From the series Living, Land & Law: Fortnight Insights – Article 7

Do property owners have the right to construct buildings to any height, disregarding the impact on neighbouring properties, including access to shared facilities like water tanks?  

One consequence of the right of ownership of immovable property is the presumption of vertical ownership, set out in Article 323 of the Civil Code, and which stipulates that whoever has the ownership of the land, also has that of the space above it and of everything on or over its surface. Nonetheless, this is a juris tantum presumption, meaning that it is rebuttable, and can be limited through the public deed. Ancillary to this presumption is Article 324 of the Civil Code which states that any improvements which take place either on or over or under the land shall be deemed to have been made by the owner and at his own expense.

From these two articles it can be concluded that the owner, unless limited by law, may construct his building to any height which he pleases.

Nonetheless, in terms of the provisions of the Civil Code, there is also a prohibition which may be imposed on a servient tenement from developing the servient tenement beyond a stipulated height. This easement emerges from Roman Law, and it is referred to as the Altius Non Tollendi.

The Altius Non Tollendi is a non-apparent easement which does not allow the owner of the servient tenement from doing something, involving the raising of higher structures. The determination as to whether there is a servitude of Altius Non Tollendi is establishing whether a tenement holds a relationship of dominance over the other. Therefore, this servitude, through which neighbouring buildings are not allowed to exceed a certain height, so as not to impair the views of another tenement, must arise from a deed.

Nonetheless, in this regard, one can also refer to the easements regulating the dividing wall, also known as the party-wall or the boundary wall, as stipulated in the Civil Code. The dividing wall is the wall which separates two adjacent tenements. In terms of Article 414 of the Civil Code, which deals with the raising of the common wall, every co-owner may raise the height of a common wall, but is solely liable for the expenses incurred for:

– Raising the height of the wall;

– Keeping in good repair the part raised above the height of the common wall.

Carrying out such works as may be necessary for the support of the additional weight resulting from the raising of the wall, so that the stability of the wall will not be impaired.

Moreover, in terms of Article 415 of the Civil Code, if the common wall is not in a condition to stand additional height, the landowner who wishes to raise its height must have it entirely reconstructed, and this is at his own expense. Similarly, in the consequent article, it is also made clear that the party raising the common wall is also liable and bound to make good to his neighbour any damage which the latter may have suffered, in consequence of raising the party wall.

Our team of property law experts at Sciberras Advocates in Malta is here to assist with any property issues you may encounter. Feel free to reach out to us at [email protected] for professional support.

Este artículo es solo para fines informativos y no debe interpretarse como asesoramiento legal.

Artículo e investigación realizados por la Sra. Caitlin Turner, actualmente estudiante de la Licenciatura en Derecho (con honores) en la Universidad de Malta..

Sciberras Advocates, fundado por el Dr. Adrian Sciberras, es un bufete de abogados con sede en Malta. La firma se enorgullece de ser multidisciplinar, innovadora y flexible para adaptarse a los tiempos cambiantes y a cualquier desafío en el panorama legal local e internacional. Sin importar las complejas demandas privadas o corporativas que se requieran, Sciberras Advocates ofrece soluciones legales prácticas y rentables para lograr los resultados deseados. Puede contactar a Sciberras Advocates por teléfono al +35627795222o por correo electrónico en [email protected].

We would like to notify all Third Country Nationals about the follow changes or new procedures issued by Identità.

Extending the Interim Receipt (blue paper)

Identità has a new email address for extending the Application for Residence In Malta Interim Receipt – Temporary Authorisation to Work (blue paper). One must attach the receipt and send it to [email protected] to request an extension.

Updated Approval in Principle (AIP) letter

The Single Permit AIP letter has been updated to reflect a requirement for applicants who need a D-Visa to enter the Schengen area to submit their visa application within the first 60 days from the receipt of the AIP letter. This is to ensure that applicants start compiling the required documentation for the second part of their application process earlier, allowing ample time to proceed to Malta. The validity of the AIP letter remains 180 days.

The updated AIP letter (New and Still Abroad applications) now includes a full list of documents which are required during the biometrics appointment at the Expatriates Office. No new documents have been added to this list; however, original documentation must now be presented during the biometrics appointment for authenticity checks.

Health Insurance

The Health Insurance requirement for the employee’s first year of work in Malta will remain in force, however, the insurance will now be uploaded by the employee and not the employer.

National Employment Visa Checklist

The Central Visa Unit published a simplified employment visa checklist to help applicants understand better the requirements of documents to be submitted for their national visa application. This can be accessed through the following link:

https://identita.gov.mt/wp-content/uploads/2025/03/01.-List-of-Required-Documents-EMPLOYMENT-VISA.pdf

The only new document added is the full Skills Pass, which is only required for applicants who have applied for a single permit to work directly, or indirectly, in the tourism and hospitality industry. These applicants will have to present a completed Phase 1 and Phase 2 certificate with their visa application. The Skills Pass will also serve as proof of the applicant’s English language competency. Employers will now be included in any clarification requirements requested from the applicant, to ensure proper follow-up is carried out.

VAC Visa Application Declaration

The Central Visa Unit (CVU) has instructed all Visa Application Centres (VACs) to include a declaration with each application indicating whether all documents have been presented or not. In the case where not all documents are presented, applicants will be given the opportunity to return to the VAC to submit the missing documents. Should the applicant fail to do so, or insist on proceeding with the incomplete application, this will be indicated on the declaration, which will also be signed by the applicant and submitted to the CVU.

Este artículo es solo para fines informativos y no debe interpretarse como asesoramiento legal.

Artículo escrito por la Sra. Charlene Sciberras, B.A. (Hons), colaboradora invitada, es una especialista en marketing y administración de empresas con un enfoque especial en asuntos corporativos, contables y legales.

Sciberras Advocates, fundado por el Dr. Adrian Sciberras, es un bufete de abogados con sede en Malta. La firma se enorgullece de ser multidisciplinar, innovadora y flexible para adaptarse a los tiempos cambiantes y a cualquier desafío en el panorama legal local e internacional. Sin importar las complejas demandas privadas o corporativas que se requieran, Sciberras Advocates ofrece soluciones legales prácticas y rentables para lograr los resultados deseados. Puede contactar a Sciberras Advocates por teléfono al +35627795222o por correo electrónico en [email protected].

This article was originally published on Lovin Malta: https://lovinmalta.com/opinion/guest-post-why-malta-needs-third-country-nationals-in-the-ride-hailing-and-delivery-sector/

Malta is currently experiencing a period of unprecedented tourism, breaking records year after year. With the rapid growth of visitors and an increasingly mobile local population, the demand for efficient and reliable transport and delivery services has never been greater. The rise of ride-hailing apps and food delivery services post-COVID-19 has become an essential part of daily life, providing convenience for both businesses and individuals. At the heart of these services are Third-Country Nationals (TCNs), whose contributions are proving indispensable in keeping Malta moving and ensuring businesses meet customer expectations.

Malta is expecting record-breaking tourism numbers this year, thanks in large part to the continued expansion of low-cost airlines adding new routes to the island and the excellent work done by the country in the post-COVID-19 recovery phase. The first two months of passenger arrivals have already shown strong indications that this trend will persist, with projections suggesting that 2024 will set new records for visitor numbers. With more tourists arriving than ever before, the need for accessible and efficient transport services is at an all-time high.

Tourism has always been one of Malta’s most vital economic pillars, attracting millions of visitors annually. As visitor numbers continue to grow, so does the need for accessible transport services that can accommodate the increased mobility demands. Ride-hailing apps have become an essential complement to Malta’s public transport system, filling gaps in coverage and offering more flexible travel options. TCN drivers are instrumental in ensuring that both tourists and locals can move efficiently, whether heading to hotels, restaurants, historical sites, or business meetings. Without these workers, Malta’s transport infrastructure would struggle to keep up with rising demand, leading to increased congestion, service delays, and reduced accessibility for those who rely on ride-hailing as their primary mode of transport.

Similarly, the explosion of food delivery and courier services has transformed the way businesses operate and how people access essential goods. The convenience of ordering meals, groceries, and everyday essentials has become a staple for locals, expatriates, and tourists alike. From busy professionals who rely on quick meal deliveries to elderly residents who depend on couriers for their groceries and medication, the role of delivery workers is more than just a commercial service, it is a critical element of modern living. TCNs make up a significant portion of this workforce, tirelessly navigating Malta’s busy streets to meet the needs of customers and businesses alike. Without their contribution, restaurants would face logistical difficulties in reaching customers, supermarkets would struggle to maintain competitive delivery services, and e-commerce platforms would be unable to meet the increasing demand for home deliveries.

Beyond convenience, these services have now become an expected part of daily life. Both the native population and Malta’s guests — tourists who visit the country — have grown accustomed to the efficiency and accessibility of ride-hailing and food delivery options. The sophisticated algorithms that power these services rely on a steady supply of drivers and couriers to function properly, ensuring that wait times remain low and prices stay affordable for users. If Malta experiences a shortage of workers in these sectors, it risks longer delays, higher fares, and a reduction in service reliability. This, in turn, would negatively impact both residents and visitors who now see these services as indispensable.

Moreover, as Malta positions itself as a prime destination for large-scale events such as concerts, conferences, and international gatherings, the need for a well-functioning transport and delivery infrastructure becomes even more pressing. A sudden influx of visitors places additional strain on existing services, and without a strong workforce of TCNs to handle peak demand, the country could struggle to accommodate the needs of event attendees. Efficient transport options and rapid food and parcel delivery play a crucial role in ensuring that special events run smoothly and contribute positively to Malta’s reputation as a world-class destination.

Despite their vital role, TCNs working in the ride-hailing and delivery sectors often face significant challenges. Many are subject to exploitative working conditions, unpredictable earnings, and lengthy bureaucratic hurdles to obtaining or renewing work permits. The reality is that while these workers sustain Malta’s transportation and delivery infrastructure, they often do so under difficult circumstances. Ensuring fair treatment, proper regulation, and protection for TCNs in these sectors is not just a matter of ethics but also one of national interest. If Malta fails to support these workers adequately, it risks service shortages that would negatively impact both businesses and consumers.

The government must recognise that ride-hailing and delivery services are now fundamental to Malta’s economy and social framework. Striking the right balance between regulation and business sustainability is essential. Overregulation or excessive restrictions could force many operators out of business, creating a negative ripple effect on the broader economy. If these services decline, consumers will face higher costs, reduced availability, and an overall decrease in quality.

It is also important to acknowledge the wider economic benefits these services bring. Ride-hailing and delivery businesses generate added value and employment opportunities across various sectors. Car dealerships benefit from increased sales, mechanics see higher demand for vehicle maintenance and repairs, insurance companies provide coverage for an expanding fleet, and fuel stations experience steady demand from thousands of vehicles operating daily. Restaurants and retail establishments see increased sales as a direct result of delivery services, while mobile phone retailers and tech service providers benefit from the reliance on GPS-enabled devices and app-based platforms. Moreover, financial service providers handling digital transactions and cashless payment systems experience greater activity due to the expanding gig economy.

When shaping transport policies, the government must look at the bigger picture. Tourism and economic growth are crucial, but policies must also factor in the availability of human resources and the broader impact on the well-being of Malta’s native population. Beyond just meeting consumer demand, these services contribute to community empowerment, allowing TCNs to integrate into Maltese society while providing an essential service. Encouraging tolerance and coexistence through structured policies will foster a more inclusive and diverse Malta, where foreign workers are not just seen as temporary contributors but as valued members of the community.

Rather than seeing migrant workers as a temporary solution, Malta must adopt policies that acknowledge their long-term importance to the economy. Streamlining work permit processes, enforcing fair labour practices, and improving working conditions in the ride-hailing and delivery sectors will ensure that these critical services continue to thrive. If we want to sustain our tourism boom, support local businesses, and enhance quality of life for our residents, we must appreciate, protect, and integrate the workers who make these services possible. Policy makers must take into account that as Malta continues to develop and attract large-scale events, a robust ride-hailing and delivery workforce is not just beneficial, it is indispensable. The success of Malta’s transport and delivery sectors depends on them, and now more than ever, we need them to keep Malta moving forward.

Este artículo es solo para fines informativos y no debe interpretarse como asesoramiento legal.

Article written by Dr Adrian Sciberras, FCCA, MIA, CPA, LL.B. (Hons) (Melit.), M. Adv (Melit.), an advocate specialising in immigration and employment law. With a deep commitment to his country, he strives to contribute to discussions on sustainable growth and legal frameworks that support Malta’s future. He can be contacted on [email protected].

Sciberras Advocates, fundado por el Dr. Adrian Sciberras, es un bufete de abogados con sede en Malta. La firma se enorgullece de ser multidisciplinar, innovadora y flexible para adaptarse a los tiempos cambiantes y a cualquier desafío en el panorama legal local e internacional. Sin importar las complejas demandas privadas o corporativas que se requieran, Sciberras Advocates ofrece soluciones legales prácticas y rentables para lograr los resultados deseados. Puede contactar a Sciberras Advocates por teléfono al +35627795222o por correo electrónico en [email protected].

From the series Living, Land & Law: Fortnight Insights – Article 6

What can be done if my neighbour accidentally damages my property but refuses to cover the repair costs?

Article 1031 of the Civil Code sets out the general presumption that every person is to be liable for the damage which occurs through his own fault. This liability arises when a person fails to act with the level of prudence, diligence and attention expected of a bonus paterfamilias, which is the standard of care generally expected in similar situations.

In Article 1041 of the Civil Code, the law also establishes the liability of the owner of a building. In terms of this article, the owner of a building is liable for any damage which is caused either by its fall, if such fall is owing to the need of repairs or because of a defect in its construction, but this is so long as the owner was aware of the defect, or else had reasonable ground to believe that it existed.

Beyond situations where the damage has already occurred, the law, interestingly, also envisages the possibility where damage is feared, in Article 538(1) of the Civil Code. In terms of this article if a person has reason to apprehend that in consequence of any new work undertaken by another person, damage can ensue to an immovable thing owned by the former, then, he may institute an action demanding that such latter party be restrained from the continuation of work, as long as the work or construction has not been completed, and that one year should not have elapsed from the commencement thereof.

From these legal provisions it can be concluded that if one’s neighbour refuses to cover repair costs after causing damage, one may bring an action in court, seeking compensation. The court would be directed to assess and fix the amount of damages payable by the neighbouring property owner and establish an order that obliges the neighbour to cover the repair costs, if found liable. If the damage has occurred through construction work, one may also rely on the Avoidance of Damage to Third Party Property Regulations, Subsidiary Legislation 623.06, which requires developers to carry insurance, and may also offer a basis for claiming compensation.

Our team of property law experts at Sciberras Advocates in Malta is here to assist with any property issues you may encounter. Feel free to reach out to us at [email protected] for professional support.

Este artículo es solo para fines informativos y no debe interpretarse como asesoramiento legal.

Artículo e investigación realizados por la Sra. Caitlin Turner, actualmente estudiante de la Licenciatura en Derecho (con honores) en la Universidad de Malta..

Sciberras Advocates, fundado por el Dr. Adrian Sciberras, es un bufete de abogados con sede en Malta. La firma se enorgullece de ser multidisciplinar, innovadora y flexible para adaptarse a los tiempos cambiantes y a cualquier desafío en el panorama legal local e internacional. Sin importar las complejas demandas privadas o corporativas que se requieran, Sciberras Advocates ofrece soluciones legales prácticas y rentables para lograr los resultados deseados. Puede contactar a Sciberras Advocates por teléfono al +35627795222o por correo electrónico en [email protected].

Your Guide to Environment and Planning Review Tribunal Cases in Malta

Navigating environmental and planning laws in Malta can be challenging, especially when it involves decisions that impact personal, business, or development interests. If you’ve encountered a decision from the Planning Authority or the Environment and Resources Authority (ERA) that affects your property or project, understanding your rights for appeal can be crucial.

What is the Environment and Planning Review Tribunal (EPRT)?

The EPRT, established under the Environment and Planning Review Tribunal Act (Chapter 551 of the Laws of Malta), serves as an independent body to review decisions made by the Planning Authority and the ERA. Its primary role is to examine both the legality and facts behind these decisions, offering a legal avenue for individuals and businesses to contest outcomes they believe are unjust or incorrect. With a mandate grounded in Maltese law, the EPRT is empowered to handle various disputes within the environmental and planning domain.

When Can You Appeal an EPRT Decision?

Appealing a decision with the EPRT is possible under certain conditions, especially for those who have applied for development permission and received an unfavourable decision. Some common situations eligible for EPRT appeal include:

• Full development permissions
• Permissions under a Development Notification Order (DNO)
• Permissions granted through regularisation processes
• Alignment changes under a Planning Control application
• Permissions for Projects of Common Interest (PCI)
• Registration and other specific property-related issues

Each appeal type involves distinct procedures and documentation, and understanding these nuances is vital to building a strong case.

Our Approach to EPRT Appeals at Sciberras Advocates

At Sciberras Advocates, we bring a results-driven approach to the appeals process, guiding clients through every stage. Our property law experts begin with a thorough case analysis to assess the merit and grounds for appeal based on current laws and regulations. We then prepare and submit detailed documentation, ensuring each step aligns with the EPRT’s procedural standards.

With extensive experience in complex EPRT cases, our team leverages its in-depth understanding of planning and environmental law, offering clients an advantage in presenting their case effectively. This proactive approach allows us to help clients achieve their goals with minimal disruption to their projects.

At Sciberras Advocates, we offer expert guidance and legal assistance for appeals before the Environment and Planning Review Tribunal (EPRT), providing strategic support grounded in deep legal knowledge and practical experience.

Choosing Sciberras Advocates means partnering with a team that values proactive strategies and effective representation. Our experience with EPRT procedures, combined with a proven track record in environmental and planning appeals, makes us a trusted ally for both individuals and businesses in Malta. We take pride in delivering tailored legal services that not only protect your interests but also support your broader development goals.

Este artículo es solo para fines informativos y no debe interpretarse como asesoramiento legal.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates, fundado por el Dr. Adrian Sciberras, es un bufete de abogados con sede en Malta. La firma se enorgullece de ser multidisciplinar, innovadora y flexible para adaptarse a los tiempos cambiantes y a cualquier desafío en el panorama legal local e internacional. Sin importar las complejas demandas privadas o corporativas que se requieran, Sciberras Advocates ofrece soluciones legales prácticas y rentables para lograr los resultados deseados. Puede contactar a Sciberras Advocates por teléfono al +35627795222o por correo electrónico en [email protected].

From the series Living, Land & Law: Fortnight Insights – Article 5

What protection does the law offer to tenements whose neighbours cause noise disturbances during construction?

In terms of the Third Schedule of the Construction Management Site Regulations, Subsidiary Legislation 623.08, construction activity can be carried out between 7am to 8pm. It is unlawful to make use of a mechanical excavator with a hydraulic hammer at all times, and a pneumatic drill can only be used after 7:30am and till 4pm. Then, on Sundays and on public holidays no construction work can be carried out. Nonetheless, in cases of emergencies construction can be carried out at other times as long as the authority is informed of such in the first hour of the work.

Moreover, for there to be exemptions from the above restrictions, an approval from the Building and Construction Authority is required, which must set out a number of specific conditions applicable. This is the same for works in tourism zones which require the clearance of the competent authority responsible for tourism.

Nonetheless, if the nearest habitable space, next to the construction zone, exceeds 1 kilometre, the above rules are not applicable.

There is also a general provision in the same regulations, particularly in the Fourth Schedule, which states that construction sites must avoid unnecessary noise such as leaving noisy operating machine idle, or excessive revving of engines. Moreover, to minimise the noise and vibration levels, the equipment used should also have a functional exhaust or muffler system. Nonetheless, there is still no agreement on how loud or the noise levels which must be followed, during the allowed hours.

Moreover, if the noise is not being caused by construction works, but rather minor maintenance works the matter must be referred to the police, as it would not fall within the competence of the Building and Construction Authority.

Although there are no specific provisions in the law which govern noise from neighbours, nonetheless, there are two main Criminal Code provisions which have been invoked by the courts in noise-related disputes. Article 338(m) of the Criminal Code states that a person is found guilty of a contravention against public order if he disturbs inhabitants at night, since it would prevent people from having their rest. Whilst the above-mentioned article is linked to nighttime, Article 338(dd) of the Criminal Code has been invoked when there are noise complaints which do not arise at nighttime, constituting a breach of the peace. Nonetheless, it is up to the discretion of the court to determine whether the noise complained about was truly an absolute nuisance.

Our team of property law experts at Sciberras Advocates in Malta is here to assist with any property issues you may encounter. Feel free to reach out to us at [email protected] for professional support.

Este artículo es solo para fines informativos y no debe interpretarse como asesoramiento legal.

Artículo e investigación realizados por la Sra. Caitlin Turner, actualmente estudiante de la Licenciatura en Derecho (con honores) en la Universidad de Malta..

Sciberras Advocates, fundado por el Dr. Adrian Sciberras, es un bufete de abogados con sede en Malta. La firma se enorgullece de ser multidisciplinar, innovadora y flexible para adaptarse a los tiempos cambiantes y a cualquier desafío en el panorama legal local e internacional. Sin importar las complejas demandas privadas o corporativas que se requieran, Sciberras Advocates ofrece soluciones legales prácticas y rentables para lograr los resultados deseados. Puede contactar a Sciberras Advocates por teléfono al +35627795222o por correo electrónico en [email protected].

This article was originally published here: https://whoswho.mt/en/sciberras-advocates-a-trusted-partner-in-immigration-law.

Immigration remains a crucial yet sensitive topic in Malta. In January 2025, the government launched the Malta Labour Migration Policy, which has now closed for public consultation. Over the past decade, Malta has experienced remarkable economic growth, leading to an increased demand for labour. While employment levels are at an all-time high, the challenges of an aging population and declining birth rates have significantly reduced the local workforce, making labour migration essential for sustaining economic growth. According to this policy document, foreign workers now constitute approximately one-third of the workforce, bringing valuable expertise across various sectors. While their contributions strengthen Malta’s economy, they also place additional pressure on infrastructure and public services.

As a result, Malta has become a sought-after destination for third-country nationals (TCNs) seeking employment and long-term residency. However, the application process for a Single Work Permit and related matters such as visa applications, appeals for rejections, family reunification, and long-term residency applications, can be complex and subject to stringent requirements. Successfully navigating these legal intricacies often requires expert guidance.

Expertise in Immigration Law

Sciberras Advocates specialises in assisting individuals and businesses with immigration matters, ensuring that they understand the correct procedures, legal rights, and obligations while complying with local regulations. The team is dedicated to streamlining the application process, offering personalised legal support to achieve successful outcomes, for both the employer who is hiring, and the employee.

To further simplify the process, they have developed a comprehensive guidebook, Identitās. Derived from the Latin word for “identity,” identitās signifies both the sameness and uniqueness of an individual. This concept is central to the work of the firm, as they recognise that identity plays a fundamental role in each person’s journey.

As a leading law firm in Malta specialising in immigration, the firm handle a wide range of procedures for third-country nationals, including work permits, changes of employment, family reunification, long-term applications, appeals, assistance with travel bans, and more. Their commitment to safeguarding the unique identities of those who they serve is reflected in the meticulous attention and personalised service they provide.

Identitās was designed as a free, user-friendly guidebook to offer clear, comprehensive, and accessible information on the immigration process. The guidebook is also regularly updated. As a firm, Sciberras Advocates understand that a work permit is more than just a legal document, it is a gateway to new opportunities, experiences, and professional growth for both employers and the employees and their families. By placing identity at the heart of their services, Sciberras Advocates demonstrates its dedication to upholding the rights and aspirations of all their clients.

One can download Identitās here: https://sciberras.legal/identitas-by-sciberras-advocates/.

The evolving Maltese labour market presents unique challenges for both employers and employees. Sciberras Advocates provides strategic legal advice to ensure compliance with employment laws and regulations, mitigating potential risks while protecting clients’ interests. The firm assists employers who hire third-country nationals by guiding them through the legal requirements, the bureaucratic work permit application processes, and regulatory obligations to ensure a seamless hiring process for all parties involved.

Este artículo es solo para fines informativos y no debe interpretarse como asesoramiento legal.

Article written by Ms Charlene Sciberras, B.A. (Hons), guest writer, a marketing and business administration specialist with a special focus on corporate, accounting, and legal matters.

Sciberras Advocates, fundado por el Dr. Adrian Sciberras, es un bufete de abogados con sede en Malta. La firma se enorgullece de ser multidisciplinar, innovadora y flexible para adaptarse a los tiempos cambiantes y a cualquier desafío en el panorama legal local e internacional. Sin importar las complejas demandas privadas o corporativas que se requieran, Sciberras Advocates ofrece soluciones legales prácticas y rentables para lograr los resultados deseados. Puede contactar a Sciberras Advocates por teléfono al +35627795222o por correo electrónico en [email protected].

From the series Living, Land & Law: Fortnight Insights – Article 4

How are discrepancies between contracts of different apartments within the same block resolved?

When it comes to discrepancies in sale agreements for different units (apartments) within the same block, the initial step is to identify the original owner of the land and review the original contract of sale. This involves establishing the preliminary conditions set when these tenements where initially sold. The responsibility for this task lies primarily with the notary public, who, after drafting a promise of sale agreement, must conduct thorough research to examine whether any servitudes are in place, and verify the validity of the legal title.

If the original contract of sale does not permit a particular servitude, the prospective seller cannot independently decide to include such. If this is the case, a correction to the contract of sale is necessary. Finally, if disputes over the tenements persist, the final recourse would be to institute a claim in the Civil Court.

Our team of property law experts at Sciberras Advocates in Malta is here to assist with any property issues you may encounter. Feel free to reach out to us at [email protected] for professional support.

Este artículo es solo para fines informativos y no debe interpretarse como asesoramiento legal.

Artículo e investigación realizados por la Sra. Caitlin Turner, actualmente estudiante de la Licenciatura en Derecho (con honores) en la Universidad de Malta..

Sciberras Advocates, fundado por el Dr. Adrian Sciberras, es un bufete de abogados con sede en Malta. La firma se enorgullece de ser multidisciplinar, innovadora y flexible para adaptarse a los tiempos cambiantes y a cualquier desafío en el panorama legal local e internacional. Sin importar las complejas demandas privadas o corporativas que se requieran, Sciberras Advocates ofrece soluciones legales prácticas y rentables para lograr los resultados deseados. Puede contactar a Sciberras Advocates por teléfono al +35627795222o por correo electrónico en [email protected].

Preliminary:

An appeal against the Refusal of Single Permit Application, concerning our client, a Nepalese national.

Facts:

Our client, a Nepalese, who arrived in Malta through legal means, had applied for a change of employer. She diligently followed the prescribed legal procedures to obtain a new Single Work Permit, yet her application was refused due to baseless bureaucratic technicalities. The refusal was grounded on an alleged ‘objection from Jobsplus’, which classified her prospective employer as a ‘temping agency’. However factual evidence clearly demonstrated that their prospective employer is a cleaning and housekeeping company, not a temping agency. The refusal letter’s claim that the employer company and their brand are two separate entities is factually incorrect, their brand is merely a brand operated by the company, not an independent legal entity.

The way our client’s application was handled is an appalling example of bureaucratic negligence, several critical procedural violations can be identified such as despite having the power to request additional documentation under Regulation 16(1) of Subsidiary Legislation 217.17, Identità never asked for clarification or supporting documents, proceeding instead with an outright refusal. The refusal letter was unmotivated, failing to cite any specific legal provision that was allegedly violated. This directly contravenes European legal principles that mandate clear reasoning for administrative decisions. The decision was also made without giving our client an opportunity to respond or provide further clarification, a direct violation of the audi alteram partem principle. This decision disregards the fundamental human dignity of an individual who has made Malta their home, lawfully secured employment, and upheld all legal responsibilities. The case law cited in their appeal demonstrates that Malta has previously ruled in favour of applicants in similar situations, recognising that any wrongdoing by an employer should not unfairly penalise the employee. The decision against our client, however, ignores this crucial precedent, treating them as collateral damage in a bureaucratic misstep. Our client’s case is not merely a legal dispute but a profound moral failing of the system that should be protecting individuals like them. The authorities’ actions have created an undue burden on an individual who has done everything in their power to comply with the law.

Decision Appealed:

Sciberras Advocates appealed this decision for the Refusal of the Single Work Permit. The appeal mentioned the violation of fundamental rights such as:

• Article 23 of the Universal Declaration of Human Rights which is the right to work, denying her the ability to work despite her prospective employers willingness to hire her is a blatant violation of international human rights standards.
• The Right to Family and Private Life (Article 8 of the European Convention on Human Rights, forcing her to leave Malta disrupts her settled life and aspirations, ignoring the human impact of administrative decisions.
• The Right to equal treatment, other Nepalese nationals have been granted employment licenses under similar circumstances, raising serious concerns about discriminatory and inconsistent decision making by authorities.

Our client’s case is an illustration of bureaucratic overreach and systemic disregard for the human impact of immigrant decisions. It was argued that it is imperative for the Appeals Board to declare the refusal of the decision null and void due to its procedural irregularities and  lack of legal basis, Allowing our client to proceed with their application and instruct Identità to approve it without hesitation and to rectify the miscarriage of justice by ensuring that Jobsplus and the Immigration Police recognise her right to work and reside in Malta was essential.

Legal Framework:

Subsidiary Legislation 217.17 (Single Permit Regulations):

Regulation 16(1): Jobsplus failed to request further information before refusal.

Regulation 15: The refusal letter was wrongly addressed to the employer instead of our client, violating proper notification procedures.

Directive 2011/98/EC (EU Single Permit Directive):

Preamble 5: Administrative procedures must be transparent, fair and efficient which was not the case for our client.

European Convention on Human Rights:

Article 8: Right to private and family life, forcing our client to leave Malta disrupts her settled life.

Universal Declaration of Human Rights:

Article 23: Right to work and free choice of employment, which was denied to our client despite their legal compliance.

Case Law supporting our client’s case:

Ayesha Shaukat vs Identity Malta (2022) – Established that employer misconduct should not unjustly affect employees.

Mohammed Yasin Ahmed vs Identity Malta (2023) – Recognized humanitarian concerns in work permit decisions.

Ekogiawe Johnbull Ibrahim vs Identity Malta (2023) – Found it unfair to retroactively apply policy changes to legitimate workers.

Decide:

Sciberras Advocates successfully appealed the decision of the refusal of the single work permit and the Appeals Board concluded that the Agency did not provide sufficient proof that the company was a temping agent and therefore decided to rule in favour of the appellant.

Este artículo es solo para fines informativos y no debe interpretarse como asesoramiento legal.

Article written by Mr Dale Attard, currently reading a Bachelor of Laws (Honours) at University of Malta.

Sciberras Advocates, fundado por el Dr. Adrian Sciberras, es un bufete de abogados con sede en Malta. La firma se enorgullece de ser multidisciplinar, innovadora y flexible para adaptarse a los tiempos cambiantes y a cualquier desafío en el panorama legal local e internacional. Sin importar las complejas demandas privadas o corporativas que se requieran, Sciberras Advocates ofrece soluciones legales prácticas y rentables para lograr los resultados deseados. Puede contactar a Sciberras Advocates por teléfono al +35627795222o por correo electrónico en [email protected].

From the series Living, Land & Law: Fortnight Insights – Article 3

Does a property owner have the right to access a neighbouring roof if it contains facilities like water tanks?

Article 400 of the Civil Code defines an easement as “a right established for the advantage of a tenement over another tenement belonging to another person, for the purpose of making use of such other tenement or of restraining the owner from the free use thereof”. Then, in terms of the article which follows, easements can be created in two ways: either by law or by an act of man. When it comes to the latter, the law states that it shall be lawful for the owners to establish any easement which they desire, as long as it does not go counter to public policy.

When it comes to examining what easements, tenements have over neighbouring property, the point of departure would be to examine the deed of sale. Does the contract of sale allow for the tenement of a property, to access the roof of another, and place his/her water tanks over the roof? And if so, does the former tenement pay a share of maintenance expenses of the roof?

One judgement which can be referred to is Licari vs Gusman, decided on the 15th of June 2023. In this case, the dominant tenement requested the court to declare that she had the right of perpetual use and passage over the roof belonging to the defendant. Use, in this case, was limited to a water tank, television aerial and dish antenna. The court, in this case, had categorised this easement as discontinuous and non-apparent, making Article 469(1) of the Civil Code applicable to it. In terms of this sub-article, continuous non-apparent easements must be created by a valid title and cannot be obtained by the passage of time.

Then, the law also requires that a title which creates an easement must result from a public deed, in the absence of which the right to an easement is null. The court further stated that if the easement, which is established in a public deed is normal and reasonable use thereof is made, whereby it does not hinder the other owners from the enjoyment of the roof, then, the exercise of the easement itself should be allowed, and that, in line with Article 474(1) of the Civil Code, the owners of the roof cannot do anything which restrict the use of the easement, by making it more burdensome.

Then, as confirmed in the judgement of Christoper and Marisa Galea vs Emanuel and Maria Concetta Spiteri, if owners of a particular tenement place a water tank on the roof, which does not belong to them, and other flat owners did not complain on such, nonetheless, this still does not give them the right to keep the water tank.

Therefore, from this it can be concluded that the right of passage over the roof belonging to another tenement and the use thereof is only permissible if the easement has been accounted for in the deed of sale. If this has not been included, then, the tenement cannot arbitrarily decide to place his water tank over the roof, if he has no ownership thereof. On the other hand, if the contract of sale permits such use and placement, then, the owners of the roof cannot hinder its application.

Nuestro equipo de expertos en derecho inmobiliario de Sciberras Advocates en Malta está aquí para ayudarlo con cualquier problema legal que pueda encontrar. No dude en contactarnos en [email protected] para recibir apoyo profesional.

Este artículo es solo para fines informativos y no debe interpretarse como asesoramiento legal.

Artículo e investigación realizados por la Sra. Caitlin Turner, actualmente estudiante de la Licenciatura en Derecho (con honores) en la Universidad de Malta..

Sciberras Advocates, fundado por el Dr. Adrian Sciberras, es un bufete de abogados con sede en Malta. La firma se enorgullece de ser multidisciplinar, innovadora y flexible para adaptarse a los tiempos cambiantes y a cualquier desafío en el panorama legal local e internacional. Sin importar las complejas demandas privadas o corporativas que se requieran, Sciberras Advocates ofrece soluciones legales prácticas y rentables para lograr los resultados deseados. Puede contactar a Sciberras Advocates por teléfono al +35627795222o por correo electrónico en [email protected].