Cap. 246 · Immovable Property (Cap. 246)
Cap. 246 Art. 7Immovable property to be used only for the purpose indicated.
(1) It shall not be lawful for any person, without the consent in writing of the Minister, to make use, or to permit the use, of any immovable property acquired by virtue of a permit granted under article 6, in any manner or for any purpose other than that indicated in the application for such permit.
(2) Any person authorised to acquire immovable property in
Malta in accordance with the provisions of article 3 shall, on the deed transferring title, declare that he qualifies to acquire such immovable property and shall further state the reasons for such qualification as well as, where required to do so by this Act, the purpose of such acquisition, and the notary publishing the deed shall warn the said person of the importance of the truthfulness of such declaration and include such declaration in the said deed.
(3) Any notary who receives any deed which does not contain a declaration as is required under the provisions of this article, or who fails to warn the parties particularly as to the importance of the truthfulness of such declaration or to record in the deed that he has complied with such requirement, shall be guilty of an offence under this act, and shall on conviction be liable to a fine (multa) of not less than two thousand and three hundred euro (2,300) and not more than twenty-three thousand euro (23,000).
(4) If any act is committed or omitted in contravention of any of the provisions of sub-articles (1) or (2) or of any condition, restriction, limitations or qualification contained in any permit or consent given under this Act, the person to whom the permit or consent was last granted and any other person committing or omitting or permitting the commission or omission of any such act as aforesaid, shall be guilty of an offence under this Act and shall be liable, on conviction, to a fine (multa) not exceeding twenty-three thousand euro (23,000) or double the market value of the immovable property so acquired, whichever is the higher amount, and, in the case of a continuing offence, to a further fine (multa) of not less than two hundred and thirty euro (230) and not exceeding two thousand and three hundred euro (2,300) for each day, excluding the first one hundred and eighty days, during which the offence continues: Provided that no proceedings shall be instituted against such person within one hundred and eighty days from the date of acquisition, and no proceedings shall be taken if, within such period of one hundred and eighty days, such person has remedied the contravention and has conformed with the provisions of this Act or has otherwise lawfully transferred the property:
Provided further that should any permit or consent be required to conform with the law and such permit or consent is refused, no proceedings shall be instituted against such person, and those already commenced shall be withdrawn, if such person transfers the immovable property within one hundred and eighty days from the date of such refusal.
(5) Saving the provisions of the provisos to sub-article (4), nothing in the said sub-article shall be construed as validating anything done not in conformity with any condition, restriction, limitation or qualification contained in a permit or consent given under this Act.
Änderungsgeschichte
- Amended by L.N. 411 of 2007