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Reform: Condominium Act

OPEN CONSULTATION  

  
 
From: Ministry for Justice, Equality and Governance
​Published: ​4 February 2021
Running till:             31 March 2021
​Last Updated: ​4 February 2021

1.        Background​

The Condominium Act of 1997 has proven to be an important piece of legislation, all the more so since over the past 15 years there has been an influx in urban development throughout Malta and Gozo. This can be highlighted from recent data gathered which outlines that the number of condominia and administrators registered till the 3rd of December 2020 amounts to a total of 3,828. The first registration dates back to over 18 years ago, 15th February 2002. (i.e., a yearly registration rate of 213).

Acts XVI of 2001, IX of 2004 and Legal Notices 181 of 2006 and 425 of 2007 have only amended Chapter 398 (Condominium Act) in a de minimis manner, with no substantial change As it stands, the Condominium Act still has lacunae which need to be addressed at the earliest given that many Maltese and Gozitans tend to reside in apartments, The latter is all the more relevant to the past decade, which saw a change in Malta’s skyline and which is expected to continue to change for the foreseeable future.

The aforementioned comes hand in hand with an ever-growing economy, and the creation of new economic niches which Malta has tapped into over the recent years (e.g., remote gaming and financial services). Notwithstanding, we cannot be indifferent to the fact that urban space is limited, high-rise buildings continue to increase in the wake of what is viewed to be an industry-based market.

With the promulgation of the Condominium Act, the important role of the condominium administrator had been created. Administrators are bound by law to register themselves with the Land Registry and keep the Land Registrar updated with any developments with respect to their appointment.  With this development a new niche in the employment industry has been created and a significant number of individuals have made the administration of blocks of apartments and condominia as a full-time profession. This development has in turn created new lacunae as to what needs to be done to regulate specific individuals and companies whose main scope or profession is to administer immovable property, specifically condominia.

The Legislation

Apartments in blocks and towers are frequently owned by different individuals, whilst the common parts pertaining to such blocks (usually including the entrance door, lobby, stairs, lifts and wells) are owned by those same unit-owners through an undivided share (pro-rata). A right of use over the said common parts is also customary, but ultimately it all depends on the agreement reached between the developer and the different unit-owners.

The main forum where decisions are taken is at the meeting of condomini. This refers to the gathering of the owners of each separate unit where they discuss and voice their opinion on matters concerning the common parts and decide by voting on decisions. 


2.        Consultation Questions
 
Having been in force for more than twenty years and with its ever-increasing relevance, the time is opportune to review the Condominium Act so as to ensure that this legislation reflects better the demands of today and be more effective to address today’s realities.

In this respect, the Government of Malta is hereby inviting the public at large to send in any suggestions for improvement or amendments to said Act, by 31 March 2021 and this prior to every formal amendment to the law being presented to Cabinet for approval.

 
3.        Submission of input
 
Submissions must be sent in through the following channels:

By post:    Auberge D'Aragon
                Independence Square
                Valletta
                VLT 1521​            

Submissions must be received by 31 March 2021.
We thank you in advance for your input.

Please be informed that submissions will be published on the webpage of this consultation at the end of the scoping phase. The lead Ministry has sole discretion upon the publication of comments.

Received contributions, together with the identity of the contributor, will be published on the Internet, unless the contributor objects to the publication of his/her personal data on the grounds that such publication would harm his/her legitimate interests. In this case the contribution may be published in anonymous form. Otherwise the contribution will not be published nor will, in principle, its content be taken into account.  Any objections concerning the publication of personal data should be sent to the service responsible for the consultation on the following email address: onlineconsultations@gov.mt.

Data Protection Statement the General Data Protection Regulation and the Data Protection Act (Chapter 586)

The General Data Protection Regulation and the Data Protection Act Chapter 586 regulate the processing of personal data whether held electronically or in manual form. The Ministry for European Affairs and Equality collects only information which is necessary for it to perform its intended functions and is set to fully comply with the Data Protection Principles as set out in the Data Protection Legislation.  Verification of the ID number provided will take place as deemed necessary. All personal data provided will be processed according to the General Data Protection Regulation and the Data Protection Act (Cap 586).

 

In addition, please be aware of:
 
·         Disclosure under the Freedom of Information Act (Chapter 496)
As we are a public authority all documents we hold, including documents related to this public consultation process, may be released following a request to us under the Freedom of Information Act (Chap. 496), unless such request may be subject of an exemption arising from the same Act.​


www.konsultazzjoni.gov.mt

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