   HOUSING (EXTENSION)   _g CAP. 360.        1
CHAPTER 360
HOUSING (EXTENSION) ACT
To extend the Housing Act, Cap. 125.
13th February, 1992
ACT XIV of 1992 as amended by Acts XXIII of 1992 and III of 1995.
Short title.
Re-enactment of 
Housing Act.
Cap. 125.
2.   (1) With effect from the date when, in accordance with
article 21 thereof its operativeness would have expired, the
Housing Act, hereinafter referred to as "the principal Act"
reproduced in the schedule to this Act is being hereby re-enacted
subject to the amendments as incorporated in the said principal Act
as reproduced in the said schedule.
(2) The principal Act as reproduced in the schedule to this Act
and as may from time to time be amended, shall be operative for a
period of 3 years commencing on the 13th day of February 1992
and may be continued in force in the manner prescribed in the
proviso to article 21 thereof.
Transitory 
provision. 
Act XXXVII of 
1989.
3.   The provisions of article 10 of the Housing (Amendment)
Act, 1989 shall, notwithstanding any of the provisions of this Act,
continue to apply in relation to any building therein referred to. 
Amended by: 
XXIII.1992.2; 
III.1995.2.
SCHEDULE
(Section 2)
HOUSING ACT
To make provision for securing living accommodation to the
homeless, for ensuring a fair distribution of living accommodation
and for the requisitioning of buildings.
Short title.
Interpretation.
Cap. 69.
"building" means a house or other building, or part thereof, used
or capable of use for residential purposes, and includes any land or
garden forming an integral part, or enclosed within the precincts, of
such a house or other building; but does not include a tenement
falling within the definition of shop under article 2 of the Reletting
of Urban Property (Regulation) Ordinance;
"Director of Social Housing" or "Director" means the public
officer appointed by the Prime Minister to be the Director of Social
Housing for the purposes of this Act;
  2      CAP. 360. _h               HOUSING (EXTENSION)
"Minister" means the Minister responsible for housing:
Provided that the Minister may, by writing under his hand,
delegate all or any of his powers and duties under this Act to any
officer of his Ministry, and, to the extent of such delegation, if
made, any reference to the Minister in this Act shall include a
reference to such officer;
"requisition" means take possession of a building or require the
building to be placed at the disposal of the requisitioning authority;
"requisitionee" means the person or persons from whose
possession a building has been requisitioned by the requisitioning
authority.
Power to 
requisition effects 
and enforcement.
3. (1) If it appears to the Director of Social Housing to be
necessary or expedient so to do in the public interest, but only for
the purpose of providing living accommodation to persons or of
ensuring a fair distribution of such living accommodation, he may
requisition any building, and may give such directions as appear to
him to be necessary or expedient in order that the requisition may
be put into effect and complied with.
(2) A requisition order made under subarticle (1) shall be
served on the person entitled to the immediate occupation of the
building requisitioned, or his agent or representative, and where the
building, is held by the occupant on lease, or on a temporary
emphyteusis expiring not later than five years from the date of the
order, it shall also be served on the landlord or the direct owner, as
the case may be, or their agent or representative:
Provided that where a title to any building as aforesaid, or
to its occupancy, belongs to more than one person, service of the
requisition order on any one of such persons shall, in respect of the
title held in common with others, have effect as if it had been
served also on all such other persons.
(3) Where, after the exercise of due diligence, any person on
whom a requisition order is to be served, or his agent or
representative, cannot be found, or if found refuses to accept the
order, the requisition order shall be deemed to have been validly
served on such person, and on such other persons as would have
been deemed to be served with the order had it been served on such
persons, if notice of the order is given in the Government Gazette
and in not less than three daily newspapers published in Malta.
(4) A requisition order made and served in accordance with the
provisions of this section shall operate and have full effect against
all persons and shall remain so operative and effective until the
building is derequisitioned.
(5) Any police officer not below the rank of sergeant may, on
instructions from the director, take such steps and use such force as
appear to him to be reasonably necessary for securing compliance
with directions given to any person under the provisions of this
section or of article 9 requiring him to give up possession of the
building:
Provided that the Director shall not give such instructions
   HOUSING (EXTENSION)   _g CAP. 360.        3
as aforesaid except in cases connected with reconstruction or with
replanning, or with mass evacuation, or in the case of unauthorized
occupation, or in other cases which the Director deems urgent, and
except so far as they are reasonably justifiable in a democratic
society. 
(6) Where a building requisitioned under this section is vacated
and belongs in absolute ownership or on emphyteusis to a person
who proves to the satisfaction of the Director that he intends to take
possession of the building to establish therein his ordinary
residence or that of any of his children, the Director shall allocate
the building to such person, or any of his children aforesaid, as the
case may require; and if such ordinary residence is in fact so
established within six months from the date of the allocation, or
such later date as the Director may for a good reason allow, and
continues for a period of not less than two years, the Director shall,
if he is so requested, derequisition the building.
(7) Where a requisition order has been made, and the
requisitionee shows to the satisfaction of the Director that he is
unable to procure transport for the removal of, or alternative
storage place for, the furniture or other articles existing in the
building requisitioned, it shall be the duty of the Director to
provide such means of transport and alternative storage place as
may be required, without prejudice to the provisions contained in
subarticle (9).
(8) Where any requisition order is not complied with, or where,
after the exercise of due diligence, no person having the right of
immediate occupation of the building requisitioned, or his agent or
representative, can be found, the Director may give such orders as
he may think fit for the removal and storage of the furniture or
articles existing in the building:
Provided that before such removal an inventory of the
furniture or articles aforesaid shall be made and signed by the
Director or his representative in the presence of a police officer not
below the rank of sergeant, who shall also affix his signature to the
inventory.
(9) In every case where the transport or storage of furniture or
articles is provided by the Director under this section, such
furniture or articles shall, during transport and storage, remain at
the sole risk of the owner thereof and, in respect of storage,
likewise at his charge; and no compensation shall be payable in
respect of any deficiency therein or damage thereto if it is proved
that such deficiency or damage was not caused by negligence on
the part of the Director or persons acting on his instructions.
(10) While a building is in the possession of the Director by
virtue of this Act, the building may be used only for the purposes
set out in subarticle (1), but, save as aforesaid, the Director, so far
as it appears to him to be necessary or expedient in connection with
the taking of possession or use of the building in pursuance of this
Act, may do, or authorise persons using the building to do, in
relation to the building, anything which any person having an
unrestricted interest in the building would be entitled to do by
  4      CAP. 360. _h               HOUSING (EXTENSION)
virtue of that interest.
Director's power to 
require 
information.
4. (1) Any person, if requested by or on behalf of the Director
so to do, shall furnish to the Director, or to such person as may be
specified in the request, such information in his possession relating
to any building, being information which may reasonably be
demanded of him in connection with, or which the Director deems
necessary for, the taking of possession of any building or with the
accommodation of persons therein, as may be specified.
(2) The Director or any other person deputed in writing by the
Director for the purpose may require any information required
under the last preceding subsection to be given in writing and the
statement to be signed by the person giving the information. In the
case of an illiterate person, the Director or, as the case may be, any
other person aforesaid may require the statement by the person
giving the information to be marked by that person in the presence
of two witnesses who shall sign the statement.
(3) Whosoever knowingly gives an information under the
foregoing provisions of this section which is false or incorrect in
any material particular shall be guilty of an offence under this Act
and shall be liable, on conviction, to a fine ( multa ) of not less than
one hundred liri but not exceeding five hundred liri or to
imprisonment for a period of not less than fifteen days and not
exceeding three months, or to both such fine and imprisonment.
Maintenance, 
repairs, 
improvements and 
fixtures in 
requisitioned 
premises.
Cap. 16.
Cap. 16.
5. (1) Subject to the provisions of the next following
subsection, the Director shall have the same rights and obligations
in respect of repairs and maintenance of a requisitioned building as
a tenant under the relevant provisions of the Civil Code.
(2) When a building which has been in the possession of the
Director under the provisions of this Act is vacated, the Director
(unless the requisitionee prefers to retain same paying
compensation as laid down in article 1564 of the Civil Code), may
remove all fixtures or other improvements of whatsoever nature
made therein during the requisition period, making compensation
to the requisitionee for the damage which may have been caused by
the placing or by the removal of those fixtures or other
improvements.
Applicability under 
this Act of 
requisition orders 
made previously to 
its enactment.
6. The possession of any building which has been taken by
the Minister or by another competent authority under or in virtue of
the Malta Defence Regulations, 1939 * , or under or in virtue of the
Protection Office Regulations, 1942 † , published by Government
Notice No. 435 dated the 20th August, 1942, shall, where the
building on the date of enactment of this Act is still in the
possession of the Minister, be deemed to have been taken under the
provisions of this Act.
*No longer in force.
†Repealed by Government Notice No. 323 of 25th May, 1949.
   HOUSING (EXTENSION)   _g CAP. 360.        5
Transfer of 
requisitioned 
buildings to 
Director.
7. Any building which was in the possession or at the disposal
of or held by the Minister by virtue of a requisition made in
accordance with the provisions of this Act, and in respect of which
a tenancy or subtenancy was not created by virtue of article 8, shall
be deemed to have been requisitioned by the Director and to be in
his possession or at his disposal or held by him, as the case may be.
Recognition by 
landlord or by 
person holding title 
under him of 
persons 
accommodated by 
Director in 
requisitioned 
premises.
8. (1) Where any persons have been accommodated in a
building which is held by virtue of a requisition, the Director may
at any time, by means of a judicial letter, require the requisitionee
to recognize the persons so accommodated as tenants or as sub-
tenants of the building as the case may be.
(2) Within thirty days of service on him of a judicial letter
under the last preceding subsection, the requisitionee, by
application before the First Hall of the Civil Court in contestation
of the Director, may pray for an authorisation of non-compliance
with that request: 
Provided that, in the case where the building has been
requisitioned from the tenant, the latter, by a judicial letter to be
filed within fifteen days from service on him of the judicial letter
provided for in the last preceding subsection, may inform the
Director that he does not wish to retain the tenancy, and thereupon
the Director shall be entitled to take action under the last preceding
subsection against the landlord.
(3) The court shall not grant the authorisation of non-
compliance mentioned in the last preceding subsection unless the
applicant shows to the satisfaction of the court that serious hardship
would be caused to him by complying with the request:
Provided that the assertion that the requisitionee wishes to
take possession of the building for his own use or for the use of any
member of his family shall not be considered of itself as a hardship
for the purposes of this subarticle.
Cap. 69.
(4) Any subtenancy created by virtue of this section shall not
be deemed to be a subtenancy for the purposes of article 9 of the
Reletting of Urban Property (Regulation) Ordinance.
Cap. 16.
Cap. 116.
(5) No right of preference under the Civil Code or under the
Rent Restriction (Dwelling Houses) Ordinance, shall be competent
in respect of any tenancy or subtenancy created by virtue of this
section. 
Cap. 69.
(6) Where a tenancy or a subtenancy is created by virtue of this
section, then, unless an agreement to the contrary is lawfully
reached, a contract of lease or sublease of the building under the
usual conditions laid down by the Rent Regulation Board
established under the Reletting of Urban Property (Regulation)
Ordinance and for a period of three months, to be reckoned from
the date of definite recognition, shall be deemed to have been
entered into between the requisitionee of the building and the
person accommodated therein, and rent, equal to the periodical
amount paid or payable by the Director as compensation for the
occupation of the building, shall be payable quarterly in advance in
respect thereof.
  6      CAP. 360. _h               HOUSING (EXTENSION)
Power of Director 
to order occupant 
of requisitioned 
building to quit the 
same.
9. Where a person has been accommodated in a building
requisitioned under this Act, the Director may, even though such
person pays compensation in respect of such accommodation, order
him to quit such building and to surrender the same to the Director
within such time as the Director may determine, if he is of opinion
that such person is not making use of the building for residential
purposes, or is the owner of or has or who is otherwise provided
with another building which he can use as his and his family's
residence, or if it is reasonably required so to act in the interests of
defence, public safety, public order or public health.
Power of entry of 
Director.
10. The Director or any other person deputed in writing by the
Director for the purpose may enter any building at all reasonable
times with a view to obtaining information to enable him to carry
out any of his powers under this Act.
Compensation 
payable in respect 
of requisitioned 
building.
11. (1) Subject as hereinafter provided, the compensation
payable in respect of the requisition of a building shall be the
aggregate of the following sums, that is to say -
( a ) a sum equal to the rent which might reasonably be
expected to be payable by a tenant in occupation of the
building during the period for which possession of the
building is retained by virtue of the provisions of this
Act, under a letting granted immediately before the
beginning of that period:
Cap. 116.
Provided that where the building is used by the
Director or by a person accommodated therein after a
requisition, as a dwelling house within the meaning of
the Rent Restriction (Dwelling Houses) Ordinance the
rent shall not exceed the fair rent as defined in article 2
of the aforesaid Ordinance;
( b ) a sum equal to the cost of making good any damage to
the building which may have occurred during the
period in which possession thereof under requisition
was retained (except in so far as the damage has been
made good during that period by the occupant of the
requisitioned premises or by a person acting on behalf
of the Director), no account being taken of damage
which, under the provisions of this Act, is the
responsibility of the requisitionee;
( c ) a sum equal to the amount of expenses reasonably
incurred, otherwise than on behalf of the Director, for
the purpose of compliance with any directions given
by or on behalf of the Director in connection with the
taking possession of the building, but without
prejudice to the provisions of article 3(5).
(2) Any compensation under subarticle (1)( a ) shall be deemed
to accrue due from day to day during the period in which
possession of the building is held in the exercise of the powers
vested in the Director by this Act, shall be apportionable in respect
of time accordingly; and shall be paid to the person who for the
time being would be entitled to occupy the building but for the fact
that it is requisitioned; but the provisions of this subsection shall
   HOUSING (EXTENSION)   _g CAP. 360.        7
not operate so as to require the making of payments by the Director
at intervals of less than three months.
(3) Any compensation under subarticle (1)( b ) shall accrue due
at the end of the period in which possession of the building is
retained in the exercise of the powers vested in the Director by this
Act, and shall be paid to the person who is then the beneficial
owner of the building.
(4) Any compensation under subarticle (1)( c ) shall accrue due
at the time when expenses in respect of which compensation is
payable are incurred, and shall be paid to the person by whom or on
whose behalf those expenses were incurred.
Assessment of 
compensation.
Cap. 69.
12. (1) Compensation under article 11(1)( a )   shall, in all cases,
be assessed by the Rent Regulation Board established under the
Reletting of Urban Property (Regulation) Ordinance which for that
purpose shall have exclusive jurisdiction subject to appeal in cases
allowed by that Ordinance:
Cap. 116.
Provided that, in respect of dwelling houses within the
meaning of the Rent Restriction (Dwelling Houses) Ordinance,
possession of which has been taken by the requisitioning authority
before the 22nd February 1946 and, at the time of the hereunder
mentioned application, is still retained by that authority, the
requisitioning authority or the requisitionee may at any time apply
to the said Board for the assessment of the fair rent as defined in
section 2 of the last mentioned Ordinance, and such fair rent shall
be the compensation payable under article 11(1)( a ) in respect of
that possession as from the date of service of the application on the
requisitionee or his representative or, as the case may be, on the
requisitioning authority.
(2) Compensation under article 11(1)( b ) and ( c)  shall, in case
of disagreement, be assessed by the First Hall of the Civil Court.
Compensation 
assessed 
previously to 
enactment of this 
Act.
13. Any compensation which, prior to the coming into
operation of this Act, has been lawfully assessed shall be deemed to
have been so assessed under and for the purposes of this Act,
without prejudice however to the provisions contained in article
12(1). 
Power to make 
regulations.
14. The Minister may make and when made amend, repeal or
repeal and re-enact regulations for the purpose of carrying the
provisions of this Act into effect and in particular, but without
prejudice to the generality of that power, for all or any of the
following purposes: 
( a ) for requiring any returns to be made in respect of
buildings, or any class thereof, their occupation and
use;
( b ) for maintaining an equitable distribution of housing
accommodation;
( c ) for determining within the upper limits set out in
article 17 special penalties applicable in respect of any
breach of any regulation so made;
  8      CAP. 360. _h               HOUSING (EXTENSION)
( d ) for fixing storage fees and for providing for the
retrieval or disposition of furniture or articles,
including the sale thereof, removed from a building
requisitioned under this Act.
Restriction of 
powers given 
under this Act.
15. Nothing in this Act contained shall confer any right upon
any person to demand the exercise in his favour or in favour of any
other person of any requisitioning or other power vested in the
Minister. 
Service of notices 
under this Act or 
under regulations 
thereunder.
16. Without prejudice to any special provision contained in
this Act, a requisition order or a notice to be served on any person
for the purposes of this Act or of any regulations made thereunder
may be served by sending it by registered letter post addressed to
that person at his last or usual place of abode or place of business,
and shall be presumed, saving any proof to the contrary, to have
reached the addressee in the normal course of the postal service.
Penal provisions. 17. (1) Any person who, without lawful excuse, the proof
whereof shall lie on him, commits any breach of any order or
regulation given or made under this Act, whether by doing anything
which he ought not to do or by omitting anything which he ought to
do, or by preventing other persons from doing anything which they
are enjoined or permitted to do or by undoing or frustrating
anything which other persons may have done under the provisions
of this Act or of any order or regulation thereunder, or by hindering
or obstructing the Director or any other person acting on his behalf
or under his authority, shall be guilty of an offence under this Act
and shall, on conviction, be liable to a fine  (multa)  of not less than
one hundred liri but not exceeding five hundred liri or to
imprisonment for a period of from fifteen days to three months or
to both such fine and such imprisonment:
Provided that any person who commits an offence against
the provisions contained in article 4(1) and (2) shall, on conviction,
be liable to a fine  (multa)  of not less than five liri and not more
than one hundred liri or to imprisonment for a period of fifteen
days to three months or to both such fine and imprisonment.
Cap. 446.
(2) In the case of any such breach, the court, besides awarding
punishment or applying the provisions of articles 7 and 22 of the
Probation Act shall order the offender, where the occasion so
requires, to comply with the law within a time, sufficient for the
purpose, to be fixed by the court; and, if the offender fails to
comply with any such order within the time so fixed, he shall be
liable to a fine  (ammenda)  of from fifty cents to ten liri for every
day the default continues after the expiration of the said time.
(3) The court may also order that physical compliance with the
requirements of law be carried out by the Police at the expense of
the offender, in which case the offender may be made to refund the
expense, under the warrant issued by the court.
(4) The powers given to the court under subarticles (2) and (3)
shall be deemed to be without prejudice to the powers of the
Director under article 3 or to any other power given or which may
be given to him or to any other person by any regulation.
   HOUSING (EXTENSION)   _g CAP. 360.        9
Competence in 
respect of offences 
under this Act. 
Cap. 9.
18. (1) Any offence under this Act or under any order or
regulation made thereunder shall, for the purpose of the Criminal
Code, fall into the class of contraventions, even where the
punishment provided in respect of that offence is higher than those
laid down in the said Code in respect of contraventions:
Provided that criminal action arising out of any provision of
this Act shall be barred by the lapse of one year unless a longer
period is necessary under any other law in respect of any specific
offence.
(2) Every punishment provided for any offence under this Act
shall be deemed to be so provided without prejudice to any higher
punishment applicable to the offence under any other law whenever
the circumstances set out in such other law concur in the offence. In
any such case the punishment laid down in that other law shall
apply.
(3) Any proceedings for any offence under this Act shall be
instituted by the Police in the Court of Magistrates, sitting as a
Court of Criminal Judicature.
(4) Notwithstanding the provisions of article 413 of the
Criminal Code, every decision of the Court of Magistrates in
respect of an offence under this Act may, in all cases, be appealed
against by the Attorney General and by the party convicted.
Offences by 
incapacitated 
persons or 
absentees.
19. (1) When the alleged offender is, on account of mental
disease or physical disability, unable to appear in court, or is absent
from Malta or has absconded, and the Director certifies on oath that
it is urgently required that the law be enforced, the court shall order
the summons to be served on any known lawful representative of
the alleged offender or any known person having the custody in fact
of the alleged offender or, if the alleged offender has not a known
lawful representative or is not under the custody in fact of any
known person, on his husband or wife or on a near relation by
consanguinity or affinity or on any person, if any, entrusted with
the management of his property.
(2) In any such case the court shall apply the provisions of this
Act; provided that where there is room for the application of any
punishment under article 17(1) and (2) against such offender, the
court shall, for the purpose of determining whether or not the
punishment is to be applied, adjourn the case until he is fit to stand
trial or until his return.
Procedure and 
appeals.
Cap. 9.
20. (1) All trials in respect of offences under this Act shall be
deemed to be urgent and not to admit of any delay for the purposes
of articles 361 and 364 of the Criminal Code.
(2) In respect of an appeal from a decision concerning an
offence under this Act, the application referred to in article 417 of
the Criminal Code shall be filed within two working days and, in
the case of an appeal from a decision of the Court of Magistrates
(Gozo), within five working days. Such periods shall run as
provided in that section.
  10      CAP. 360. _h               HOUSING (EXTENSION)
Right of appeal. 
Added by: 
XXIII.1992.2.
20A. *  Notwithstanding anything contained in this or any other
law, a right to appeal to the Court of Appeal whether on a point of
law or of fact shall lie from the decision of any board, tribunal or
court, whereby the amount of any compensation due under this Act
has been assessed, and such appeal shall be entered in the same
manner and within the same term as an appeal on a point of law to
the same court is to be entered from a decision of such board,
tribunal or court.
Limitation of rights 
of Director. 
Substituted by: 
III.1995.2.
21. With effect from the 1st March, 1995, the Director of
Social Housing may not requisition any premises under section 3 of
this Act:
Provided that the provisions of this Act and of section 10 of
the Housing (Amendment) Act, 1989, shall continue to apply to any
building in the possession of the Director of Social Housing on the
28th February, 1995. 
* See  transitory provision - Act XXIII.1992.3.
