Issue link: https://maltatoday.uberflip.com/i/1091272
property maltatoday SUNDAY • 10 MARCH 2019 & construction MANY have carried out home or property works in the past years and did not think or bother too much whether or not they required planning permission. Thinking that they'd make life easier and get the works over faster, many just went ahead with works, not worried that in the future, when they came to sell, they were going to find major obstacles. In the comfort that 'this is our home'; extend- ing that one room in the backyard, or splitting a property into two units, or even extending your property in the front garden, or maybe a smaller internal yard – all without planning permission, has always been so tempting. Until the realisa- tion that when it comes to selling or getting a bank loan for your property, it doesn't really work that way. Contrary to many people's belief, not all ille- gal development is sanctionable, meaning that a normal planning permit cannot be issued for certain illegal works – most of which are related to sanitary issues or specific planning regula- tions. Knowing this, one may ask of what options there would be when caught in such a situation. Firstly, and the most obvious, would be to re- turn things back to how they were originally, al- though this might not always be simple or pos- sible. Secondly, it would be advisable to engage an architect to verify whether the illegal works can be sanctioned through a normal planning ap- plication. If so, the architect will submit the plan- ning application on your behalf. If, however this wouldn't be the case, then one would have to go with the regularisation process, which the Planning Authority introduced two and a half years ago. Through this new applica- tion procedure, the PA is providing property owners with a 'one-time opportunity' specifically to regularise existing unsanctionable non-con- formant developments. To be eligible and benefit from this 'scheme', your property needs to tick all the criteria re- quired. Such requirements include that your property needs to be located entirely within the development boundaries, and if it is, then you need to ensure that the footprint appears in the PA's aerial photos of 2016 - nothing later. Even then, one has to tick further boxes; like how your illegal structure cannot be creating an injury to amenity, and lastly, the use of the build- ing must be in accordance with the Authority's current planning policies and regulations. In oth- er words, if in the past you changed your garage into a commercial panel beater which is in the middle of a residential zone without permission - this illegal use will still not be given permission under this 'scheme'. The immediate next concern would be one's budget. Beside the professional fees of the archi- tect you engage, every regularisation application is subject to a fee, calculated on the total and combined roofed over area of each floor of the property being regularised. As an applicant, you will also be obliged to pay a minimum adminis- trative fee of €50. In the past three years, since the 'scheme' was opened, the Authority has received nearly 10,000 regularisation applications, generating close to €23 million – money that the PA has injected back into the community. Namely; the Authority channelled €18 million into the pop- ular Irrestawra Darek Scheme and Marsamxett Balcony Grant Scheme, with most of the re- maining money directed to the Development Planning Fund for urban improvement commu- nity projects. Effectively, applying for planning permission before carrying out any development works re- mains the safest and only way to ensure that your money, time and peace of mind are secure. Adjusting your irregularities and eliminating obstacles Have you been trying to sell your home or property but just couldn't because of some unsanctionable illegality – then read on