How do you check a property's planning history before you buy?
Perit Matthew James MerciecaArchitect & Civil EngineerIn most cases the Planning Authority's online portal holds the digitised files, including the latest planning permission. Older records — back into the PAPB, the board that handled permits before the Planning Authority was created in 1992 — may need a file search to retrieve. The history lets you match what is being bought against the permission attached to it.
Start with the Planning Authority's portal
For most properties the record is a few clicks away. "In most cases, we can refer to the Planning Authority's online portal, and up to a certain year there is digitalisation of files." That is where the recent history lives, including, as Matthew puts it, "the digital copies of the latest planning permission."
Older files, and what the PAPB was
Beyond a certain date the trail runs back into the PAPB. "Although these have also been digitalised, in many cases one would need to request a file search in order to retrieve the documents for that property." The PAPB — the Planning Area Permits Board — handled permits before the Planning Authority existed; it could only recommend to the Minister for Public Works whether a permit should be granted, with the decision resting there. It was superseded when the Planning Authority was created under Act I of 1992. It is a predecessor body, not an old name for today's authority.
What the history actually tells you
The point of the exercise is comparison. The records "can help us see what has been applied for in the past, and follow through what is currently being bought and what planning permission is attached to it." You are matching the property in front of you against the permissions on file.
Why this is on you, not your notary
This is the check that falls between the professionals. As Dr. Laferla puts it from the legal side, it is not the notary who checks a property's permits — the notary handles title. So the planning history is what you, through your perit, go and read. It is also the answer to what happens when permits turn out to be missing, and it sharpens what you were already looking for at the viewing.
Sources
- Perit Matthew James Mercieca — Yitaku Asks video (the Planning Authority online portal; file searches for older records; matching what is being bought against the permission attached to it)
- Development Planning Act, Chapter 552 — the Planning Authority and the public register of applications and permissions
- Planning legislation in Malta: a brief historical overview (University of Malta, OAR) — the Planning Area Permits Board and its supersession by the Planning Authority under Act I of 1992
Related
Yitaku AsksWho checks a property's permits when you buy in Malta?
Dr. Michael Laferla · Notary
Procedures
Yitaku AsksWhat if a property's permits are missing in Malta?
Dr. Michael Laferla · Notary
Procedures
Yitaku AsksHow do permit irregularities affect a property's value in Malta?
Perit Matthew James Mercieca · Architect & Civil Engineer
Building & Design
Yitaku AsksWhat should buyers be suspicious of during a property viewing?
Perit Matthew James Mercieca · Architect & Civil Engineer
Building & Design