New policy defines all pre-1978 buildings as legal

The new policy regulating rural and ODZ developments defines as “legally established” any building which is visible on aerial photographs dating back up to 1978.

A draft policy proposed in October 2013 had proposed that only buildings dating back further to 1967 should be considered as legally established. 

According to a MEPA spokesperson following the publication of the draft it was confirmed that the Authority does not have a full set of records prior to 1978.

“This complete set only exists from 1978 onwards”.

This contrasts with guidelines found on the frequently asked questions found on MEPA’s own website, which states that pre-1967 structures “should show on the 1967 aerial photos or, in the case of Gozo, on the 1957 aerial photos”.

These guidelines date back to March 2011.

Asked whether this policy effectively legalizes all pre-1978 ODZ buildings, including illegal boathouses, the MEPA spokesperson replied that this is not the case as the new document must be seen in the context of the various policies included in it, most of which deal with a wide range of agricultural and rural developments.

The MEPA spokesperson also pointed out that although “the policy does not make reference to structures built without a permit” the new policy will “regulate the planning process once a development application is submitted”. 

This means that pre-1978 buildings will be considered legal only when a development application is presented to regularize, convert or make extensions to these pre-1978 buildings.

For example the policy allows for the conversion and rehabilitation of pre-1978 buildings into dwellings even if these lack a planning permit. It also allows the demolition of derelict pre-1978 ODZ buildings to make way for agricultural structures.

It also allows the extension of pre-1978 buildings which were constructed without a permit. The policy also allows the conversion of all pre-1978 buildings for agricultural uses like stores, boutique wineries  and stables.  

One of the risks of the new policy is that it could be invoked to regularize developments erected illegally in the 1970s – a period when the authorities were known to turn a blind eye to illegalities even if planning permits have been a requirement since the 1960s.