No proof of residence to turn rubble into villa

The Planning Directorate is insisting that there is no proof to show that a farmhouse which collapsed 38 years ago was once a residence. The Environment and Resources Authority is also objecting to the development.

Just a pile of rubble is what is left of the Zabbar farmhouse on Sqaq tal-Fata that collapsed 38 years ago, but its owners now want to rebuild it into a two storey dwelling set over a footprint of 141 square metres – and to do that the owners have to prove that the building was once used as a residence.

In February architect Robert Musumeci told MaltaToday that proof of residential use has been submitted to the Planning Authority, consisting of notarial deeds. A photo of the building dating back to 1957 has also been submitted.

But according to the PA case officer the notarial deed dated June, 1952 refers to a room, an overlying structure and a yard containing a kitchen and two roofless structures. 

“This seems to imply that the building was more likely used for the rearing of animals rather than as a dwelling,” the case officer concluded. Moreover the notarial deed was not accompanied by a site plan which confirms that the property highlighted in the notarial deed refers to the site in question. In view of the lack of conclusive proof that the building served as a residence, the case officer is calling on the authority to refuse the permit.

Various people living in the vicinity of the pile of rubble have also disputed the veracity of claims that the rural structure was ever inhabited and the new Environment Resources Authority has also objected, arguing that the collapsed building “appears to be an old  traditional rural structure characterized by traditional features and was an integral part of the character of the area”. The ERA concluded that a “pre-1978 structure should never be considered as a justification for the development of a 140.8 square metre residence.”

Rebuilding old ruins outside development zones into new dwellings is permitted by the rural policy, if developers present proof that the ruins were once used as a residence. The proposed reconstruction of the farmhouse had already been refused by the MEPA in 1998 and confirmed by its appeals board two years later. 

The building was abandoned in 1978, and one of the roofs had collapsed six years earlier, followed by the collapse of one of the rooms. In 1998 the applicant pleaded with MEPA to consider her social situation, that of living with her mother in a very small house with a husband and three children. The case officer report also reveals that “some works” were conducted on site “which would make identification of the ruins even more difficult”. 

Policy paves the way for redevelopment of ruins 

Roofless and long-abandoned countryside ruins can be transformed into villas – thanks to the controversial Rural Policy in Design Guidelines approved in 2014. All that an owner has to do is prove that the structures had served as a dwelling in the past. The policy can also be invoked to rebuild long demolished agricultural stores if these are retained for the same purpose.

Moreover, according to the policy, any building constructed before 1978 is considered as legal. Therefore any ruin of such buildings may now be reconstructed. 

Prior to 2014 buildings could only be converted if these were in a “sound structural condition” and if the conversion could be made “without substantial rebuilding”. But this was not enough to prevent the substantial rebuilding of countryside ruins, such as the building developed by former PN president Victor Scerri through a series of piecemeal applications. 

Curiously, the demolition and complete redevelopment of “ruins” was specifically excluded in the first draft policy regulating rural and ODZ developments issued for public consultation in October 2013.  

The policy originally defined as a ruin any dilapidated structure “which had lost the majority of its supporting walls or roofs”. But this important clause was excluded in the final policy approved by the government a year later.  

It was this policy that was invoked in September 2015 to issue a permit for the demolition of three roofless structures to be converted into a villa with a swimming pool, on the Rabat outskirts of Landrijiet – also ODZ. The villa is to be built over a footprint of 165 square metres.

Gigantic store proposed in Marsaxlokk

Applications to resurrect old buildings either as stores or villas are becoming more common thanks to the new rural policy. The most recent application is to rebuild piles of rubble left by a number of stores in an agricultural area in Marsaxlokk into a large agricultural store set over a footprint of 99 square metres. The stores are located on a 10,000 square metre land parcel.  The area is known as Tal-Karmnu and lies in the vicinity of Triq it-Torri near il-Marnisi vineyards. The application is still in its infancy and a screening letter informing the developer whether the proposal conforms to policy has still to be issued.