Property remains one of Malta’s most significant assets, whether as a family home, commercial premises or investment. Yet property law extends far beyond buying and selling real estate.

Disputes can arise over boundaries, servitudes, access rights, neighbouring developments, leases and the use or enjoyment of property. Planning and development introduce further complexity, particularly when decisions affect property owners, developers and neighbouring residents.

For this reason, understanding one’s legal position early can make a considerable difference.

The importance of legal advice before the transaction

In Malta, one of the most important stages of a property transaction is the promise of sale agreement (konvenju). While the final deed formalises the transfer of ownership, the promise of sale establishes the terms, conditions and obligations that will govern the transaction. Obtaining legal advice before entering into a promise of sale is therefore important for identifying potential risks, protecting the parties’ interests and establishing clear contractual obligations from the outset.

Property law beyond the transaction

Property-related legal issues can arise long after a purchase or lease is concluded. Sciberras Advocates assists individuals and businesses with a broad range of property law matters in Malta, including property disputes, landlord and tenant issues, servitudes, property boundaries, airspace rights, recovery of deposits, spoliation claims and disputes arising from neighbouring construction, demolition or excavation works.

The firm also advises clients where property law intersects with development and planning law. This intersection is particularly important in Malta, where proposed development can have consequences not only for the owner of a site but also for neighbouring properties and the character of the surrounding area.

Challenging planning decisions before the EPRT

Where a party is affected by certain decisions of the Planning Authority, there may be a right to challenge that decision before the Environment and Planning Review Tribunal (EPRT).

EPRT appeals in Malta can involve applicants or developers challenging decisions concerning their own development proposals, as well as eligible interested third parties contesting permits granted for developments which they believe adversely affect their interests.

Depending on the circumstances and the right of appeal available, matters brought before the EPRT can include:

• The refusal of a development application or conditions imposed on a permit;
• disputes concerning the height, scale or massing of proposed developments, including additional floors, penthouses and rooftop structures;
• developments or alterations within an Urban Conservation Area (UCA);
• changes of use, including the conversion of residential or other property into commercial or hospitality premises;
• decisions concerning regularisation applications;
• planning enforcement notices;
• scheduling and conservation orders;
• planning control applications, including certain changes to alignments; and
• requests for the modification or revocation of an existing permission.

A planning appeal may involve the interpretation or application of planning policies as well as factual, procedural or legal issues. EPRT proceedings are also subject to specific procedural requirements and strict time limits. Seeking advice at an early stage allows the relevant planning decision, documentation and potential grounds of appeal to be properly assessed.

Legal guidance in property and planning disputes

Sciberras Advocates represents property owners, developers, businesses, residents and other interested parties in property and planning-related matters. From reviewing contractual obligations and resolving property disputes to challenging Planning Authority decisions before the EPRT, the firm provides legal guidance tailored to the circumstances of each case.

Sciberras Advocates is a multidisciplinary Malta law firm providing practical legal advice across various sectors, including property law, planning appeals and related disputes. For more information, visit www.sciberras.legal.

This article is for information purposes only and should not be construed as legal advice.

About Sciberras Advocates

Founded by Dr. Adrian Sciberras, Sciberras Advocates is a multidisciplinary law firm that combines legal expertise with a deep understanding of business and financial matters, with specialisation is immigration and employment law. Dr. Sciberras, a certified public accountant and advocate, has built a distinguished career spanning over two decades, offering clients holistic and practical legal solutions. Sciberras Advocates offers practical and results-driven legal solutions. You may reach Sciberras Advocates by phone on +35627795222 or via email on [email protected].