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14.05.2020 10 TOWNSCAPES Getting your property in order HAVE you been stuck for years trying to sell your home or property but just couldn't because of some unsanction- able illegality? Then this article is a must-read. If it is not you, we all know someone who in the past had taken the liberty to extend that one room in the backyard, split their property into two units, ex- tended their property in the front garden or built a smaller internal yard without planning permission. 'This is my home and I shall do whatever I please with it,' you can hear them exclaim. Only it doesn't really work that way, especially when you come to try selling or getting a bank loan for your property. There are many people who, when in the past they carried out works in their home or property, did not think or bother too much whether or not they required planning permission. Think- ing 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. Few people understand this, but not all illegal development is sanctionable. Although the word sounds bombastic what it really means is that a normal planning permit cannot be issued for certain illegal works – most of which are related to sanitary issues or specif- ic planning regulations. So what are your options if you find yourself with your back against this wall? The first and most obvious is to re- turn things back to how they were be- fore. Although this might not always be simple or possible. The second option, is to engage an architect and allow the architect to verify whether the illegal works can be sanctioned through a normal planning applica- tion. In which case, the architect will submit the planning application on your behalf. If this is neither possible, the Plan- ning Authority, in 2016, introduced what today is known as the regulari- sation process. Through this applica- tion procedure, the PA is providing property owners with an 'opportunity' to regularise existing unsanctionable non-conformant developments. To benefit from this 'process', your property needs to tick the boxes of some important requirements. Firstly, your property needs to be lo- cated entirely within the development boundaries. If this gets ticked then you need to ensure that the footprint appears in the PA's aerial photos of 2016 - noth- ing later. Thirdly, your illegal structure can- not be creating an injury to amenity, and lastly, the use of the building must be in accordance with the Authority's current planning policies and regula- tions. In other words, if in the past you changed your garage into a commer- cial panel beater which is in the middle of a residential zone without permis- sion - this illegal use will still not be given permission under this applica- tion process. What will it cost you? Beside the pro- fessional fees of the architect you en- gage, every regularisation application is subject to a fee, calculated on the total and combined roofed over area of each floor of the property being reg- ularised. As an applicant, you will also be obliged to pay a minimum adminis- trative fee of €50. Since the 'scheme' was opened in Au- gust 2016, the Authority has received nearly 13,800 regularisation applica- tions generating close to €32 million. Last year, a notable decrease in the submission of regularisation applica- tions was recorded. Numbers dropped to 3,337 applications, a decrease of nearly 37% over the previous year. The PA has been bold enough to in- ject this money back into the commu- nity. In fact, the Authority channelled €23 million into the popular Irrest- awra Darek Scheme and Marsamxett Balcony Grant Scheme. Most of the remaining money got directed to the Development Planning Fund for urban improvement community projects. Nevertheless, applying for planning permission before carrying out any development works remains the saf- est and only way to ensure that one's money, time and peace of mind are secure!

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