S.L. 573.12 Art. 8Exclusions. 

(1) Applications submitted in accordance with these regulations shall be refused if the premises:

(a) does not have the necessary permits issued by the Planning Authority or the declaration provided by the Planning Authority that the said premises appear on the 1968 survey sheet; or

(b) has stop notices or enforcement notices or stop and enforcement notices or warning notices issued by the competent Authority:

Provided that if the premises has any one of these impediments, they shall be remedied before the application may be processed under these regulations.

(2) The part of the temporary emphyteusis for agricultural purposes which does not form part of the sole and ordinary residence as defined in these regulations shall be excluded from the transfer and shall retain the title of temporary emphyteusis under the original conditions.

(3) Any commercial premises or any land used for commercial or storage purposes, as well as any other land not forming TEMPORARY EMPHYTEUSIS FOR

AGRICULTURAL PURPOSES REGULATIONS part of the sole and ordinary residence as defined in these regulations.

(4) The application does not confer any rights or entitlements in favour of the applicant or any other person and the Authority, in its sole discretion, reserves the right to refuse any application submitted pursuant to these regulations:

Provided that every refusal shall be in writing and shall include detailed reasons on which such decision is based upon.

(5) The Authority shall have the right to terminate the process of an application made by virtue of these regulations at any stage or to refuse to accept any application made by virtue of these regulations if in its opinion such property is located at a site of national importance:

Provided that in that case, the applicant shall only be entitled to receive the costs he paid to apply pursuant to these regulations. The Authority shall be exempt from any damages or any request for the payment of any kind of compensation made by the applicant in this regard.