Development Planning Act (Cap. 552)
Development Planning Act (Cap. 552), article 70
70. (1) Subject to the provisions of this article and to the
following provisions of this Part of the Act, and subject to ar ticles
55 and 85(2)( n), no development shall be carried out except with
development permission.
(2) For the purposes of this article, and, unless the context
otherwise requires, for all other purposes in this Act,
"development" means the carrying out of building, engineering,
quarrying, mining or other operations for the construction,
demolition or alterations in, on, over, or under any land or the sea,
the placing of advertisements or the making of any material cha nge
in use of land or building and sea, other than:
(a) maintenance operations which affect only the interior
of a building or which do not materially affect the
external appearance of the building:
Provided that such maintenance works are not contrary
to any order made under this Act in relation to the
building:
Provided further that maintenance operations shall not
include demolition and rebuilding works, irrespective
of the location where such demolition and rebuilding
48 [CAP. 552. DEVELOPMENT PLANNING
works are carried out;
(b) the use of land for agriculture, animal husbandry and
forestry (including afforestation), except where such
use consists of:
(i) the erection of buildings or amounts to intensive
raising of crops or animals; or
(ii) the reclamation of land for agriculture by the
deposit of material on such land unless such
reclamation of land for agriculture can be proven
to have subsisted prior to 1994;
(c) in the case of buildings or other land that are used for a
purpose of any class specified in an order made by the
Minister, as the case may be, under this Act, the use
thereof for any other purpose of the same class;
(d) emergency works in relation to public safety carried
out by Government;
(e) a use which subsisted continuously from a period
when such use was not considered illegal and did not
require a permit;
(f) the placing of plant and machinery required for the
operation of a use already covered by development
permission on land within the perimeter of the site
covered by the same permission of the use being
operated.
(3) For the purpose of this article -
(a) the use of a building resulting in an increase in the
number of dwelling units in which the building was
previously used; or
(b) the deposit of materials on land; or
(c) the use for the display of advertisements on any
external part of a building that is not normally used for
that purpose,
involves a material change in the use of that building or land, or
part thereof, without prejudice, in the case of advertisements, to
any regulations or order made under this Act with respect to th eir
control.
(4) For the purpose of this article, development includes
clearing of valleys from accumulated sediment and development i n
relation to the sea includes land reclamation from the sea,
aquaculture and beach developments and their related uses.
Application for
permission.
Amended by:
XXI.2022.9.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.