S.L. 552.26 Art. 4Regularisation of development.

(1) An existing irregular development as stipulated in regulation 3 requiring regularisation and which was in existence prior to the coming into force of these regulations, may be regularised by means of the following procedure, unless a permit is otherwise lawfully obtained:

(a) an electronic application is to be submitted to the Authority requesting the regularisation of the relative development;

(b) the application shall be submitted by the applicant’s and shall be accompanied by the applicant’s perit declaration certifying the applicant’s ownership of the existing development: Provided that where the applicant is not the owner of the existing development, he has notified the owner of his intention to apply by registered letter of which a copy has been received by the Authority and that the owner has granted his consent to such a proposal;

(c) the applicant’s shall also be required to submit perit the following:

(i) a site plan indicating the exact location of the existing development;

(ii) detailed plans of the existing development which must also indicate the type of use of the relative development;

(iii) external elevations of the existing development which must clearly indicate the type of materials used in the same development;

(iv) sections of the existing development;

(v) three photographs relative to each external elevation of the existing building taken from different angles. Additionally, where the existing development is located in an Urban Conservation Area, an internal photographic survey of all the rooms and any other internal structure of the existing development cross referenced to an existing plan must be submitted;

(vi) documentary proof confirming that the specific use is in line with the provisions of sub-regulation (5)(c) and (d);

(vii) the payment of a minimum administrative fee of fifty euro (€50).

(2) Developments already covered by a Category B concession issued in terms of the Environment and Development Planning Act prior to the coming into force of these regulations and located in a Development Zone may be regularised by means of the following procedure:

(a) an electronic application is to be submitted to the Authority requesting the regularisation of the Category B concession by a permission;

(b) the application shall be submitted by the applicant's and shall be accompanied by the applicant's perit declaration certifying the applicant's ownership of the existing development: Provided that where the applicant is not the owner of the existing development, he has notified the owner of his intention to apply by registered letter of which a copy has been received by the Authority and that the owner has granted his consent to such a proposal;

(c) the applicant’s shall also be required to submit: perit

(i) a clean copy of drawings showing the building as constructed;

(ii) the payment of a minimum administrative fee of fifty euro (€50).

(3) Any application shall be deemed to be ab initio invalid if any one or more of the submission requirements specified in sub-regulations (1) or (2), as the case may be, have not been complied with. Applications which are ab initio invalid shall be automatically rejected by the Authority without any further consideration. Fees submitted with invalid applications shall be refundable, however the Authority shall retain the minimum administrative fee of fifty euro (€50).

(4) Any part of the existing development which is not shown on the relative drawings submitted together with the application shall not be considered as a regularised development, if the relative application is approved.

(5) The development specified in these regulations can be regularised if:

(a) in the opinion of the Authority, the development does not constitute an injury to amenity; and

(b) the use of the development is in conformity with current planning policies and regulations; or

(c) the relative use falls within any of the uses defined in classes 1, 4A or 4B of the Development Planning (Use

Classes) Order provided that documentary proof is submitted showing that the uses defined in Classes 4A or 4B have subsisted continuously for three consecutive years immediately prior to the coming into force of these regulations; or

(d) the development involves the subdivision of dwellings provided that documentary proof in the form of a deed of transfer showing that the subdivision occurred prior to the coming into force of these regulations is submitted; or

(e) the regularisation relates to development located only on land accommodating existing buildings and their curtilage, which land is located within a Development Zone but partially extends Outside Development Zone (ODZ), and is covered by a development permit issued prior to the coming into force of these regulations: Provided that paragraphs (a), (b), (c), (d) and (e) shall not apply to an application submitted in terms of sub-regulation (2) for the regularisation of a Category B concession with a permit.

(6) The existing development which may be regularised in terms of sub-regulation (1) shall be the footprint which appears in the Authority’s aerial photographs of the year 2016. Any extension or addition in the footprint of the relative development beyond that which appears in the Authority’s aerial photographs of the year 2016 cannot be regularised in terms of these regulations.