit by way of derogation
development plan, regardless of whether or not development has taken place, in exceptional and justified cases
in public interest cases or other special cases, which will be determined by Regulations
which are issued by the Council of Ministers and approved by the House of Representatives.
(3) Regulations which are issued under the subsection (2) of this article determine the manner
by which the power of the Council of Ministers shall be exercised and, in particular, possible to provide for
(a) The process, the conditions, the conditions, limitations and criteria, based on which
the authority of the Council of Ministers is exercised
(b) the establishment of a council, to advise the Cabinet when considering applications
for the granting of a planning permit in derogation of the development plan
(c) the imposition of fees for the examination of applications for the granting of planning permission against
deviation from the development plan
(d) the imposition of compensatory measures, which includes the rate transfer
building from another block or from a listed building
(e) their retroactive application in specially defined cases.
(4) Every decision of the Council of Ministers which is issued in accordance with the subsection (2) of the present
article is published in the Official Gazette of the Republic and sent for information to
House of Representatives.
90/1972 7/1990 72(I)/1998 59(I)/1999 142(I)/1999
Supplementary provisions regarding applications for planning permission
27.-(1) Any authority to grant a planning permit pursuant to this Law includes
authority to grant, upon receipt of a request to this effect, license to be maintained for further
period of erected buildings or executed works, or to continue using the property
property started in accordance with a temporary planning permit, also includes
power like, upon receiving a request for this exemption from the obligation to comply with
condition or conditions under which planning permission was previously granted.
(2) No application for a license under this article received less than three months
before the temporary planning permission expires, it is examined by the Planning Authority, I am only the
consent of the Minister.
(3) Any license granted under subsection (1) may be granted so as to receive
effective from the end of the period for which the development was authorized by
temporary planning permit.
(4) References in this Law to planning permission are interpreted as including permission
granted under the subsection (1).
(5) For the avoidance of doubt, no authority to which powers have been delegated
is considered as an acquired authority to grant licenses as per the territories (1) mentioned in relation
to restrictions or conditions imposed by the Minister in the granting of planning permission.
90/1972
Consequences of planning permission.
28. (1) Without prejudice to the provisions of this Part as to revocation or amendment
planning permission, any planning permission granted for the development of immovable property acts
for the benefit of said property, except to the extent that the license provides otherwise.
(2) The period of validity of the urban planning permit is defined by imposing an appropriate condition on it,
depends upon the nature and extent of the development and commences from the date of notification of
the granting of the permit, unless such condition is imposed, whereas the license is valid for a period of three (3)
years.
(3) The period of validity of the urban planning permit can be extended one or more times by
issuance of license extension approval, ex officio or upon submission of an application by its owner, for
period of time deemed justified at the discretion of the Town Planning Authority, provided that the
provisions of the published Development Plan relating to the immovable property of the development
remain unchanged, as it was on the date of the original permit, or development
for which permission was granted continues to be permitted after the Scheme has been amended:
Of course that, if the Town Planning Authority fails to respond to an application for approval
license extension within a period of three months from its receipt, approval is deemed to have been issued and
validity of the license is extended for a period of one year:
Provided further that, the provisions of this subsection are also applied in the event that the
provisions of the published Plan relating to the ownership of the development have been amended to
compared with the provisions in force at the time of the original licence, for any urban planning
permission, when the application is submitted no later than three months before the date
expiration of the license, if the Town Planning Authority finds that the works provided for in the permit
were executed to an irreversible degree, at its discretion, during the period of validity of the license:
Of course further that, with the exception of the previous reservations, the power of urban planning
license does not expire and can be extended ex officio or at the request of its holder in the following
cases:
(a) in order for planning permission for the opening or construction of a road and/or for the conversion
of a piece of land in a plot and/or for the division of land into plots, or even for permission which
includes a condition for granting part of the immovable property to the public, if the relevant
work did not begin during the validity of the permit, due to its untimely demarcation
property from the Department of Cadastre and Land Surveying, since the application for demarcation
submitted to the relevant department within a period of six (6) months from the date of issue
of license and has not been withdrawn since,
(b) in order for any other planning permit, if the matter and/or the works in which
states the license did not begin during the validity of the license, because it is pending before him
Rent Control Court proceedings to recover possession of the property in which
license is concerned, in accordance with the provisions of the Tenancy Laws 1983 up to 2007, since
this process started either before the license was issued or during its validity
license,
(c) in order for any planning permission, if the relevant work did not start on
duration of the initial validity of the license, due to non-response from the competent Department, Authority or Service
of the wider public sector, in a reasonable time, provided that a relevant application was submitted by
holder of the urban planning permit, to the relevant Department, Authority or Service within a period of nine (9)
months after the issuance of the planning permit and has not been withdrawn since then.
(4) When issuing license extension approval, the Town Planning Authority may modify or
remove any of the conditions of the license or impose any new condition it deems necessary, at
degree relating to the part of the development which has not been carried out.
(5) The planning permit, also taking into account the total duration of validity extensions
her, cannot be valid beyond eight (8) years in order for a residential unit and/or change
of use, beyond twelve (12) years in order for another building development and/or plot
growth of less than one hundred (100) units and beyond eighteen (18) of years for developments equal to or
greater than a hundred (100) units, from the date the initial license was granted:
Provided that with the exception of the above, the validity of a planning permit granted before
date of entry into force of the Urban Planning and Spatial Planning Act (Amendment) His law 2011,
including its extensions, it cannot be extended beyond ten (10) total of years
in order for a residential unit and/or change of use, over seventeen (17) total of years
in order for other building development and/or plot development of less than one hundred (100)
units, over twenty-three (23) total of years for deployments with a hundred (100) up to a hundred
ninety nine (199) units and beyond twenty-five (25) total of years for deployments equal to or
greater than two hundred (200) units, from the date the initial license was granted:
Provided further that, if after the extensions based on the provisions of the above paragraphs the validity
of the urban planning permit granted before the effective date of approx
of Town Planning and Spatial Planning (Amendment) His law 2016 expires before December 31st 2017,
may be further extended at any time before the end of the total validity period
her, as provided above, for an additional period of two (2) years in the case of a unit and
five (5) years in all other cases, provided that the relevant application is submitted at least three
(3) months before the expiry of the issued permit and that the development has been implemented
at least in percentage 30%.
Of course further that, for the purposes of this subsection, unit is considered a plot of land,
a residential unit or room in a tourist accommodation or nursing facility or similar
institution. For purposes of other deployments, such as commercial, leisure/entertainment facilities or
other similar specialized developments, the unit corresponds for each 60 m2 of useful area
of development.
(6) In the event of a decision by the Town Planning Authority, based on the provisions of this article, apply,
by analogy, the provisions of the article 31 of this Law, regarding submission of hierarchy
appeal against urban planning decisions.
90/1972 91(I)/1992 29(I)/2005 46(I)/2011 164(I)/2011 24(I)/2016
Register of applications for planning permission
29.-(1) The Town Planning Authority complies, in such a way as was determined by the Minister's Order,
register containing such data in relation to applications for planning permission submitted to
the Authority in question and with reference to urban planning decisions as it will be so determined.
(2) A duly certified copy of its entry in the register is proof that
consists of the development for which planning permission has been granted, of the conditions under which this
has been granted and in general the type of decision taken by the Town Planning Authority.
(3) Each register maintained pursuant to subsection (1) is available for inspection under him
common at all reasonable times, certified copies of entries therein are available on
payment of fees determined by Regulations.
90/1972
Referral of applications for planning permission to the Minister
30.-(1) The Minister may issue Orders such as applications for planning permission or approval of issues
reserved during the granting of planning permission referred to him instead of handling fate
under an authority to which powers have been transferred.
(2) Order issued under this article
(a) it can be given either to a specific authority to which they have been transferred
competences or generally towards the authorities to which competences have been transferred0
and
(b) may refer either to a specific application or to applications of a category defined in
the Command.
(3) Every application to which an Order issued under this article applies
is referred to the Minister for a decision in accordance with the terms of the Order.
(4) The Minister's decision on any request referred to him pursuant to this
article is final, and no authority to which powers have been transferred may
modifying or in any way altering the consequences of the Minister's decision or to
add something to them or subtract something from them.
90/1972
Hierarchical appeal against urban planning decisions
31.-(1) Whenever an application is submitted to the Planning Authority for planning permission for development
real estate property, or by any approval required by said Town Planning Authority
Development Decree, and the Town Planning Authority refuses to grant such permission or approval or
sponsor this conditionally, the applicant may, if his legitimate interests are violated by it
decision, including denial of authority as for the purposes of the article 28 definition
upon request submitted for this purpose, a period longer than three years, by
notification pursuant to this article to submit a hierarchical appeal to the Cabinet
Council.
(2) Whenever a hierarchical appeal is submitted pursuant to the subsection (1), the Council of Ministers may
to allow or reject it, or to annul or modify any part of the decision
regardless of whether the decision concerns this party or not, the application may be received as
if she had the first subject to this.
90/1972
Hierarchical appeal in case of failure to issue a planning decision..
32. Whenever an application is submitted to the Planning Authority for a planning permit, or by anyone
approval by the Town Planning Authority required under the Development Ordinance, then, sixth
if the Town Planning Authority within such deadline as it wished to be determined under the Development Decree
or within such extended period as may be agreed upon in writing at any time
between the applicant and the Town Planning Authority
(a) giving notice to the applicant about the decision on the application or
(b) give notice to him that his application has been referred to the Minister in accordance with
Orders were given pursuant to the article 30,
and the provisions of the article 31 apply in relation to the application as if the Town Planning Authority had
refuse the granting of the license or approval to which the application relates and as if notification
on the decision of the Town Planning Authority had been received by the applicant at the end of the
Development Decree of a fixed period or, depending on the case, at the end of it
said extended deadline.
90/1972
Revision of urban planning decisions in cases where compensation is required
33.-(1) The provisions of this article and article 34 are applied whenever, according to
provisions of Part Eight, one or more claims for compensation in relation to urban planning
decision were submitted or forwarded to the Minister, the de requirement or (if there are more than one
once) one or more of the claims were not withdrawn.
(2) If the Minister considers that a planning permit should be issued (whether unconditional or sub
your terms) due to the development of the property in question other than the development in which
withdraw the application for a planning permit, the Minister may issue an Order according to its provisions
of this Law shall apply with reference to the aforementioned application and the urban planning decision
(a) as if the application included an application for permission for that other development, the decision
included the granting of a planning permit (unconditional or, depending on the case, sub
the said conditions) for said development0 or
(b) as if the decision was the decision of the Minister and included undertaking an obligation to
granting of a planning permit (unconditional or, depending on the case, under the said conditions)
for this development,
as they wanted to be defined in the Order.
90/1972
Supplementary provisions regarding the revision of urban planning decisions
34.-(1) Before giving an Order pursuant to the article 33, the Minister gives a written notification about it
of his intended Order to the authority to which competences have been transferred and to a decision
of which this Order concerns, as well as to any person whom he submitted, and did not withdraw
since, claim for compensation in relation to the decision in question, if this is requested under the
authority to which powers have been transferred or of any such person as
mentioned above, the Minister provides each of them with the opportunity to submit representations.
(2) In issuing any Order pursuant to the article 33 the Minister takes into account the
affecting the intended development of a local context, including the generally prevailing one
use in case of contiguous or adjacent property, as well as any others
essential factor.
(3) When the Minister issues an Order pursuant to the article 33, gives this notice about the Order to
the authority to which competences have been transferred and to whose decision the Order concerns
as well as to any person whom he may have submitted, and has not withdrawn since, claim for compensation in
related to this decision.
90/1972
White Belts
35.-(1) For the purpose of protecting areas of natural beauty or special character,
guidance in the selection of sites for development and the promotion of policy understanding
planning control in certain areas, the Council of Ministers may issue a Decree
define any area (in this Law referred to as “White Zone”), within which a
existing uses should remain generally unchanged and further building works should
generally to be limited to those essential for the needs of the area in special reference, depending on her
case, to agriculture, forestry, the fishing, archaeology, tourism and
these.
(2) White Zone Horizon Ordinance refers to a map and includes a statement of the authorities which
are applicable from time to time on the control of development in the specific White Zone.
(3) For the avoidance of any doubt, the designation of White Zone does not exclude the submission of an application for
the granting of planning permission in relation to immovable property in the White Zone to
development were not in accordance with the policy statement included in the Decree.
90/1972 56/1982
Revoking or amending a planning permit
Power to revoke or amend planning permission
36.-(1) Without affecting the caveat in the territory (1) of the article 28, if the Town Planning Authority
considered that the development of any real estate property for which permission has been granted under it
of this Law will seriously affect the proper urban planning of the area, then the
Town Planning Authority may, in compliance with the following provisions of this article, by Decree
to revoke or modify the license to the extent it deems appropriate.
(2) Decree issued by virtue of this article under authority to which they have been transferred
powers does not acquire validity unless approved by the Minister0 and the Minister may
rejection or confirmation of any such Order submitted to him, not validating anyone
Decree may bring about such modifications as it deems appropriate.
(3) Where the Minister intends to issue or ratify an Order under this section or authority
to which powers have been transferred submit a Decree to the Minister for validation
under this article, the Minister or, depending on the case, the said principle
give notice to the owner and occupier of the affected property, as well as
to any other person who, in the opinion of the Minister, will be affected by the Decree, the
and these persons may make representations to the Minister in any way they wish
to be determined.
(4) Whenever the Minister issues an Ordinance pursuant to this article or whenever an Ordinance issued pursuant to
of this article is validated by the Minister, the Town Planning Authority delivers, according to
in a certain way, a copy of the Decree to the owner and occupier of the property
property to which the Decree refers.
(5) The power granted under this article to revoke or amend a development permit
of property may be exercised
(a) in case the permit refers to the execution of construction or other works, as
any time before these works are completed
(b) in case the license refers to a change in the use of any property
property, at any time before the change takes place:
Provided that the revocation or modification of a permit for the execution of construction or other works shall not
affects the part executed by the Minister before the issuance or ratification of the Decree
of these works.
(6) The owner or occupier of the affected real property, may submit hierarchically
an appeal to the Council of Ministers against the issuance or ratification of a decree under it
pursuant to this article.
(7) Whenever a hierarchical appeal is submitted pursuant to the subsection (6), the Council of Ministers may
to allow or reject this or to annul or modify any part of the Ordinance against
of which a hierarchical appeal was filed.
90/1972
Additional control powers
Decrees requiring the termination of use or the conversion or removal of buildings
or projects
37.-(1) If the Town Planning Authority considers, taking into account the planned development of the area
including provisions or any existing proposals for the preparation or modification of
development plan of the area as well as any other essential factor, that it is purposeful to
interest of the proper urban regulation (including their interests
amenities)
(a) as any use of real estate property is terminated, or as any conditions are imposed by
the continuation of the use of property property or
(b) as any buildings or works are converted or removed,
due to the fact that the use of this or, depending on the case, these buildings or these works
affect or will seriously affect the proper urban planning of the area, or
The Town Planning Authority may, by Decree, require the termination of this use or impose
such terms as would be defined in the Decree for the continuation of such use or, considering
of the case, to demand that such measures be taken for their conversion or removal
buildings or projects that wanted to be so defined.
(2) Despite the fact that no application to this effect has been submitted, Ordinance hereunder
of article may grant a planning permit for any development of the property owned in
which the Decree refers to, under such conditions as those who wanted to be defined in the Decree.
(3) The under the paragraph (2) delegated power includes a power of grant, by Decree
pursuant to this article, planning permission under such conditions as would be defined in
Ordinance
(a) for the maintenance of buildings on the property to which the Decree refers
of works erected or executed before the date on which the Ordinance was submitted
to the Minister or
(b) for the continued use of the property in question which started before the date
this one.
(4) Every Decree issued by virtue of this article under the authority of which they have
delegated powers does not acquire validity unless ratified by the Minister, who may
bring to this Decree such modifications as he deems expedient.
(5) By virtue of this article, the authority of the Minister to ratify a Decree under
amendments includes authority
(a) as an amendment to any provision of the Decree granting a planning permit, as
referred to in the following paragraphs (2) or in the territories (3)
(b) as included in the Decree the granting of any urban planning permit which will
could not be included in the Decree so it was submitted to the Minister.
(6) Where the Minister intends to issue or ratify an Order under this section or authority
to which powers have been transferred submit a Decree to the Minister for validation
under this article, the Minister or, depending on the case, the said principle
give notice to the owner and occupier of the affected property, as well as
to any other person who, in the opinion of the Minister, will be affected by the Decree, the
and these persons may make representations to the Minister in any way they wish
to be determined.
(7) Whenever the Minister issues an Ordinance pursuant to this article or whenever an Ordinance issued pursuant to
of this article is validated by the Minister, the Town Planning Authority delivers, according to
in a certain way, a copy of the Decree to the owner and occupier of the property
property to which the Decree refers.
(8) When the requirements of a Decree issued pursuant to this article entail the
displacement of persons residing within any premises, is a task of Urban Planning
Principle like, as long as there is no other accommodation suitable for their reasonable needs
of such persons available under reasonable terms, ensure the provision of such accommodation before
of the displacement of these persons.
90/1972
Preservation Orders
38.-(1) Subject to the provisions of this article, if the Minister considers it expedient as
provision for the maintenance of any specific building or any group of buildings or
of any special social area, architect, of historical or other interest or character
or natural beauty, the Minister may, for this purpose, issue a Decree to this effect (in the
this Law referred to as the “Detention Order”), forbidden, under such exceptions
would have been provided for in such Decree, the conversion of this or any building work
on it (in the present article and in the article 57 referred to as "the works") I consented
of the Minister and under such conditions those who wanted to be appointed therein.
(2) Pan Order of Preservation by virtue of the subsection (1)
(a) is issued in accordance with Regulations issued pursuant to this Law
(b) defines the specific building, group of buildings or area in reference to which
is also issued, in general, the special social, architect, historical or otherwise
interest or character or natural beauty thereof
(c) may provide for the application, in relation to the above (1) mentioned
consent of the Minister and the applications for such consent, of any of its provisions
of this Law which refer to a planning permit, under such adjustments and
conversion that would be defined in the Decree
(d) may provide for the measures that must be taken against any person by
the maintenance of any real property to which this refers.
(3) When a Preservation Order is issued, the following provisions apply, namely
(a) the issuance of the Preservation Decree is notified in the manner it was intended to be determined
(b) objections and representations with reference to such Decree may be formulated as
of any person whose legitimate interests are violated and to be submitted against
in such a way and within such a period as may be determined
(c) the Council of Ministers examines the issue and any objections and representations
submitted with reference to the Decree and may ratify this Decree, or without
amendment or under such amendments as the Council of Ministers wanted to consider
purposeful, or to refuse the validation thereof.
(d) upon the ratification of the Preservation Decree, copy thereof, together with details of the property
property to which it refers, sent to the District Lands Officer
of the province in which such property is situated, and the ratification is communicated accordingly
way he wanted to be determined.
(4) When the Conservation Decree was ratified by the Council of Ministers, no one is allowed as
execution of any works on any real property to which this Decree refers
without prior application, submitted in the way he wanted to be determined, for this purpose
consent of the Minister which is mentioned in the paragraph below (c) of the territory (2), of receiving said
consent and compliance with any terms defined therein:
It is understood that nothing contained in the present paragraphs renders the execution illegal
of any works which are urgently necessary in the interests of safety or health or
to preserve the immovable property to which the Preservation Decree refers or
neighboring property, as far as written notification about the intended execution of the works
of these shall be given to the Minister as soon as possible after the need for their execution arises
of these projects.
(5) A Preservation Order is not issued with reference to any immovable property which
constitutes an ancient monument or in such a way as to affect the responsibilities of any person or
authority under the Antiquities Law or any law amending or replacing it
or of any Regulations issued or other Administrative Act made pursuant thereto.
90/1972
Tree Protection Ordinances
39.-(1) Subject to the provisions of this article, if the Minister considers it expedient to
the interest of the area attractors as a provision for the preservation of any particular
tree or any group of trees or forests in any area, the Minister may to
for this purpose to issue a Decree to this effect (in this Law referred to as “Decree
Tree Protection"), forbidden, under such exceptions as were provided for in the Decree, her
cut off, acrotomy, pruning or voluntary destruction of these with the consent of the Minister and under
such terms as would be defined therein.
(2) Pan Tree Protection Ordinance pursuant to the subsection (1)
(a) is issued in accordance with Regulations issued pursuant to this Law
(b) defines the specific tree, group of trees or forest in reference to which or the
which is issued
(c) may provide for the application, in relation to the above (1) mentioned
consent of the Minister and the applications for such consent, of any of its provisions
of this Law which refer to a planning permit, under such adjustments and
conversion that would be defined in the Decree
(d) may provide for the measures to be taken against any person by
ensuring replanting, in such a way that he wanted to be defined under or by virtue of him
of that Decree, of any part of the forest area which is deforested during the execution
forestry works permitted under or by virtue of that Decree.
(3) When a Tree Protection Ordinance is issued, the following provisions apply, namely
(a) the issue of the Tree Protection Ordinance is notified in the manner it was intended to be determined
(b) objections and representations with reference to such Decree may be formulated as
of any person whose legitimate interests are violated and to be submitted against
in such a way and within such a period as may be determined
(c) the Council of Ministers examines the issue and any objections and representations
submitted with reference to the Decree and may ratify this Decree, or without
amendment or under such amendments as the Council of Ministers wanted to consider
purposeful, or to refuse the validation thereof.
(d) on the ratification of the Tree Protection Decree, a copy of this shoulder after her details
of the property to which it refers, is sent to the Provincial Land Registry
Official of the province in which such property is located, and the ratification is notified by
that's the way he wanted to be defined.
(4) When the Tree Protection Ordinance was ratified by the Council of Ministers, no one is allowed
such as attempted excision, acrotomy, pruning or willful destruction of any tree in it
which this Decree refers to without prior request, submitted in any way he wanted
to be determined, with the Minister's consent to this effect, which is mentioned in the paragraph above (c) of
of territory (2), of receiving said consent and compliance with any of those defined therein
conditions:
Of course that, without prejudice to any other exceptions that may be provided under
of that Decree, none of what is contained in the present paragraphs shall apply to it
cutout, pruning or pruning of dried or desiccated or standing trees
dangerous, or clipping, cutting or pruning of any trees for the execution of any
obligations imposed under or by virtue of a law or insofar as it may be necessary for it
prevention or cessation of nuisance.
(5) A Tree Protection Ordinance is not issued for any forest land which is under the
administration of the Government.
90/1972
Ad control
40.-(1) Subject to the provisions of this article, Regulations pursuant to this Law
provide for the limitation or regulation of the display of advertisements as long as the Minister decides
this purposefully in the interest of the aesthetic appearance of the area or public safety.
(2) Without affecting the generality of the paragraph (1), any such Regulations may
prediction
(a) regarding regulation of dimensions, of the appearance and location of the advertisements which
may be exposed, of the spaces on which advertisements may be displayed and the manner
during which they will be fixed
(b) on the imposition of obligations as the consent of the Town Planning Authority is obtained for it
advertising exposure in general, or advertisements of any category defined in the Regulations
(c) about the recommendation, for the purposes of the Regulations, of such advisory committees etc
wanted to be determined under the Regulations, and on the determination of the manner in which it will
the expenses of any such committee shall be paid.
(3) Regulations issued for the purposes of this article may be different
forecasts in relation to different areas, in particular they cannot foresee specifically in relation
to areas designated for the purposes of the regulations as areas of special control, you either
agricultural or non-agricultural areas which the Minister considers as benefiting from special protection
thanks to their elegant appearance0 without affecting the generality of the previous ones
provisions of this paragraph, the Regulations may prohibit any such
display area of ​​all advertisements except advertisements of such categories as may be specified in
the Regulations.
(4) Areas of special control for the purposes of Regulations issued pursuant to this article
may be defined either in reference to provisions contained for this purpose in development plans
or by Decrees issued or approved by the Minister in accordance with the provisions of
Regulations.
(5) Whenever the Minister is authorized under the Regulations to issue or approve any such
Ordinance as above (4) referring, the Regulations provide for publication
notification of the intended Decree in the manner determined under the Regulations and
the examination of such representations or they wanted to be so determined, before the Ordinance is issued or approved.
(6) Regulations issued pursuant to this article may be issued in such a way as to
are applied to advertisements displayed on the date of entry into force of the Regulations or
on the display of advertisements using any space used for this purpose
on said date any, however, Regulations issued in accordance with the present
section provides for an exemption from them
(a) of the continued display of any such advertisements and
(b) the continued use of any such space for the display of advertisements,
during this time period whoever wanted to be determined for this purpose under the Regulations, various things
periods of time may thus be determined for the purposes of various provisions of
Regulations.
90/1972
No planning permission applications are required for advertisements
41. When the report of advertisements in accordance with Regulations issued pursuant to the article 40
implies property development, planning permission for the development is considered as
granted pursuant to this article and no permit is required for this pursuant to the previous ones
provisions of this Part.
90/1972
Due maintenance of unused property, etc.
42.-(1) If the Town Planning Authority considers that the aesthetic appearance of any area is impaired
seriously from the condition of any garden, redeveloped plot or other unfenced or not
property in this area, the Town Planning Authority may serve the owner and
to the owner of the immovable property notice required within this period of time
who wanted to be specified in the notice to take such measures to stop the damage who wanted
so defined.
(2) Notification pursuant to this article takes effect upon the expiration of such period
space if they wanted to be defined in it.
90/1972
Agreements regulating the development or use of real property
43.-(1) The Minister or authority to which powers have been transferred may conclude
agreement with any person having an interest in immovable property with reference to it
development or use of the immovable property either permanently or during such time
period of time that was to be determined under the agreement, and any such agreement may contain
such incidental or consequential provisions (including financial provisions
character) which the Minister considers necessary or expedient for the purposes of the agreement and for it
enforcement of its terms on the person entering into the agreement and on those excluded from it
real right of persons.
(2) None of the provisions contained in this article or in any agreement made pursuant thereto
is interpreted
(a) as limiting exercise, in relation to the immovable property which constitutes the
subject of any such agreement, of any powers which may be exercised
under the Minister or the Town Planning Authority pursuant to this Law0 or
(b) as requiring the exercise of any such powers.
90/1972 39(I)/2015
Supplementary Provisions
Application to determine whether planning permission is required
44.-(1) If any person who has performed or intends to perform any work on
real estate property, or which brought about or is intended to bring about any change in use
real estate property, desire to determine if the execution of these tasks or this change
fails or will fail or has resulted or would result in development of the real property and, if so
have the thing, if it may be required or required, under this Part, applications for
planning permission for this purpose, may submit an application to the Town Planning Authority to
determination of this issue.
(2) By virtue of the verse (1) application is referred to in this Law as "application for determination" or
on this decision of the Town Planning Authority as "determination".
(3) The provisions that refer to applications for planning permission and decision-making
on such applications apply, subject to the necessary modifications, in relation to anyone
application pursuant to the present article and to take a decision on it.
90/1972
Right to legal action
45. Any person affected by a decision or decree of the Minister made in accordance with
the provisions of the articles 28 and 37 or by decision or decree of the Council of Ministers
in accordance with the provisions of the articles 31, 38 and 39 or from any decision made under
Town Planning Authority in accordance with any provision of this Law may offend it
such decision or order to the Supreme Court.
90/1972
Temporary provisions for licensing of existing buildings or plots under construction.
45A. (1) For the purposes of this article
“self-contained and/or convenient fruiting” in relation to an existing building or development or to a unit in a building
or with land, means the condition existing in a building or division of plots in which, if
and the construction or separation has not been completed in accordance with all the conditions of the issued
license, the Town Planning Authority finds its satisfactory independent operation and service
building or the unit or the plot, irrespective of:
(a) the completion and operation of any other unit of the building or the completion
of plot separation, or
(b) any defect or deficiency or irregularity or illegality in another unit of the building or another
plot of separation.
"Commission" [Deleted]∙
"irregularity" in relation to an existing building or execution of works for conversion or division
of any immovable property on plot/s, means failure to comply with plans or any of
the terms of the permit granted for the building or the plot or the extension or addition, her
change of use of the whole or part of the development or the conversion of the building, in violation of
approved plans and the conditions imposed before the entry into force of the Urban Planning Act
and Spatial Planning (Amendment) His law 2011∙
"plot under development" means a piece of land resulting from the conversion or division
of immovable property on a plot of land or on separate plots of land following a planning permit in force pursuant to
of this Law or a subdivision permit pursuant to the Roads and Buildings Regulation Law, of mind
that on the date of entry into force of the Urban Planning and Spatial Planning (Amendment)
His law 2011 curbs have been installed, the roads are conveniently usable by vehicles and
the area measurement of the plot or plots has been confirmed by a competent person and for which
no certificate of approval has been issued by the competent authority.
"existing building" means a building or complex of buildings consisting of one or
more than one units and/or parts thereof existing on the date of its commencement
of Town Planning and Spatial Planning (Amendment) His law 2011, have been erected since
urban planning permit and/or building permit issued in accordance with the provisions of
Regulation of Roads and Buildings Law and essentially have been completed and occupied or possible to
are owned independently and have a comfortable fruition, provided that their licensing was not done
in derogation of the provisions of the Development Plan, and concern the following:
(a) residential and holiday developments;
(b) tourist accommodation;
(c) small scale commercial developments not exceeding 1000 sq. m.
(d) mixed residential/holiday and commercial development, since the residential/holiday place
prevails over the entire development.
(2) Without affecting the provisions of this Law or the Regulations issued pursuant to it,
planning permission in derogation of the provisions of the applicable one, case by case, Development Plan
may be issued for an existing building or works carried out before the date
of the entry into force of the Urban Planning and Spatial Planning Act (Amendment) His law 2011 for conversion
or division of any immovable property into plot/s upon application being made, by virtue
of Town Planning and Spatial Planning (Applications and Hierarchical Appeals) Regulations, like them
are modified or replaced from time to time, in a special form for this purpose, in cases during
which said works or construction present irregularities specified in the subsection (3), after
by decision of the Town Planning Authority.
(3) Subject to the other provisions of this article, planning permission according to
this article may be issued for irregularities which do not affect the amenities of the area and
of the residents, nor the aesthetic image and character of the area, and which
(a) regarding existing buildings, it is:
(i) additions or alterations, which entail an increase in the approved buildable area
of the entire building but also of individual units up to a maximum percentage 30%,
provided that the increase relating to irregularity outside the approved shell of the building
does not exceed 10%. Individual units or common areas may have an increase
of the approved buildable area by a maximum percentage up to 30% regardless of whether
are located inside or outside the building envelope, since overall the increase of the approved
of the buildable area of ​​the entire building outside its approved shell, not
exceeds by a maximum percentage the 10%, and/or
(ii) increasing the height or the number of floors or the percentage of coverage, and/or
(iii) different layout within the plot under development, and/or
(in)non-observance of the minimum permitted distance from the boundary of the piece or non-observance
of the required distances between buildings, and/or
(n)change of use of small-scale developments in case the new use is more
desirable and does not increase the negative impacts on the host area from the
approved use,
(b) in terms of development which is related to land development, is a substantial reduction in
dimensions and the area of ​​the plots, by percentage up to 20% of the area resulting from
the allowed building factor in the respective zone,
(c) regarding both (a) and (b) cases mentioned above, is an omission
construction of part of the development or incorrect construction of infrastructure projects foreseen by
license or non-grant or incomplete grant to the public of the premises for which they were raised
relevant conditions in the license or operating arrangements or the number of parking spaces, in
percentage up to 10% of approved premises:
Of course that, in all the cases mentioned above, positive decision of the Town Planning Department
Authority can be obtained, for all or part of the development, only if the
standalone operation, the comfortable possession and fruition of the development or individual unit in
development, the amenity of the area or neighboring properties is not materially affected:
Provided further that, applications concerning irregularities which are consistent with their provisions
Development Plans and it is possible for a relevant application to be studied by the Town Planning Authority and to
treated favorably, they will not be studied based on the provisions of Town Planning and
Spatial planning (Amendment) His law 2011.
(4) A planning permit in accordance with this article may be granted as if it were in force
last urban planning permit or building permit that were issued earlier and have expired.
(5) The one referred to in the paragraph (2) application is submitted by the license holder or in case of refusal
or unreasonable delay of the licensee, by any person having an interest in
building and accompanied by architectural and/or other plans, in which the building or the
plot as approved on the basis of permission granted, architectural and other plans in which it appears
the existing situation immediately before the effective date of the Town Planning Act and
Spatial planning (Amendment) His law 2011 and future variations, as well as the
rights specified for submitting an application for a planning permit, according to them
on Town Planning and Spatial Planning (Rights) Regulations :
Of course that, the application is submitted by December 31 2015, provided that relevant statement
of intention to submit the application is submitted to the Minister of the Interior by April 30
2014 in special forms according to the type determined by him, together with a responsible declaration of the applicant, with her
which ascertains that the building or subdivision for which the declaration is submitted, it was
existing on the above date:
It is further provided that in case the licensee does not submit the referred to
prior reservation application, the provisions of the article will be applied 48(A).
(6) Application made pursuant to this article, is examined by the Town Planning Authority.
(7) The Town Planning Authority, in appropriate cases, informs real estate owners that
potentially affected by the application under consideration, to submit their views, which
are taken into account when making its decision.
(8) The Town Planning Authority may request any additional documents from the applicant
those specified in the paragraph (5), which in its judgment are necessary for its examination
application.
(9) [Deleted].
(10) [Deleted].
(11) [Deleted].
(12) [Deleted].
(13) [Deleted].
(14) The Town Planning Authority may reject the application or grant a town planning permit, according to
with the application or based on modifications that it will require under the necessary terms and conditions.
(15) Without affecting the generality of the paragraph (14), in the decision of the Urban Planning Authority is
possible to determine, among others, reserved matters to remove certain irregularity in tact
period of time, potential compensations or recommendation for the imposition of an administrative fine, against
analogy with the procedure provided for in the article 48(A) of this Law, at the absolute discretion
her:
Of course that, the Urban Planning Authority when issuing its decision, not hindered by contingencies
immovable property irregularities, which are not the subject of the application and the decision
it is possible that it also concerns the irregularities in question.
(16) In case the decision is positive regarding the granting of the planning permission, but the
this license cannot be granted due to any irregularity due to someone other than
applicant person, the Urban Planning Authority may take any action against the person responsible for the irregularity,
at its discretion, enforcement measures provided for in Part Six of this Law or
impose an administrative fine not exceeding seventeen thousand euros (€17.000,00) and, in
case of continued irregularity or non-compliance, administrative fine not exceeding one hundred
seventy euros (€170,00) for each day that the violation continues, complying with the provisions
of article 48A of this Law:
Of course that, in such a case it is possible to grant the license under the condition of its withdrawal
irregularity, in a period of time specified in the urban planning permit by the Urban Planning Authority:
Provided further that, any decision of the Town Planning Authority made pursuant hereto
article, is published by the Town Planning Authority on its website.
(17) Any person who has committed an irregularity according to the provisions of this Law, is guilty
offense and is liable, in case of his conviction, to a fine not exceeding three
thousand four hundred euros (€3.400,00) and, in the event of continued irregularity or non-compliance, in
fine up to three hundred and forty euros (€340,00) every day, subject to his provisions
article 48.
(18) Any person who:
(a) obstructs any person in the exercise of his powers or in the execution of them
duties under this Law or willfully interferes with such exercise or execution, or/
and
(b) to his knowledge makes any false or inaccurate statement in any document which
made or provided under this Law or for the purposes thereof, and/or
(c) omits or refuses to provide or present any information, status or otherwise
document required under this Law or for its purposes, is guilty of an offence
and is subject to, in case of his conviction, to imprisonment not exceeding four (4) months or
to a fine not exceeding one hundred and seventy euros (€170,00) or to both sentences
subject to the provisions of the article 87 of this Law.
(19) Any person who:
(a) carry out any development or act or act or permit to be done any
development or act in violation of this Law or for its purposes, and/or
(b) fails to comply with any obligation or condition imposed under it
of this Law or to perform any act or work while it was required to act by force
of this Law or for its purposes, is guilty of an offense and liable, in case
his condemnation, to imprisonment not exceeding six (6) months or to a fine which does not
exceeds eight hundred and fifty euros (€850,00) or to both sentences subject to provisions
of the article 87 of this Law.
(20)(a) Planning permission granted in accordance with this article, which concerns exceeding it
approved building factor beyond that allowed in the respective Development Plan, is granted
only if seventy percent (70%) of the value of the development area beyond it
allowed is offset in one of the following ways:
(i)
by payment of a sum of money equal to the value of the land corresponding to
additionally, in excess of the applicable building factor or the building factor which
was in force at the time the license was granted, whichever is its largest area
construction; or
(ii) by transferring a building factor from another piece of land (donor piece), which
granted to the public and located in a designated development area, which should
it is suitable from an urban planning point of view to be used to upgrade the conditions
of living in the development area:
Of course that, in case the grant of the donor piece to the public is not
objectively possible, then the transfer of the building factor is allowed, provided that
the proportional area of ​​the donor plot is legally bound:
Provided further that, the value of the donor piece that is pledged or granted to the public
will be equal to the value of the land corresponding to the excess of the buildable area in
piece under development, as it is calculated according to the paragraph (b) of this paragraph∙
or
(iii) by transferring the building factor from a listed building, or from another block
in accordance with the respective applicable legislation:
Of course that, the above compensations may be paid by its owner
of real estate or a person who has an interest in the building or part of a building,
before applying for a building permit.
(b) According to the subparagraph (i) of the paragraph (a) value of the land is calculated by the applicant and
controlled by the Town Planning Authority, based on estimated values ​​by area and use that
prepared by the Director of the Department of Cadastre and Land Surveying for the purposes of
of Town Planning and Spatial Planning (Amendment) His law 2011, which are included in
decree issued by the Minister of the Interior and published in its Official Gazette
Democracy.
(c) For applications submitted by December 31 2012 a reduction in the requirement for
hedge against 20%, and for applications submitted by December 31 2013, will
a reduction in the requirement for hedging applies 10%.
(21) In addition to the provisions of sub (20), in appropriate cases during administration
planning permission based on this article, it is possible to impose them, for restoration
potential consequences of the development, compensatory measures, especially for the purposes of its protection
local environment, restoration of the planned development densities in the wider area
area of ​​development, replacement or enrichment of natural resources that may be affected,
improving the quality of the development itself and ensuring the necessary infrastructure.
(22) The compensatory measures which may be imposed under sub (21) it is possible to
include, among others, road network improvement projects, sidewalk, cycle path and/or
other free space, including the necessary equipment in the immediate area,
securing another piece as open public space, formation of an existing open public
space, provision of community facilities and services and provision of public parking spaces.
(23) Planning permission granted in accordance with this article, for approval of irregularities which
relate to the non-application or improper application of conditions of an issued urban planning permit or permit which
is issued on the basis of the Law on the Regulation of Roads and Buildings related to the construction of projects
infrastructure, may be granted under the following alternative conditions:
(a) The construction of the necessary infrastructure projects within a deadline to be determined by the
Urban Planning Authority∙
(b) the payment of a sum of money equal to the cost of construction of the necessary works
infrastructure to the local authority concerned:
Of course that, said amount is deposited in a Special Fund of the local authority concerned and
is used exclusively for the construction of the necessary works, as provided in the paragraphs
(21) and (22).
(24) Planning permission granted in accordance with this article, whether it concerns the whole or
part of specific development, has the same force and legal effect as the planning permit which
granted in accordance with the provisions of the subsection (2) of the article 26 of this Law and is considered as well
as a license for extensions, additions, change of use or alterations to an existing building or
variations in plots under construction:
Of course that, in the case of a jointly owned building, the value resulting from said irregularity in
any unit that is legalized is not taken into account in calculating the unit share
in the jointly owned property, but without affecting any obligation to pay
utilities and any tax that is borne by said property:
Provided further that, for an application for a planning permit which is considered in accordance with
this article royalties are paid, by analogy, with the relevant provisions in force
Regulations.
46(I)/2011 130(I)/2011 33(I)/2012 110(I)/2012 150(I)/2012 65(I)/2013 39(I)/2015
Temporary provisions for non-conduct of work of the Common Council
45B. In respect of a Local Plan or Area Plan in respect of which it is in progress
amendment or drafting process, but the work of the Common Council has not begun, the
these works cannot be carried out, regardless of whether the members of the Common Council
have been appointed by a relevant decision of the Council of Ministers:
Of course that, in cases where the work of the Common Council has begun, are completed
in accordance with the provisions of articles 12A and 12B which are repealed by the Urban Planning Act and
Spatial planning (Amendment) His law 2014.
120(I)/2014
Part Six ENFORCEMENT OF PLANNING CONTROL
Enforcement in cases where planning permission is required
Power to serve enforcement notice
46.-(1) Subject to the following provisions of this article and, in the case of principle of
to which they have delegated powers, of any Order issued by the Minister, whenever the
Urban Planning Authority considered that
(a) any property development carried out without the granting of planning permission
required for this purpose in accordance with the Fifth Part or
(b) any conditions or restrictions under which planning permission had been granted did not
were observed,
then the Town Planning Authority may, if he considers this appropriate in the interest of the party
urban regulation, to serve notice pursuant to this article (in the present Law
referred to as an “enforcement notice”).
(2) When the Town Planning Authority issues an enforcement notice, the notice
(a) is delivered to the owner and to the occupier of the immovable property to which it belongs
is mentioned0 and
(b) can, if the Town Planning Authority deems it necessary, to be granted likewise to anyone
another person having an interest in the property, which is essentially an interest
affected, in this judgement, under notice.
(3) The enforcement notice
(a) defines the nature of the development which is alleged to have been carried out without it
granting a planning permit as mentioned in the paragraph above (a) of the territory (1) or, considering
of the case, the points in respect of which there is a claim that any conditions or limitations as
I am writing it down (b) of the mentioned paragraph were not observed0 and
(b) may demand that within such a period that he wished to be so determined that such
measures required to remove the unauthorized development and, in
appropriate cases, the restoration of the immovable property to the state it was in
before or in respect of which the alleged unauthorized development took place or, depending on her
case, ensuring compliance with conditions or restrictions, especially not
can, for this purpose, to require the demolition or conversion of any buildings
or projects, the termination of any use of real property or ownership of real property
execution of any building or other works.
(4) Subject to the following provisions of this Part, enforcement notice takes effect against
the end of the deadline that was set in the notification.
90/1972
Hierarchical appeal to the Minister against an enforcement notice
47.-(1) A person served with an enforcement notice or any other person having
interest in real estate ownership may, at any time within the deadline set
in the notification as the deadline at the end of which the notification will take effect, to submit
hierarchical appeal to the Minister against the notification for any of the following reasons,
namely
(a) that planning permission was granted for this development
(b) that he did not request a planning permission for the development of this or, depending on the case, that
the conditions under which planning permission was granted for this development were observed
(c) that what is considered as development in the enforcement notice is not ineffective or consequential
development
(d) that the requirements of the enforcement notice exceed what is necessary for its reinstatement
property in this condition before the development in question took place
country or, depending on the case, to ensure compliance with the terms or
restrictions referred to in the enforcement notice
(e) that notice was not served on the owner and occupier of the property.
(2) Any hierarchical appeal pursuant to this article shall be submitted to the Minister by
letter of notification in which the exact reasons on which it is based must be indicated.
(3) When a hierarchical appeal is submitted pursuant to this article, the enforcement notice remains
without effect until a final decision is issued thereon or the hierarchical appeal is withdrawn, with exception
that part of the notice relating to the demand for the termination of any building or other
tasks.
(4) Upon the submission of a hierarchical appeal pursuant to this article, the Minister may correct
any irregularity, defect or error in the enforcement notice if satisfied that the irregularity, the
defect or mistake is not material, he can't, if satisfied that the rights of any
of a person entitled as the notice was served to him are not seriously prejudiced by this, to
ratify the notice despite the fact that it was not delivered to its owner and possessor
real estate property.
(5) Upon making a decision on a hierarchical appeal pursuant to this article, the Minister
gives orders for the execution of his decision, including, in cases like this
must, of orders to cancel the enforcement notice for the benefit of the applicant and the
issuance of an unconditional or conditional planning permit.
90/1972 29(I)/2005
Penalties for non-compliance with an enforcement notice
48.-(1) Subject to the provisions of this article, whenever an enforcement notice is served on
person who was its owner at the time of the notification being served on him
property owned to which the notification refers, then if any measures required under
of the notification as received (others or the termination of the use of the real property) i don't have
received within the deadline provided for compliance with the notice, this person
is guilty of an offense and is liable on conviction to a fine not exceeding two
thousands of pounds.
(2) If a person against whom legal action is taken under sub (1) had, according to
time before the expiry of the deadline provided for compliance with the notice, stop to
is the owner of the property property, this person is entitled, after giving to the category
not less than three days' notice of his intention to obtain an extradition order
before the Court in the case of the person who then became the owner of the property
property (herein referred to as “the subsequent owner”).
(3) If, after it has been shown that any measures required under the enforcement notice have not been taken
within the deadline provided for compliance with the notice, the original defendant
proof that the failure to take these measures was necessary, in whole or in part, in his absence
subsequent owner
(a) the subsequent owner may be convicted of the offense and
(b) the original defendant, if it further proves that they took all reasonable steps to
ensure compliance with the enforcement notice, is acquitted of the offence.
(4) If, after the conviction of a person under the previous provisions of this article,
this person has not done everything practically possible at the earliest,what depends on it to
ensuring compliance with the enforcement notice, is this guilty of a further offense and
subject to a fine not exceeding two hundred pounds for each
the day after the first conviction of him for any of the requirements of the notification
enforcement (changes or the termination of the use of property property) remain unfulfilled.
(5) Osaki, by virtue of an enforcement notice, the termination of the use of property is required or n
compliance with any conditions in relation to the use of property or in relation to the
execution of work on it, then if they use the immovable property or act or permission
as it was used, or performing such work or acting or permitting such
execution, in violation of the notification, he is guilty of this offense and subject to the
sentencing him to a fine not exceeding two thousand pounds , if the use continues
after conviction, is guilty of a further offense and is subject to a fine
a penalty not exceeding two hundred pounds for each day during which the use continues.
(6) Any reference in this article to a deadline is provided to comply with
enforcement notice is a reference to the deadline set in the notice to
compliance with this or that deadline was extended if the Town Planning Authority wanted to provide
to comply with the notice.
(7) Subject to the provisions of the paragraph (3) of the article 47, the deadline to comply with
enforcement notice begins on the date on which the notice takes effect.
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Administrative penalty for breaching an enforcement notice.
48(A). (1) In the event of breach or failure to comply with an enforcement notice served pursuant to
of the provisions of this Part, the Town Planning Authority may impose on the violator, independently
whether or not there is a case of criminal liability under this or another Law, administrative
fine depending on the nature, the gravity and duration of the infringement, but which in none
case may exceed ten thousand pounds and, in case of continuation of the divorce
breach or non-compliance, administrative fine of up to one hundred pounds for each day that the
infringement or non-compliance after the date of notification of the imposition of the initial fine,
depending on its severity.
(2) The provisions in the paragraph (1) administrative fines are imposed on the offender, with reasoned
decision of the Town Planning Authority confirming the violation, after hearing or giving opportunity to
offender or his representative to be heard orally or in writing.
(3) A hierarchical appeal is allowed against the decision to impose an administrative fine
before the Minister, within a period of thirty days from the notification of the decision to
offender.
(4) The Minister before whom the hierarchical appeal is brought may issue one of the
following decisions:
(a) to validate the contested decision; or
(b) annul the contested decision; or
(c) to modify the contested decision; or
(d) to issue a new decision to replace the contested one.
(5) The amount of the administrative fine is collected by the Town Planning Authority when the
to file an appeal before the Supreme Court a period of seventy-five days from
the notification of the decision to impose the administrative fine or in case it is exercised
hierarchical appeal before the Minister in accordance with subsection (3), from its notification on it
hierarchical appeal of the Minister's decision.
(6) In case of failure to pay the administrative fines imposed under this subsection,
the Town Planning Authority takes legal action and collects the amount due as a municipal debt
due to the Republic.
29(I)/2005
Execution by the Urban Planning Authority of works required under the enforcement notice
49. If, within the deadline specified in the enforcement notice or such extended deadline
if the Town Planning Authority wanted to provide, any measures required under the notice such as
be taken (others or the termination of the use of real property) not yet received, Urban planning
Authority may enter the property and take these measures, may not
recovery than the person who was then the owner of the immovable property of anyone
expenses to which it was reasonably submitted for this purpose:
It is understood that the Town Planning Authority is not allowed to enter
(a) in any residence without a duly reasoned court warrant
(b) in any building, another or residence, if the owner is not given eight days
written warning about the intended entry
(c) to any other immovable property if not given to the owner of that one day
written warning of the intended entry,
unless the holder consents in writing to such entry.
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Supplementary provisions regarding enforcement notices
50. Any expenses to which the owner or occupier of any immovable property has been subjected
for the purpose of complying with any enforcement notice served in relation to
any development and any sums paid by the owner of any property
ownership under the article 49 in relation to expenses to which the Town Planning Authority was submitted
in taking measures required to be taken under such notification shall be considered as expenses
carried out or amounts paid for use and at the request of the person under whom it was carried out
the development.
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Consequences of planning permission upon enforcement notice
51.-(1) If, after the service of the notice of enforcement, granted planning permission for
maintenance of buildings or works on property, or for the continued use of the property
property, to which the enforcement notice refers, this ceases to be valid in its entirety
requires the taking of measures for the demolition or conversion of said buildings or works or, considering
of the case, the termination of said use.
(2) If, after serving an enforcement notice, granted a planning permit allowing it
maintenance of buildings or works, or the continued use of the property, without compliance
to the condition under which a previous planning permit authorized such development
had been granted, the enforcement notice ceases to have effect to the extent it requires action to be taken to
compliance with said condition.
(3) The previous provisions of this article do not affect the liability of any person
for an offense in relation to failure to comply with an enforcement notice before or the relevant
provision of the suspension notice in effect.
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Validity of enforcement notice against subsequent development
52.-(1) Compliance with Enforcement Notice, or in relation to
(a) the demolition or conversion of any buildings or works or
(b) the termination of the use of property property,
or in relation to any other requirements contained in the enforcement notice are not void
the enforcement notice.
(2) Without affecting the provisions of the paragraph (1), any provision in an enforcement notice
required as the use of real estate property terminated acts as requirements as said use
permanently terminated to the extent it violates Part Five, therefore not for any time
taking up the use in question after the agreement to impose a notice of its termination
is in this measure a breach of the enforcement notice.
(3) Without affecting the provisions of the paragraph (1), if any development is carried out on the property
property through the restoration or reinstatement of demolished or converted buildings or works
pursuant to an enforcement notice, the notification is considered, despite the fact that its terms are not
suitable for this purpose, as applied in relation to the restored or
restored building or works as applied in relation to the buildings or works before
demolishing or converting them, subject to the provisions of the subsection (4), its provisions
article 49 and of the article 50 therefore they are applicable.
(4) Osaki, at any time after an enforcement notice takes effect
(a) carry out any development on property owned for the purpose of restoration or restoration
of buildings or works demolished or converted in accordance with the notification0 and
(b) the Town Planning Authority intends, pursuant to the article 49, as taking any necessary measures
under the enforcement notice for the demolition or conversion of buildings or works as a result
of the restoration or reinstatement of,
the Town Planning Authority delivers, not less than fifteen days before receiving any
such measures, to the owner and to the holder of the immovable property notice about it
of this intention.
(5) You go, without granting a planning permit for this purpose, performs any development on
property owned by the restoration or reinstatement of demolished buildings or works or
converted in accordance with an enforcement notice is guilty of an offense and liable to
sentencing him to a fine not exceeding two thousand pounds, no one is liable
by virtue of any of the provisions of the paragraphs (1) up to (4) of the article 48 by omission of download
of any measures required as taken under notification of enforcement and recommended in
demolition or conversion of those thus restored or restored.
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Enforcement of control pursuant to the article 42
Penalties for failure to comply with notification were served pursuant to the article 42
53.-(1) The provisions of this article shall be applied whenever notice is given pursuant to the article 42
and the deadline within which the measures required under the notice must be taken
exhaled.
(2) If at any time after the expiry of this deadline any of the measures in question
has not been received and any person has committed an act resulting in the continuation or aggravation
the damage which is caused by the condition of the immovable property referred to in
notification, this person is guilty of an offense and is subject to a fine
fines did not exceed four hundred pounds.
90/1972 29(I)/2005
Execution by the Urban Planning Authority of works required under notice given pursuant to it
article 42
54. If, within the deadline set in the notice pursuant to the article 42 according to
territory (1) of the said article or such extended deadline if the Minister or the Town Planning
Authority wanted to provide, any measures required to be taken have not been taken, the Minister or
The Town Planning Authority may enter the property and take these measures, can
not to recover other than the person who is then the owner of the property owned by anyone
expenses to which it was reasonably submitted for this purpose:
Provided that the Minister or, depending on the case, the Town Planning Authority is not allowed to enter
(a) in any residence without a duly reasoned court warrant
(b) in any building, another or residence, if the owner is not given eight days
written warning about the intended entry
(c) to any other immovable property if he does not give to the owner thereof a day
written warning about the intended entry, unless the holder consents in writing to
such entry.
90/1972
Supplementary provisions regarding notices served pursuant to the article 42
55. Any expenses to which the owner or occupier of any immovable property has been subjected
for the purpose of complying with any notice pursuant to the article 42 and any amounts
paid by the owner of any property owned by virtue of the article 54 in relation to
expenses incurred by the Town Planning Authority when taking necessary measures such as
received under such notice shall be deemed to be expenses incurred or amounts paid to
use and the request of the person who acted or allowed so that the immovable property
return to the state it was in when the notice was served.
90/1972
Enforcement in other cases
Enforcement of Decrees issued pursuant to the article 37
56.-(1) When, based on a Decree pursuant to the article 37, the use of immovable property by anyone
purpose is required as terminated or any conditions are imposed for its continuation, then if
any person, without the granting of a planning permit for this purpose, use the property
property for this purpose or, depending on the case, use the immovable property
for this purpose in violation of the said conditions, or active or permit such as immovable
property used as such, this person is guilty of an offense and is liable, upon sentencing
to a fine not exceeding two thousand pounds if the use continues after the
condemnation, is guilty of a further offense and is subject to a pecuniary penalty upon conviction
exceeded two hundred pounds for each day during which the use continued.
(2) If within the deadline set for this purpose in the Decree under the article 37,
any measures required under the said Ordinance to be taken for the conversion or
removal of any buildings or works not yet received, the Town Planning Authority may enter, if
and this was required by the Minister's Orders to enter, within the property property and receive them
these measures:
It is understood that the Town Planning Authority is not allowed to enter
(a) in any residence without a duly reasoned court warrant
(b) in any building, another or residence, if the owner is not given eight days
written warning about the intended entry
(c) to any other immovable property if not given to the owner of that one day
written warning about the intended entry,
unless the holder consents in writing to such entry.
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Enforcement of Tree Protection Ordinance and Preservation Ordinance
57.-(1) Any person who acts in violation of the terms and restrictions of a Protection Order
Trees issued pursuant to the provisions of the article 39, subject to an administrative fine, which
does not exceed five thousand euros (€5.000):
Of course that, in a case where the violation of the Tree Protection Ordinance
consists of deforestation, group of trees or forest in respect of which the art
due decree, the Town Planning Authority has the power to require the replanting of an identical tree,
group of trees or forest, under such conditions as he deems necessary.
(2) In case of a Preservation Order issued pursuant to the provisions of the article 38, since o
owner of a building and/or group of buildings has carried out and/or is carrying out works against
violation of terms and limitations thereof and/or the Consent issued for this purpose, Urban planning
Authority has the power to issue an enforcement notice pursuant to the provisions of the article 46, to
requires the said owner to restore the building and/or group of buildings or it
area referred to in the relevant Preservation Decree in their prior state, as well as
the application of any of the provisions of this Part in relation to a served notice
enforcement, with the corresponding adjustments and modifications as defined in the relevant Decree
Conservation:
Of course that, in a case where the violation of the Preservation Order consists of
demolition of a building and/or group of buildings, the Town Planning Authority has the power to require the
restoring them to their previous form, stipulating the use of identical with the
demolished building materials and with an identical construction technique, as well as
any other conditions and/or restrictions it deems necessary to satisfy others in force
Laws and Regulations:
Provided further that, subject to the provisions of the article 49, the Town Planning Authority may,
if he deems it appropriate and/or necessary to voluntarily carry out restoration work
demolished building and/or group of buildings, subsequently not to take legal measures against
of the illegal to collect the amount paid for this purpose as civil debt due
in the Republic.
(3) Without prejudice to any conditions and restrictions placed on an enforcement notice served on
owner of a building and/or a group of buildings or an area in respect of which a Decree applies
Conservation, if while the relevant decree is in force, the said person
(a) has not shown due diligence for the preservation and/or maintenance of a building and/or
construction group, with the consequence that the said building and/or group of buildings collapse due to
poor maintenance, poor workmanship or as a result of adverse climatic conditions and/or otherwise
reason excluding natural disaster, is subject to an administrative fine not exceeding
the ten thousand euros (€10.000) for each building,
(b) has carried out and/or is carrying out works or has acted and/or is acting or has allowed
the execution of any works in violation of terms or restrictions of the current Decree
Conservation, is subject to an administrative fine not exceeding twenty thousand euros (€20.000),
(c) has demolished or allowed the demolition of a building and/or group of buildings,
is subject to an administrative fine which does not exceed that assessed by the Land Registry Department
and the spatial value of the building or fifty thousand euros (€50.000) for each building,
whichever of the two amounts is greater:
Of course that, the Town Planning Authority, may additionally submit to a competent court
unilateral application (ex parte), requesting the issuance of a restraining order for suspension and/or,
as the case may be, the definitive cessation of any in violation of the relevant
Preservation Order or relevant enforcement notice, ongoing projects:
Provided further that, in case of non-compliance and/or continuation of the established
violation following the imposition of an administrative fine based on the provisions of this article,
the Town Planning Authority may impose an additional administrative burden, which does not exceed
two hundred euros (€200) for each day that said violation continues, taking into account the
nature, the gravity and duration of the offense committed.
(4) The Urban Planning Authority proceeds to impose an administrative fine based on the provisions herein
article with its reasoned decision, having previously afforded the opportunity to the offender or to
his representative to submit representations, in writing or orally, within a set deadline.
(5) Any administrative fine imposed pursuant to the provisions of this article, collected from
the competent authority if the appeal to be filed before the Administrative Board has not been implemented
Court deadline of seventy-five (75) days, calculated from the date
notification of the decision to impose an administrative fine on the affected person.
(6) In case of failure to pay the amount imposed under the provisions of this article
administrative fine, the competent authority takes legal action against the affected person
to collect this as a civil debt due to the Republic.
(7) Face, which acts in violation of issued pursuant to the provisions of the article 38
of a Preservation Order and/or an enforcement notice served pursuant to the provisions of the subsection (2)
is guilty of an offense and, in case of his conviction, shall be liable to a fine not exceeding
one hundred thousand euros (€100.000) or to imprisonment not exceeding three (3) years and/or both
these penalties:
Of course that, in any case, no administrative fee is imposed or collected
fine under the provisions of this article, if the owner of the building and/or group
has been convicted of the same offense as a criminal offence.
90/1972 29(I)/2005 75(I)/2021
Ad control enforcement
58.-(1) The subjects for which provision can be made under Regulations pursuant to the article 40
include a provision to grant the Town Planning Authority the right to demand the
removal of any advertisement displayed in violation of the Regulations or termination of
to display advertisements for the use of any space used for this purpose against
violation of the Regulations, and to implement for this purpose any of its provisions
of this Part in relation to enforcement notices, subject to such adaptations and modifications etc
wanted to be defined in the Decree.
(2) Without affecting any provisions included in the Regulations issued pursuant to it
article 40 based on the paragraph (1), if any person exposes their advertising in violation of
Regulations, this is a felony and is subject to a fine of an amount upon conviction
determined under the Regulations and not exceeding two thousand pounds, in any case not
continuing offence, two hundred pounds for each day that the offense continues after
condemnation.
(3) For the purposes of the paragraph (2) and without limiting the generality thereof, face what is considered
as exhibitor advertisement if
(a) the advertisement is displayed on real property of which he is the owner or occupier0 or
(b) the advertisement advertises the goods, the profession, the business or other interests
his:
Provided that a person who is not guilty of an offense under the subsection (2) for the sole reason that
an advertisement is displayed on a property of which he is the owner or occupier or that
goods are advertised, the profession, or business or other interests thereof, if proof that
exposed his ignorance or without his consent.
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Enforcement in relation to an authority to which powers have been transferred
59. In relation to immovable property of an authority to which powers have been transferred, h
provisions of this Part apply under such modifications of the relevant procedure etc
wanted to be determined under Regulations.
90/1972
46(I)/2011
Part Seven COMPULSORY EXHIBITION OF REAL PROPERTY
AND RELATED PROVISIONS
Compulsory expropriation of property
60.-(1) Whenever any immovable property is necessary for any urban planning purposes and
zoning or settlement or any Fee Maintenance Ordinance in force in relation to construction, group
buildings or area and the Minister considers that reasonable measures are not being taken for it
maintenance of the building, of the group of buildings or the area, the immovable property in question, building,
a group of buildings or an area may be compulsorily expropriated by the Republic, her
Town Planning Authority or the authority to which responsibilities have been transferred and in its area
of which such immovable property is located, building, group of buildings or area:
Provided that if the Town Planning Authority or the authority to which powers have been transferred are not
expropriating authority within the meaning of the Compulsory Expropriation Law, the reason is about her
real property, building, a group of buildings or an area may be expropriated by the Republic.
(2) Any forced expropriation under the subsection (1) is performed in accordance with
provisions of the Compulsory Expropriation Law.
(3) In compliance with the provisions of this Law
(a) the provisions of the Compulsory Expropriation Law apply to any property
property, construction, group of buildings or area forcibly expropriated by them
purposes of this Law
(b) the amount of the compensation to be paid is defined in accordance with those in the matter of Compulsion
Expropriation Law exposed rule.
(4) Regardless of the provisions of any other law, the expropriating authority may place anyone
immovable property were compulsorily expropriated for the purposes of this Law in
at the disposal of any person, body or principle to achieve the purposes for which
forcibly deported, under such conditions as the expropriating authority wanted to set.
(5) For the purposes of this Part, "immovable property" has the same meaning as in
soil (1) of the article 2 of the Forced Expropriation Law.
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Supplementary provisions regarding the amount of compensation
61. In relation to an interest in immovable property (hereinafter referred to as "the relevant
interest") claims for compensation arising from the forced expropriation
of said interest, when calculating the amount of compensation which is due by virtue
of the claim, any increase in the value of the relevant interest is not taken into account
due to the fact that in development plans published no earlier than six months from the
publication of the Notification of compulsory expropriation includes any
provision for a substantial change of use or the execution of public expenditure or exists
proposals such as this provision were included in any development plans.
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Sale of expropriated property to its former owner
62.-(1) When the objective of forced expropriation is achieved through development
of any property owned, the expropriating authority may, as long as he deems this appropriate, to
sale of any expropriated property or part thereof provided that the offer of sale
it will be done first to the previous owner and an agreement will be reached within three months from it
after an offer has been made in terms of the selling price, the time and manner of its repayment.
(2) In any of the following cases, namely
(a) if the person to whom the offer was made pursuant to the subsection (1) do not accept this or
(b) if said person accepts the offer, as in territories (1) provided, I didn't pay
the agreed price within the agreed period,
the expropriating authority may sell, in compliance with the provisions of the by virtue of Compulsion
Expropriation Law of established Regulations, such property through public
auction.
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Disposition of expropriated property when the purpose for which it was expropriated is not
made possible
63.-(1) When the purpose for which immovable property was alienated was not possible, within three years
from expropriation, the expropriated principle, immediately after the expiration of the said period of
three years old, is obliged to offer the expropriated property upon payment of the purchase price
in the face even though they alienated her, and such a person is entitled within three months from
of receiving the offer to communicate its acceptance.
(2) In any of the following cases, ie
(a) if the person to whom the offer was made pursuant to the subsection (1) do not accept this or
(b) if the said person accepted the offer as in the paragraph (1) provided, don't pay it
agreed price within a further period of three months from such acceptance,
the expropriating authority may sell, in compliance with the provisions of the by virtue of Compulsion
Expropriation Law of established Regulations, such property through public
auction.
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Re-nationalisation of allocated property
64. Whenever any compulsorily expropriated immovable property is disposed of under the provisions
of any law in force from time to time and subsequently made necessary by any urban planners
purposes, such disposition is not considered as preventing the forced expropriation of the property
of this property for the urban planning purposes in question.
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Power to cancel easements and other rights
65.-(1) The resurrection, construction or execution, or conservation, of any building or project on property
property compulsorily expropriated by the Town Planning Authority for town planning purposes, either
made under the Urban Planning Authority or by any person deprived of real right
in spite of her, is legal under this article if it is done in accordance with a planning permit,
notwithstanding that it implies interference with an interest or right to which this applies
article or implies a violation of the restriction on the use of the property
imposed by virtue of a contract:
It is understood that nothing contained in the present paragraphs authorizes an intervention on a right
right of passage or placement, erection, continuation or maintenance of facilities on,
above or below real property that has been transferred or belongs to authorized by law
contractor for the purpose of carrying out their contracting.
(2) This article applies to the following interests and rights, that is, of course
slavery, permission, privilege, right or benefit attached to immovable property and
adversely affecting other real property, including any natural
right of support.
(3) For any intervention or violation in accordance with the paragraph (1) they significantly reduced it
economic value of the immovable property, fair compensation is paid, assessed against him
manner and in accordance with these rules as those applied in relation to compulsion
expropriation of property.
(4) Whenever, removing the right in rem over said immovable property instead of
Urban Planning Authority under which she was forcibly evicted, subject to payment
compensation in accordance with the paragraph (3) and fails to perform this obligation, or
an obligation may be imposed on the Town Planning Authority:
It is understood that nothing contained in the present paragraphs shall be interpreted as affecting the right of
Urban Planning Authority as indemnified under the person in question