MEPA to prohibit basement apartments

In a circular to architects, the Malta Environment and Planning Authority has indicated that it will turn down applications for the creation of additional residential units in basements.

The circular has been met with consternation by the Malta Developers Association and the Chamber of Architects (KTP).

Basement apartments became a regular feature of large apartment complexes over the past two decades.

The Development Control Policy and Design Guidance of 2007 already states that basements should not be used as separate dwellings, to ensure that sub-standard dwellings “with a poor quality internal environment” are not created.

Despite these guidelines, MEPA has still issued permits for basement apartments.

The circular notes that over the past years, the use of basements for residential purposes has led to a decline in the quality of life of those living in these conditions. Moreover, instances were brought to the attention of MEPA whereby the resulting properties were substandard. Sanitary related issues were also reported in some cases.

Problems included natural lighting and ventilation, unresolved issues with rising damp, substandard design, living spaces and conditions.

MEPA said that the 2007 guidelines referred to “limited circumstances” where the use of such underground structures may be contemplated for residential  purposes.

The new guidelines now seek to define these limited circumstances.

According to the guidelines, basements can be developed only when a development lies at the edge of the development zone where inhabitants of basements may still enjoy views.

Basement residences are also to be allowed on “moderately to steeply sloping” ground.

Ambiguously, the new guidelines also permit underground residences when these are part of a high-quality development where the units convey “a sense of prestige”.

The new guidelines also advise against the encroachment of development in back gardens and yards.

“Any development extensions onto such spaces should be justified and ‘of a minor nature” so as to safeguard the integrity of the overall green lung as  well as the character of the overall urban area.

MDA, KTP reaction

The Malta Developers Association and the Chamber of Architects (KTP) on their part claimed the MEPA circular was “increasing uncertainty” for the industry, claiming the authority was “changing its policies unilaterally without giving advance notice and conducting any type of public consultation with interested bodies like the MDA and the KTP, when these changes are effectively changes in the policies.”

The two organisations said the circular establishes new regulations, not simple clarifications or interpretations, and that the new parameters are not mentioned in the law or MEPA policies.

“Therefore they constitute substantial changes in the existing policies,” the two bodies said. “They do not only affect applications that will be made in future, as happens when there are official changes in policies, but through the simple issuing of a ‘circular’ there have been changes in policies that are to be applied even for applications that are still being processed by MEPA, no matter what stage the process has reached.”

The two bodies said MEPA was “reneging on its obligations to consult with the public” and accused it moving the goalposts “so that no one will know where they stand and without respecting the procedures established by law.”