S.L. 552.8 ст. 5Notification procedure.

(1) Where provided in this Order, development shall be notified to the Authority prior to the commencement of any work, on the form provided by the Authority. The Authority may require different forms for different classes of permitted development and different forms may not require all the information listed under paragraphs (a) to (h). This form shall be accompanied by: three copies of all the necessary plans and elevations; two good-quality colour photographs properly representative of the site; and other relevant documentation as provided in this Order or as the Authority may deem necessary, so that the details submitted to the Authority shall clearly and correctly identify:

(a) the perit in charge;

(b) the applicant;

(c) the precise location and full extent of the applicant’s property, and the applicant’s title over the property. Where considered necessary by the Authority, these shall be confirmed by a copy of the deed showing the respective title;

(d) the full nature and full extent of the works;

(e) the Class of Schedule I permitting such development;

(f) all previous permits, applications and notifications affecting the applicant’s property;

(g) any required approval by other relevant public authorities, as specified in this Order. This shall include an authorisation by the competent authority, accompanied by a clear site plan (and any other relevant documents) also stamped and endorsed by the competent authority and cross-referred to the authorisation; and

(h) access to the site, indicated on a location map, if the site does not abut on a public street.

(2) A notification may cover works which fall into more than one Class or paragraph within a Class, where these are to be carried out on the same site, except where otherwise provided in this Order.

(3) Where a notification is required under sub-article (1) and without prejudice to any applicable provisions of this Order, the applicant shall comply with the notification procedure established in sub-article (1) and the Authority shall respond by an electronic means of communication in writing to the notification within thirty days from the validation of the notification.

(4) The Authority shall return one endorsed copy of all the plans submitted, endorsed clearly indicating whether or not the works are permitted. In the event of any discrepancy between any approved drawings and the relevant provisions of this Order as communicated in the Authority’s response, the latter shall prevail.

(5) (a) If the works are permitted:

(i) for all classes of development described in Schedule I other than Classes 5(ix)(a), 17, 21 and 23, such confirmation by the Authority shall be valid for a period of one (1) calendar year commencing on the date on which the official notice by the Authority is issued or, in the absence of the said notice, on the date of expiry of the aforesaid thirty (30) days.

(ii) for development described in Classes 5(ix)(a), 17, 21 and 23 of Schedule I, such confirmation by the Authority shall be valid for a period of three (3) calendar years commencing on the date on which the official notice by the Authority is issued or, in the absence of the said notice, on the date of expiry of the aforesaid thirty (30) days.

(b) If the works are not permitted, the Authority shall give detailed reasons for its decision..

(6) Where development has been carried out without the notification required in accordance with sub-article (1), and that development complies fully with the relevant exceptions, limitations and conditions of this Order, the notification of that development shall be treated as though it were a prior notification in accordance with sub-article (1), except where otherwise provided in this Order.

(7) Where development has been carried out without the notification required in accordance with sub-article (1), or a notification has been made and the Authority has not responded to the notification within thirty days from the validation of the notification, and that development -

(a) runs counter to policies or plans or legislation approved according to the Act or the Environment Protection Act: or

(b) is not correctly, completely and unequivocally reflected in the notification, the Authority shall still have the right to stop works and, or to take enforcement or other action, in accordance with the Act.

(8) Where development is carried out after the permit validity stipulated in this regulation has expired, or after the Development Order under which it is permitted has been repealed, the Authority shall still have the right to stop works and, or to take enforcement or other action, in accordance with the Act.

(9) In the case of development that involves or entails trenching operations, the applicant or his appointed contractor shall apply for trenching permission as the Authority may from time to time establish. This provision shall also cover interventions for the provision, repair, replacement or maintenance of an individual domestic or similar connection to existing public infrastructure services. An application for trenching permission shall be considered as if it were a notification in accordance with sub-article

(1) if:

(a) it is submitted to the Authority and satisfies the conditions established in sub-article (1)(b), (d) and (g); and

(b) the works are located altogether under a legally existing road or legally existing pavement. The Authority’s electronic reply to such application shall be treated as a written reply to the notification according to sub-article (3), and all the other provisions of this regulation shall apply. SCHEDULE I

CLASSES OF PERMITTED DEVELOPMENT

(Regulation 3)

SCHEDULE I Alterations to existing buildings and development within the curtilage of

Internal alterations Alteration or replacement of apertures

(iii) Water tanks and associated apparatus Solar panels and photovoltaic panels Roof Structures

Minor works Front garden walls and similar walls around gardens and recreational areas Boundary walls around undeveloped land abutting a street

(iii) Timber gates in existing openings

Erection or alteration of random dry-stone rubble walls on existing agricultural land

Repair of existing boundary walls Repair of buildings or other structures

(vii) Surveillance and security equipment, and similar small equipment

(viii) Painting of the exterior of a building Air conditioning units Replacement or reconstruction of roofs

Formation, laying out, alteration or improvement of roads by agencies, Local Councils and other entities appointed thereby

Roads and pavements within a planning scheme Widening, improvement or maintenance of existing roads

(iii) Improvement or alteration of junctions

Traffic lights Embellishment or enhancement of roundabouts, traffic islands and centre strips Minor infrastructural development Lamp standards, public seats, litter bins, bollards, barriers and similar structures Posting boxes, automated teller machines and vending machines

(iii) Telephone boxes or booths

(iv) Monuments and art installations Class 5 Development related to public utility services

(i) Repairs to services

(ii) Development below ground level for water supply, laying of pipes and cables

(iii) Installation of service lines to individual customers

(iv) Installation of booster stations, valve houses, meter switchgear houses

(v) Sewage inspection chambers above ground level

(vi) Storm water culverts

(vii) Infrastructural service ducts

(viii) Feeder or service pillars

(ix) Development related to the electrical distribution system

Class 6 Development related to public transport

(i) Signs for operation of route buses

(ii) Passenger shelters and barriers

Class 7 Development related to telecommunications

(i) Installation, maintenance or alterations of telecommunications apparatus

(ii) Satellite antennas Class 8 Development related to agriculture and fisheries

(i) Maintenance of existing farm roads by the Department Agriculture

(ii) Placing of plant and machinery for the operation of Class 9 Placing of machinery and structures for operations

(i) Placing of machinery and structures for development

Class 10 Temporary use of land

(i) Temporary reversible use of land

(ii) The reversible use of land, by Government Councils and other public entities appointed thereby Class 11 Development related to aviation

(i) Change of use of buildings within the perimeter of Class 12 Lighting of buildings, structures and roads

(i) The external lighting of buildings, structures and roads

Class 13 Mineral and geological exploration and surveying, and monitoring

(i) Drilling of boreholes, seismic surveys and archaeological

(ii) Temporary environmental monitoring stations Tented structures and Awnings Installation of an awning Placing of small tents, tarpaulins or similar structures

Beach management facilities Hiring of beach furniture Mobile installations

Deleted by Legal Notice 85 of 2025. Development by the Armed Forces of Malta Development by the Armed Forces of Malta

Development relating to Migration Matters Development carried out by an entity responsible for the provision of reception services Filming and Activities Filming operations

Occasional activities

(iii) Offroading events

Alterations to existing buildings and development within the curtilage

Internal alterations, excluding all works that would:

(a) increase the number of dwellings;

(b) increase the number of commercial outlets and floor space;

(c) increase the non-residential units;

(d) change the use of buildings; and

(e) require an increase in parking provisions

(a) The replacement of apertures and security elements relative to windows, doors, balconies (including timber balconies), gates and other similar elements, including in scheduled buildings or buildings which the Authority deems to have conservation value.

(b) The provision of security bars, projecting wrought iron windows or security windows.

(c) The replacement of apertures and security elements in scheduled buildings or buildings which the Authority deems to have conservation value: Provided that such works in sub-paragraphs (a) and (b) do not materially alter the character and, or context of the building and its surroundings and for sub-paragraph (c) original wooden apertures and balconies and wrought iron elements in scheduled buildings or buildings which the Authority deems to have conservation value shall retained and restored and shall not be replaced if these are considered form part of the historic character and fabric of the building and, or streetscape and are in a sufficiently good condition that they can be restored.

(iii) Water tanks, with associated apparatus and the necessary

(iv) Solar panels and associated apparatus, and photovoltaic associated apparatus: Provided that for paragraphs (iii) and (iv) when located buildings or buildings older than seventy five years which deems to have conservation value, the permitted development located within the envelope of the building or at roof exceeding the height of the parapet wall, but not on structure.

(v) Roof Structures which are setback six metres from the and do not exceed thirty six square metres when measured UCAs but not in ODZ nor on scheduled buildings. Only development under paragraphs (i), and (ii) and (v) shall be notification procedure established in regulation 5(1) and (3).

CLASS 2 - Minor Works

(i) The construction, reconstruction, maintenance, or demolition, garden walls, or walls around gardens, or recreational areas, walls which are constructed in random dry-stone rubble walls Works shall be limited to the wall itself without any modification to a front garden, other garden, vehicular driveway.

(ii) Boundary walls around undeveloped land abutting a street.

(iii) Timber gates in existing legal openings located in ODZ.

(iv) The construction, alteration, or maintenance, of random rubble walls (sejjiegħ) on existing agricultural land, or existing street, in accordance with the Rubble Walls Structures (Conservation and Maintenance) Regulations subject to the following conditions:

(a) the wall shall not be higher than one metre twenty above soil level on both sides;

(b) in case of different levels between terraced land, the be higher than one metre twenty centimetres above level, and two metres forty centimetres above the lower

(c) the total demolition and reconstruction of existing stone rubble walls (sejjiegħ) is not permitted and, partial demolition and reconstruction, the area should be declared as unsafe by the perit;

(d) for the construction of new walls, a single access more than one metre twenty centimetres wide, constructed in timber and not exceeding the height permitted;

(e) new access openings on existing walls are not permitted;

(f) the construction of new walls shall not entail the agriculture land.

(v) The repair of existing boundary walls provided that such affect the height and character of the existing wall.

(vi) The repair of buildings or other structures, subject that not:

(a) constitute the complete or substantial demolition and re-construction, or replacement, of buildings or structures;

(b) materially alter the character and, or context of the building or structures, and its surroundings. The fixing of surveillance cameras, security equipment, and other similar small-scale equipment, even on scheduled property. The painting of the exterior of a building or work, provided that:

(a) it is not for purpose of advertisement, announcement or direction;

(b) it is in congruence with the streetscape. Air conditioning units, unless located on any façade that faces a road, or visible from a road. Replacement or reconstruction of roofs with no substantial rebuilding of walls and not on scheduled property. development under paragraph (vi), when located within Scheduled Property, and development under paragraphs (i), (iii) and (x) shall be subject to procedure established in article 5(1) and (3).

- Formation, laying out, alteration or improvement of roads by agencies, Local Councils and other entities appointed thereby The formation or laying out of roads and pavements as indicated in a planning scheme, and the alteration or creation of pavements within a development boundary. The widening, improvement or maintenance of an existing road within the highway boundary. The improvement or alteration of junctions, unless it involves the alteration of a grade separated junction or a significant alteration in the traffic direction. The installation, modification or removal of traffic lights and any other similar traffic management systems. The embellishment or enhancement of existing roundabouts, existing traffic islands and, or existing centre strips, provided that such embellishment or enhancement would not create an obstruction to the view of, or a distraction to, persons using any road used by vehicular traffic, so as to be likely to cause danger to such persons: Provided that:

(a) it does not entail additional undeveloped land outside the planned or existing highway boundary;

(b) it does not affect the planning scheme boundary or entails departure from the official alignment;

(c) it does not entail direct or indirect damage to existing historical buildings or monuments, archaeological features including underground shelters, cisterns or water galleries, rubble walls and natural stone paving; and

(d) it includes all the necessary measures so that, wherever possible:

(i) infrastructural services are installed underground without any introduction, installation or attachment of overhead wiring on the site or its surroundings; and

(ii) existing overhead wiring and other infrastructural currently above ground are relocated underground;

(e) it is subject to prior written authorisation by Transport

(f) within Valletta, Floriana, Cottonera and areas scheduled archaeological importance, excavation works shall under the supervision of an archaeologist appointed Superintendent of Cultural Heritage. Only development under paragraph (ii) where the existing road and, are constructed in natural stone paving and paragraph (iv) where works attached to a building which in itself is a scheduled property shall be notification procedure established in regulation 5(1) and (3).

CLASS 4 - Minor infrastructural development

(i) The erection or construction, and the maintenance, alteration improvement, of lamp standards, public seats, small-scale similar baskets serving public recreational areas or walkways, barriers and similar works or structures not in ODZ.

(ii) The installation or placing of posting boxes, self-service Automated Teller Machines, or vending machines that are approved policies and guidelines not in ODZ.

(iii) The erection of telephone boxes or booths, provided that shall not exceed one meter squared in area measured externally height of two metres and forty centimetres measured externally ODZ.

(iv) The erection, construction, or installation of monuments installations within public open spaces, excluding dismantling relocation, not in ODZ and provided that where the highway or a pavement are affected the development is subject to authorisation by Transport Malta and in all circumstances prior authorisation by the Malta Council for Culture and Only development under paragraphs (i), (ii) and (iii) shall be notification procedure established in regulation 5(1) and (3).

CLASS 5 - Development related to public utility services

(i) The carrying out of any works for the purpose maintaining, repairing or renewing any existing sewer, main, or other apparatus, including the breaking open of any made-up or soil for that purpose, provided that the land is immediately completely returned to its original condition once the works completed.

(ii) Any development below ground level, including excavation, required in connection with:

(a) the supply of water or for conserving, monitoring, or augmenting water resources;

(b) the provision, improvement, maintenance or repair sewerage connection or associated apparatus; or

(c) the maintenance or repair of an outfall pipe, or treatment plant, or of an ancillary reservoir; or

(d) the laying underground of pipes, cables or any other apparatus. The land surface must be immediately and completely returned to its original condition once the works have been completed. The installation of service lines to individual customers from a service line, including any excavations for such purpose, provided that the land immediately and completely returned to its original condition once the works have been completed. The installation, in a public water distribution or sewage infrastructural network, of a booster station, valve house, meter house or switchgear house, unless it involves any development above ground level in an UCA or ODZ. The construction, provision or improvement of sewage inspection chambers above ground level unless such chamber exceeds:

(a) one square metre in area measured externally; or

(b) one metre in height measured externally above ground level. If located ODZ, structures above ground level are to be suitably designed to mitigate their visual impact on the surrounding environment. The provision, construction and renewing of any storm water culvert or water channel, storm water drain, rainwater spout or overflow pipe, or storm water reservoir that is altogether located under an existing road carriageway or pavement or similar paved area. The development must not involve channelisation of natural watercourses or valley beds. The provision, excavation, extension or enlargement of service ducts for the improvement, rationalisation, management or inspection of underground services, provided that the roof of the duct is in keeping with the surrounding land surface and, if the site lies ODZ, it shall be suitably finished to compliment the surrounding environment. The installation of feeder or service pillars, but not poles or masts, provided that where located on a pavement, these shall allow at least one metre of unobstructed pavement width: Provided that:

(a) it does not entail additional undeveloped land outside the planned or existing highway boundary;

(b) it does not entail direct or indirect damage to existing historical buildings or monuments, archaeological features including underground shelters, cisterns or water galleries, rubble walls and natural stone paving; and

(c) it includes all the necessary measures so that, wherever possible:

(aa) infrastructural services are installed underground without any introduction, installation or attachment of overhead wiring on the site or its surroundings; and

(bb) existing overhead wiring and other infrastructural services currently above ground are relocated underground;

(d) within Valletta, Floriana, Cottonera and areas scheduled for their archaeological importance, excavation works shall be carried out under the supervision of an archaeologist appointed by the Superintendent of Cultural Heritage.

(ix) Development required by the electrical distribution system connection with:

(a) the construction, alteration, maintenance or repair power distribution centres provided that the building exceed the height of ten (10) meters above highest

(b) the construction, alteration, maintenance or repair power sub-stations provided that the building shall footprint of fifty (50) square metres and does not height of four (4) meters above highest road level;

(c) the temporary installation of any equipment and structure, required for emergency generation of electrical that is installed as ancillary to existing infrastructure that the equipment and the associated structure may for a period not exceeding five (5) years, subject of the Environment and Resources Authority: Provided that:

(a) the site has adequate access from the road network;

(b) ancillary infrastructure including but not limited to and, or channel services shall be located under existing

(c) aboveground level wiring, poles and off-street trenching avoided; and

(d) the design shall be in congruence with the environment and landscape.

Development under this Class, when it is located in a UCA, ODZ and property or within thirty metres from a scheduled property or in a designated shall be subject to the notification procedure established in article 5(1) developments falling under this class which are located in ODZ or scheduled areas for environmental reasons shall be subject to prior approval Environment and Resources Authority.

CLASS 6 – Development related to public transport

(i) The installation of signs which do not exceed fifty square area, in connection with the operation of route buses.

(ii) The construction or replacement of existing passenger including advertisement as part of the passenger shelter, the control of people waiting to enter a route bus, except development involves any road widening or any encroachment land that is not a road carriageway, pavement or similar paved

CLASS 7 - Development related to telecommunications

(i) The installation, maintenance or alteration of any telecommunications apparatus unless such development is located ODZ or property. Provided that the development does not involve:

(a) the erection or alteration of buildings; or

(b) the introduction of poles and masts to support overhead and or structures with a height exceeding 10 metres permitted apparatus;

(c) direct or indirect damage to existing scheduled buildings or monuments, archaeological features including underground shelters, cisterns or water galleries, rubble walls and natural stone paving. satellite antenna, unless in ODZ or on scheduled property and provided that it is not visible from a public road.

Development related to agriculture and fisheries

The maintenance of existing farm roads carried out by or on behalf of the Department of Agriculture: Provided that such works do not:

(a) involve encroachment beyond the pre-existing road carriageway, or deposition of material beyond the road carriageway, or levelling or reclamation of land; or

(b) involve the expansion or extension or leveling or widening or re-engineering or surfacing with concrete. Placing of permanent plant and machinery required for the operation of designated fishing port subject to the prior approval of the Fisheries Department. development under paragraph (ii) shall be subject to the notification procedure established in article 5(1) and (3).

- Placing of machinery and structures for the duration of construction works

The placing on land of a building, moveable structure, works, plant or machinery required temporarily required in connection with, and for the duration of, operations on, in, under or over that land or on land immediately adjoining it, in connection with or for the purpose of development permitted by a development permission, or by any other permission by the Authority, or by this Order, including temporary batching plants, subject that such works shall:

(a) not apply to mining or quarrying operations; and

(b) in the case where such works would create an obstruction to an existing pedestrian passage way, all the necessary measures shall be taken to provide for a safe alternative passage way as directed by the competent authority; and

(c) after completion of works, such temporary installation shall be completely removed and the land shall be completely restored to its pristine condition;

(d) such use does not entail direct or indirect damage to existing historical buildings or monuments, archaeological features including underground shelters, cisterns or water galleries, rubble walls and natural stone paving. Development under this Class, where the operations are going to take place within of a site which is a scheduled property, or in a designated area, or on located ODZ and, or when the operations are going to take place beyond of the site covered the development permission shall be subject to the procedure established in article 5(1) and 3). CLASS 10 - Temporary use of Land

(i) The reversible use of land, as well as any temporary structures for such use, for not more than thirty days in any one whether the permitted use is requested or applied for by the or by different persons, provided that the proposed use any negative impacts on the relative site and its surroundings land is fully restored to its pristine condition and any structure within ten days from the expiry of such thirty-day period. For any land located within a distance of 100 meters from originally permitted for a specific temporary use in terms paragraph, the permission shall be automatically renewed or similar use as originally permitted provided that:

(a) any extension may not be granted for a period of more days and no more than three extensions may be given calendar year. The extended period need refer to the thirty day period immediately following period; and

(b) the Authority is satisfied that the extension relates lies within a development zone; and the proposed have any negative impacts on the relative site or its and any structure used on the relative site is easily and

(c) any land in relation to which an extension has been terms of this sub-paragraph shall be fully restored condition and any structure removed within ten expiry of each permitted period unless the extended immediately follows the previous period, in which relative restoration and removal of any structure shall out within ten days from the last permitted period.

(ii) The reversible use of land by Government entities, Local other public entities appointed thereby, for the temporary cultural and social purposes, and for the temporary placing caravan or a camp, as well as any temporary structures required use for not more than four calendar months in one (1) calendar provided that the land used is fully restored to its pristine any structures are removed within ten days from the period, except for sites located in scheduled property: Provided that the use of land is not permitted if such use vehicle, motor car and motorcycle racing or rallying, or for these events and activities: Provided further that the development described shall only if:

(a) any temporary structure required for such use would visibility at a road junction or otherwise pose a threat of pedestrians or vehicular traffic;

(b) such use does not entail direct or indirect damage historical buildings or monuments, archaeological natural or landscape remnants including underground cisterns or water galleries, natural habitats, valleys and ridges and escarpments, natural bedrock, topography, walls and natural stone paving;

(c) waste collection, waste disposal facilities, and any necessary mobile sanitary facilities, as required by law and which do not involve any non-reversible interventions, are available on site prior to the commencement of use;

Development under this Class shall be subject to the notification procedure article 5(1) and (3). For development under paragraph (i), the first shall be automatically renewed provided the site remains unchanged, Authority decides that the temporary use should cease prior to the expiry notifies the applicant accordingly. The commencement date and the shall be stated in the applicant’s request and the confirmation by the the limited time is not automatically renewed annually nor extended

Development under this Class shall also be subject to the prior clearance from the and Resources Authority in the case of areas declared as protected under Environment Protection Act - Development related to aviation

Changes to the use of buildings within the perimeter of an airport, for purposes connected with air transport services or other flying activities that airport. - Lighting of buildings, structures and roads the external lighting of buildings, structures and roads provided that the development is not permitted where:

(a) it is incompatible with the character of the location and/or create unacceptable light pollution; or

(b) in the case of street lighting ODZ, involves lighting beyond the street itself and/or cause unacceptable light pollution in an area that should be kept free from artificial nocturnal lighting or compromise the conservation of important flora, fauna or ecosystems;

(c) it involves the illumination of any sign or advertisement, or such illumination constitutes its primary purpose; or

(d) it involves an area larger than a building or structure;

(e) it involves a scheduled property.

purposes of this Class, temporary lighting of buildings and structures, for similar events, shall not be deemed to constitute development.

Development under this Class, where the site or lighting equipment of buildings lies in a UCA or ODZ or in a designated area or in or within 30 metres property, shall be subject to the notification procedure established in (3). - Mineral and geological exploration and surveying, and environmental

Development on any land consisting of:

(a) the drilling of boreholes other than for groundwater abstraction; or

(b) the carrying out of seismic surveys;

(c) the carrying out of archaeological surveys under the supervision of the Superintendent of Cultural Heritage: Provided that the land is immediately and completely original state once the works have been completed.

(ii) The placing of equipment or temporary stations for atmospheric or marine study and monitoring, even if in metres of a scheduled property or in a designated area, for one calendar year, and on condition that:

(a) no damage or other significant disturbance to the surrounding environment is entailed;

(b) no material is placed of on garigue or on exposed manner that could foreseeably result in damage to, the land surface; and

(c) the equipment or station is completely removed and fully returned to its pristine condition once the station operate.

Within Valletta, Floriana, Cottonera and areas scheduled for their importance, excavation works shall be carried out under the supervision archaeologist appointed by the Superintendent of Cultural Heritage.

CLASS 14 - Tented Structures and Awnings

(i) the installation of an awning fixed on the exterior of being a Scheduled Property, located within Town Centre, Commercial Area, Entertainment Priority Area, or Tourism indicated in the respective Local Plan or the Interim Retail Guidance (2004) but outside Mdina and Cittadella (Rabat,

(ii) The placement of small tents, tarpaulins, or similar structures environmental control or privacy, not being a scheduled provided that such works are not visible from outside the Development under paragraph (i) where the site lies within UCA, designated area, shall be subject to the notification procedure established 5(1) and (3). CLASS 15 - Beach management facilities

(i) The temporary use of land for the hiring of beach furniture that:

(a) the land to be occupied as the fixed point for hiring 2 furniture shall not exceed an area of 9m ;

(b) no structures, whether permanent or temporary, are erected on the site;

(c) the land shall be fully restored to its original state and sunrise; and

(d) no land, on which the beach furniture is placed occupied, designated, or in any manner delineated exclusive use of an operator: Provided that the development shall only be permitted if:

(a) the site is located on a designated beach as determined Malta Tourism Authority;

(b) specific authorisation by the Malta Tourism submitted, by the applicant to the Authority, notification procedure. The temporary use of land for the erection, placing and installation of structures required in relation to mobile sanitary facilities and life-saving management practices on beaches, provided that the notification submitted by a Government entity, a Local Council, any other public entity appointed thereby, or a registered institution whose expertise is in civil protection subject to the prior clearance from the Environment and Resources Authority in the case of areas declared as protected under the Environment Protection Act and the site is not located on sand dunes. Development under this Class shall be subject to the notification procedure article 5(1) and (3). - Deleted by Legal Notice 85 of 2025.

- Development by the Armed Forces of Malta Development carried out by the Armed Forces of Malta on land under the operational control of the same Armed Forces of Malta, provided that:

(a) when the development is located in designated areas or scheduled property, it shall be subject to prior clearance by the Superintendent of Cultural Heritage and by the competent authority responsible for the protection of the natural environment;

(b) the development is recommended by the Consultative Committee on the Development by the Armed Forces of Malta set up by the Minister to provide advice on the acceptability or otherwise of development proposals by the Armed Forces of Malta. If, for any reason, the Consultative Committee is not constituted, the proposed development is recommended by the Minister responsible for the Armed Forces of Malta. Development under this Class shall be subject to the notification procedure set out and (3). However such notification procedure is not required where in the Minister responsible for the Armed Forces, the development is required for national security reasons and the Authority is informed

- Development relating to Migration Matters

Development carried out by an entity responsible for the provision of reception services including in particular for beneficiaries of international protection and asylum seekers provided that if the development is located in designated areas or scheduled property, it shall be subject to prior clearance by the Superintendent of Cultural Heritage and by the competent authority responsible for the protection the natural environment. Development under this Class shall be subject to the notification procedure set out and (3). However such notification procedure is not required where in the Minister responsible for Immigration, the development is urgently humanitarian, security or other relevant reasons and the Authority is accordingly. CLASS 19 - Filming and Activities

(i) Filming operations including the construction or installation ancillary, temporary structures and/or equipment on the that all constructions and installations are completely removed site, and the site is fully reinstated to its pristine condition, expiry of the time period allowed for the operations.

(ii) Occasional activities, excluding scientific research and activities which are not considered as development in terms for not more than one calendar week by the same person, organisation including the construction or installation of structures and/or equipment on the site provided completely removed from the site by the permitted time the activity.

(iii) Offroading events in a locality which is marked as an offroading means of signs approved under the Traffic Signs and Markings Regulations: Provided that:

(a) the Environment and Resources Authority shall be the Authority upon receipt of the notification request Environment and Resources Authority shall reply period specified in the consultation notice which shall be less than 7 days and in case of no reply, the Environment Resources Authority shall be deemed as having no the proposal;

(b) when an authorisation or an appropriate assessment under the Flora, Fauna and Natural Habitats Regulations (S.L. 549.44) the provisions of article require the Authority to respond in writing to a notification thirty days from the validation of the notification shall

(c) the Authority may impose conditions, including Bank and Planning Contributions as set out in the appropriate in its decision notice to safeguard any acknowledged importance.

Development under this Class shall be subject to the notification established in article 5(1) and (3).

Class 20 Development related to the Corradino Correctional Facility"

(a) Development carried out by the Director of Correctional Facility on land designated for the same Correctional Facility in a subsidiary plan approved Act, provided that:

(i) when the development is located on designated scheduled property, it shall be subject to prior clearance Superintendent of Cultural Heritage and, by the Environment Resources Authority in the case of areas declared under the Environment Protection Act;

(ii) the proposed development is recommended by responsible for the Prisons; Development under this Class shall be subject to the notification procedure set out in article 5(1) and (3). However such notification procedure is not required where in the opinion of the Minister responsible for Prisons, the development is required for national security reasons and the Authority, the Superintendent of Cultural Heritage and the Environment and Resources Authority are informed accordingly.

Development by the Malta Police Force Development carried out by the Malta Police Force on land under the operational control of the same Malta Police Force, provided that:

(i) when the development is located on designated areas or scheduled property, it shall be subject to prior clearance by the Superintendent of Cultural Heritage and by the Environment and Resources Authority in the case of areas declared as protected under the Environment Protection Act and in the case of areas located Outside the Development Zone;

(ii) the proposed development is recommended by the Minister responsible for the Malta Police Force;

Development under this Class shall be subject to the notification procedure set out in article 5(1) and (3). However such notification procedure is not required where in the opinion of the Minister responsible for the Malta Police Force, the development is urgently required for national security reasons and the Authority, the Superintendent of Cultural Heritage and the Environment and Resources Authority are informed accordingly.

Existing Development Related to Malta’s Culture and Tradition Existing fireworks factories, including their operations, provided that the fireworks factories, including the footprint of their built structures and their operations, have been in existence since, or before, the year 1994 and the same fireworks factories, including the footprint of their built structures and their operations, were still in existence in 2016, as evident from the relative aerial photography of the Authority and upon submission of proof of actual use of the site as a fireworks factory in the aforementioned years. Development under paragraph (i) shall be considered permitted development: Provided that the provisions of article 3(5) of the principal order shall not be applicable to such class: Provided further that the provisions of the Sanitary Regulations, the relevant the Development Control Design Policy, Guidance and Standards, the and Design Guidance and all other relevant approved plans and policies exceptions, conditions, restrictions, rules, limitations and exclusions force, shall not be applicable for this Class. Class 23 Development by the Civil Protection Department

(a) Development carried out by the Civil Protection Department under the operational control of the same Civil Protection provided that:

(i) when the development is located on, or contiguous areas or scheduled property, it shall be subject to by the Superintendent of Cultural Heritage Environment and Resources Authority in the case of located on, or contiguous to, areas declared as protected Environment Protection Act and in the case of located on, or contiguous to, areas Outside the Zone;

(ii) the proposed development is recommended by responsible for the Civil Protection Department;

(b) Development under this Class shall be subject to the procedure set out in article 5(1) and (3). However such procedure is not required where in the opinion of responsible for the Civil Protection Department, the development urgently required for national security reasons and the Superintendent of Cultural Heritage and the Environment Authority are informed accordingly. Class 24 Class 24 Greening projects by Government agencies, Local other entities appointed by them

(a) The formation of urban greening projects within the development on land designated for public recreational use in the respective Plans, including on schemed roads and public open spaces;

(b) The formation of urban greening projects within the development on land designated for any other use in the respective Local

(c) The formation of greening projects located outside development on land designated for public recreational use in the respective Plans: Provided that the greening projects shall only include the following

(i) the installation of playground equipment, fitness, equipment, along with art installations;

(ii) demountable installations, which may include CCTV equipment;

(iii) vertical structures and shading devices, which may

(iv) excavation of underground reservoirs intended for of the proposed vegetation and other related uses projects;

(v) taking up of existing land surface and resurfacing such as permeable paving blocks;

(vi) installation of flooring systems and hard landscaping;

(vii) installation of vertical greening structures, including public buildings or government owned residential excluding buildings which are designated or scheduled areas;

(viii) installation of features and structures for the purpose greening project (seating areas, security and or control rooms, sanitary facilities, etc.);

(ix) installation of demarcation walls and gates; interventions and planting of trees, including the related irrigation systems;

(xi) removal of existing paved or hard-surface areas and, or existing artificial structures, or their replacement with soil or soft landscaping; and

(xii) removal of redundant infrastructure (including poles, brackets, cables, pipework, etc.) and, or the replacement of such infrastructure with facilities laid underground within the foot print of existing streets or pavements: Provided further that:

prior approval shall be obtained from the Superintendent of Cultural Heritage for sites within Urban Conservation Area, Scheduled sites and sites within Scheduled Building Settings; prior approval shall be obtained from the Authority for Transport in Malta for sites falling within the boundaries of schemed roads; prior approval shall be obtained by the Environment and Resources Authority; all cases, prior approval shall be obtained from Project Green:

Provided further that for development under this Class, the relevant the Rural Policy and Design Guidance and all other relevant approved policies under the Act, exceptions, conditions, restrictions, rules, exclusions currently in force, shall not be applicable: Provided further that development under this class shall be subject to the procedure established in sub-articles (1) and (3) of article 5, except for greening project is by Project Green. SCHEDULE II Substituted L.N. Malta Airport Boundary SCHEDULE III Added by: L.N. 281 of 2021. INDIS Malta Zones Amended by: L.N. 37 of 2023.

by Legal Notice 85 of 2025.