BUILDING LEVY RATES [ S.L.356.05 1
SUBSIDIARY LEGISLATION 356.05
BUILDING LEVY RATES REGULATIONS
24th June, 1996
LEGAL NOTICE 112 of 1996, as amended by Legal Notices 138 of 1997,
186 of 1998, 115 and 131 of 1999, 275 of 2000, 263 of 2001, 224 of 2002,
and 42 and 230 of 2003.
Title .
Regulations.
Interpretation.
Amended by:
L.N. 138 of 1997;
L.N. 186 of 1998;
L.N. 115 of 1999;
L.N. 42 of 2003.
Cap. 356.
2. (1) In these regulations, unless the context otherwise
requires -
"the Act" means the Development Planning Act;
"amended application" means an application for amendments to a
development on which permission has already been granted and is
still valid:
( a ) in respect of the same site and involving development
of the same general character and description, and
( b ) does not involve a different use or an increase in the
number of dwelling units, and
( c ) relates to changes in the internal layout or external
appearance which do not significantly change the
overall nature of the development;
"application" means an application for development permission;
"applications for amendments to schemes and alignments" means
those applications, not being applications for development
permission, which require the approval of the Planning Authority
for such changes to the Temporary Provisions Schemes and the
detailed alignments of buildings and streets within such schemes;
"basement" means any floor in a building wholly or partly below
ground level, by reference to the lowest street on which the
building has a frontage;
"boathouse for a registered fisherman" means a boathouse used
for the storage of fishing boats and equipment used in the course of
the registered occupation;
"building levy" means the development permit fee and the
infrastructure services contribution, either collectively or singly, as
the case may be;
"bungalow" means a single family dwelling unit, whether
detached or semi-detached (where appropriate), consisting of not
more than one habitable floor, and having a site area of at least one
twentieth of a hectare and a maximum site coverage of 40 per
centum;
"commercial building" means a building to be used for any
non-residential or non-domestic use (other than a farm building and
2 [ S.L.356.05 BUILDING LEVY RATES
a greenhouse) and includes a hotel, guest-house or similar
establishment;
"completion certificate" means a certificate referred to in article
61(2) of the Act;
"contribution" means an infrastructure services contribution;
"demolition of a building" means the pulling down or removal of
all, or most, of the elements which form the building, such as the
roof, internal partition or loading bearing walls, and external walls,
so that less than 25% of the original structure is retained, not
including the party walls where a building is not freestanding;
"designated officer" means such officers of the Planning
Authority designated by it to formally endorse development permit
application report, who shall normally be the managers of the area
teams and the manager of the Development Control Unit;
"development permit application report" means the report
prepared on an application for development permission which is
submitted to a designated officer or to the Development Control
Commission;
"dwelling" means any building or unit thereof used for
residential purposes, but excludes a hotel, guest-house or similar
establishment;
"endorsement" means the formal acceptance of a development
permit application report by a designated officer such that the
application is then forwarded for determination by the
Development Control Commission or determined by a designated
officer under the powers so delegated by the Planning Authority;
"engineering operations" include the formation or laying out of
roads and of means of access to roads; the movement, regrading or
surfacing of land; the construction of bridges and similar
structures; the construction of sea defences, piers and similar
structures; the creation and replenishment of beaches and other
operations affecting beaches; the siting of moorings; and similar
operations, whether on land or on the seabed;
"environmental impact assessment" means an environmental
impact statement (EIS) or environmental planning statement (EPS);
"farmhouse" means a single family dwelling used for habitation
by a registered farmer;
"farm buildings" means buildings used as accommodation for
livestock, for the storage of fodder or implements or other
agricultural purposes, but do not include farmhouses, greenhouses
and buildings used for the slaughter of animals and processing of
animals or animal products;
"film set" means the use of land, or the placing, installation or
construction on land of structures, for the purpose of the production
of films, television programmes, videos or other audio-visual
productions;
"flat" means a single family dwelling unit occupying the whole
or part of one floor of a building which contains several similar
BUILDING LEVY RATES [ S.L.356.05 3
units none of which has its own separate entrance from the street
but share a common access therefrom;
"floor area" means the amount of floor area within a building
determined by the external measurements of the building, that is
including the thickness of the external walls and half the thickness
of dividing or party walls, and includes any staircase, lift, shafts,
internal yards, verandahs, terraces, balconies, canopies and other
spaces, and a roof or terrace used for commercial purposes;
"garage" means a garage or car parking space, with standard
parking space dimensions between 2.4 metres and 3.0 metres wide
and between 4.8 metres and 5.1 metres long, used for the parking of
vehicles, whether enclosed or unenclosed, and whether or not on
the surface of the land;
"impermanent material" means material which is not solid in
composition and does not include stone, bricks or concrete or, any
other similar material;
"intermediate floor" means a floor in a building which does not
occupy the whole length or breadth of the building;
"land reclamation for agriculture" means the reclamation of land,
including the deposit of material and the altering of the level of the
land, for the purposes of agriculture;
"maisonette" means a single family dwelling unit on one or more
floors in a building consisting of more than one such unit, each unit
having a separate entrance from the street;
"outline application" means an application submitted specifically
for outline development permission and in which one or more of
the specified matters are reserved for further submission and
approval;
"penthouse" means a separate single family dwelling which
consists of one floor constructed on the roof of a building, and
which does not occupy the whole of the roof area;
"plant and machinery" means mechanical equipment or
structures erected or placed on land but not within a building;
"registered fisherman" means a fisherman registered with the
Department of Agriculture and Fisheries;
"relevant department" means, for the purposes of the main sewer
contribution, the Drainage Department of the Works Division, and
for the purposes of the street contribution, the Roads Department of
the Ministry responsible for transport and any other body which
subsequently assumes the responsibilities of these departments;
"renewal application" means an application for the renewal of a
development permission granted or deemed to be granted by the
Authority in respect of the same site and development as that
previously granted permission and which is submitted before such
permission expires;
"site area" means the total area of land which is the subject of the
application;
"special building" means a building providing an institution,
4 [ S.L.356.05 BUILDING LEVY RATES
club, society or other organization of a religious, cultural,
philanthropic, sporting or social nature (not including Government
departments or parastatals) with the facilities necessary for the
pursuit of its objects, including schools, hospices, homes for the
elderly, hospitals and similar buildings or uses, where the
institution, club, society or other organization is declared as being
tax exempt by the Minister responsible for finance in a Legal
Notice made for that purpose;
"temporary structure" means a structure which is demountable
and not permanently affixed to the ground, and constructed from
impermanent materials, including canvas, other fabric, PVC and
similar materials, and includes a tent, marquee, canopy or other
structure of a similar nature;
"temporary use of land" means the use of land for one use or
purpose for four months or less in any one calendar year;
"terraced house" means a single family dwelling unit consisting
of one or more storeys in a row of three or more dwellings and
includes the dwellings at the ends of the terrace;
"validation" means the acknowledgment by the Planning
Authority of the receipt of a valid application for development
permission, that is an application in respect of which all the
requirements for the submission of an application have been
fulfilled;
"vicinity" means within five hundred metres of the original site;
"villa" means a detached or semi detached single family dwelling
of not more than two habitable floors.
(2) In either the First Schedule or the Second Schedule, any
expression defined in the Act has the same meaning as it has in the
Act.
Development 
permit fee.
3. There shall be charged by the Authority a development
permit fee as the charge to be paid in respect of an application for
permission to carry out development, at the rate set out in the First
Schedule.
Infrastructure 
services 
contribution.
4. There shall be charged by the Authority an infrastructure
services contribution as the rate of contribution to be paid towards
the cost of infrastructure services and other services or facilities
arising from any permission to develop land, at the rates set out in
the Second Schedule.
BUILDING LEVY RATES [ S.L.356.05 5
1. Except as otherwise provided, the development permit fee at the rates
specified in this Schedule shall be paid in respect of applications for development
permission according to the nature of the development and calculated as herein
provided:
FIRST SCHEDULE Amended by:L.N. 138 of 1997;
L.N. 186 of 1998;
L.N. 115 of 1999;
L.N. 131 of 1999;
L.N. 275 of 2000;
L.N. 263 of 2001;
L.N. 224 of 2002;
L.N. 42 of 2003;
L.N. 230 of 2003.
(Regulation 3)
Development Permit Fee
(1) Outline Applications Lm
in all cases, except special buildings, per 0.1 ha (1000m 2 ) site
area, or part thereof .................................................................... 75.00
subject to a maximum of ............................................................. 2500.00
in the case of special buildings ................................................... 30.00
except where the application requires an environmental impact
assessment, per 0.1 ha (1000m 2 ) site area, or part thereof ............ 20.00
(2) Applications for non-commercial development
( a ) Fee per unit consisting of
- bungalow ................................................................... 1500.00
- detached villa ............................................................. 1000.00
- farmhouse .................................................................. 750.00
- semi-detached villa ..................................................... 750.00
- semi-detached unit with two dwelling units, for each
dwelling unit .............................................................. 250.00
- fully detached unit with two overlying, separate
dwelling units, for each dwelling unit ......................... 350.00
- penthouse ................................................................... 350.00
- flat ............................................................................. 70.00
- terraced house ............................................................ 70.00
- maisonette .................................................................. 70.00
( b ) Alterations and extensions to dwellings ................................ 15.00
(3) Applications for commercial development
( a ) Commercial buildings -
per every 50m 2  of floor area of the building or part
thereof ....................................................................... 55.00
plus
per every 50m 2  site area or part thereof, including the
built up area ............................................................... 55.00
( b ) Extensions and alterations to commercial buildings -
- extensions and alterations up to 50m 2  floor area ......... 15.00
- extensions and alterations exceeding 50m 2  floor area,
per every 50m 2  or part thereof .................................... 60.00
6 [ S.L.356.05 BUILDING LEVY RATES
( c ) Farm buildings -
- up to 50m 2  floor area .................................................. 10.00
- exceeding 50m 2  per every 50m 2  or part thereof ........... 20.00
( d ) Greenhouses -
- up to 100m 2  floor area ................................................ 10.00
- exceeding 100m 2  per 100m 2  or part thereof ................ 10.00
( e ) Quarries -
- per 100m 2  of site area or part thereof .......................... 25.00
- subject to a maximum of ............................................. 5000.00
- vertical extensions to quarries ..................................... 200.00
( f ) Waste disposal -
- per 100m 2  of site area or part thereof .......................... 25.00
- subject to a maximum of ............................................. 5000.00
(4) Garages
( a ) Garages which form part of the development of flats or
maisonettes -
per garage .......................................................................... 30.00
except that 2 garages per residential unit shall be exempt
( b ) Garages which form part of mixed commercial and
residential development -
per garage .......................................................................... 30.00
except that 2 garages per residential unit shall be exempt
( c ) Garages which form part of commercial development -
per garage .......................................................................... 30.00
( d ) Development used only as a public car park per 50m 2  floor
area or part thereof ............................................................... 20.00
( e ) Other garages -
per 50m 2  floor area or part thereof ..................................... 60.00
(5) Other Applications
( a ) Engineering operations -
- per 0.1 ha (1000m 2 ) site area ...................................... 70.00
- subject to a maximum of ............................................. 5000.00
( b ) Change of use -
- to residential use per unit created ................................ 70.00
- to non-residential use per 50m 2  of floor area or part
thereof ....................................................................... 55.00
- subject, where the change of use solely involves the
use of land, to a maximum of ...................................... 5000.00
( c ) Demolition of buildings or structures ................................... 50.00
( d ) Advertisements -
- for each non-illuminated advertisement, per square
metre thereof .............................................................. 10.00
- for each illuminated advertisement, per square metre
thereof ....................................................................... 20.00
BUILDING LEVY RATES [ S.L.356.05 7
- Subject to a minimum fee of Lm10 for each
advertisement applied for.
( e ) Satellite dishes or telecommunication antennae -
for each dish or antenna .............................................. 12.00
( f ) Renewal applications ........................................................... 15.00
( g ) Amended applications .......................................................... 50.00
( h ) Approval of conditions other than those imposed in an
outline development permission ........................................... 25.00
( i ) Special buildings or uses ...................................................... 40.00
except where the application requires an environmental
impact assessment
( j ) Vending machines -
for each machine proposed in the application .............. 15.00
( k ) Temporary uses of land ........................................................ 75.00
( l ) Applications to determine whether development permission
is required ........................................................................... Nil
( m ) Land reclamation for agriculture -
- per 0.1 ha (1000m 2 ) site area or part thereof ................ 10.00
- subject to a maximum of ............................................. 2500.00
( n ) Boathouse for a registered fisherman -
- up to 50m 2  floor area .................................................. 10.00
- exceeding 50m 2  per every 50m 2  or part thereof ........... 20.00
( o ) Plant and machinery -
- per 0.1 ha (1000m 2 ) site area or part thereof ................ 50.00
- subject to a maximum of ............................................. 2500.00
( p ) Applications for amendments to schemes and to alignments . 75.00
( q ) Applications for sanitary approval ....................................... 10.00
( r ) Notifications in accordance with the General Development
Order ................................................................................... 5.00
( s ) Notifications in accordance with the General Development
Order where the Authority may respond within 30 days
informing applicant that a development permit is required .... 15.00
( t ) Approval for a licence for the recycling of inert waste in
quarries ............................................................................... 100.00
( u ) Visits to a site for the purposes of setting out the alignment
or levels, following the interim and final setting out, per
visit ..................................................................................... 20.00
( v ) Applications for approval of minor amendments to
development permissions ..................................................... 15.00
( w ) Notifications to sanction development which has been
carried out (and so can not be notified in accordance with the
General Development Order) but which otherwise would
have been permitted development in terms of the General
Development Order (except where the works require a
response from the Authority, in which case a formal
application for development permission is required) ............. 20.00
8 [ S.L.356.05 BUILDING LEVY RATES
(6) In 5( k ) above, only one application for a temporary use of land shall be
permitted from the same applicant on the same site in any one calendar year, at the
fee stated, provided that the applicant certifies that this is the case.
(7) In 5( n ) above, an application for a boathouse for a registered fisherman shall
attract the rate stated only if proof of registration is submitted with the application.
(8) The total development permit fee paid on an application shall be subject,
unless otherwise stated, to a maximum of Lm300,000. Where more than one
application forming a separate phase of development is submitted pursuant to an
outline development permission granted on the same site, the development permit
fee to be paid on those applications shall not exceed Lm300,000 in total.
(9) There shall be a minimum development permit fee of Lm10 payable on all
applications, unless otherwise stated.
(10) Where the building levy is substantially correctly calculated by the applicant
or architect, and is paid prior to or together with the submission of an application,
the amount of the development permit fee payable shall be reduced by Lm5 or 1% of
the development permit fee due, whichever is the greater, except where the
development permit fee payable is less than Lm60.
(11) Where an application is submitted to the Planning Authority for the
Authority to calculate the building levy, it shall be accompanied by the minimum
development permit fee specified in paragraph 1(9) of this Schedule. This fee shall
be deducted from any development permit fee which is eventually due to be paid in
relation to the application.
2. Where an application is for new development on a site in respect of which
there is in force a development permission (other than an outline development
permission), and the development so permitted has either not begun or, if it has been
begun, has not been completed, the development permit fee payable for the new
development shall be calculated by subtracting the development permit fee paid on
the development permission in force from that due on the new application (except
( x ) Local Plan amendments initiated by the private sector
- per 150m 2  site area or part thereof .............................. 100.00
( y ) The issue of a compliance certificate (following an
architect’s declaration)
......................................................... 5.00
(i) the issue of a compliance certificate (in all other cases)  25.00
(ii) a certified true copy of a permit .................................. 5.00
(iii) a certified true copy of approved plans (per plan) ........ 5.00
(iv) search of pre-1993 records .......................................... 5.00
(v) a copy of a permission or of a refusal or of an
application report, retrieved electronically from the
Authority’s on-line services ........................................ 0.50
(vi) a copy of a permission or of a refusal or of an
application report, other than as referred to in
subparagraph (v) ........................................................ 2.00
( aa ) Temporary structure
- up to 100m 2  floor area ................................................ 40.00
- exceeding 100m 2 , per 100m 2  or part thereof ................ 40.00
( bb ) Film set - per 100m 2  floor area ............................................. 16.50
BUILDING LEVY RATES [ S.L.356.05 9
where the development permission in force is a renewal of a previous permission, in
which case the development permit fee to be subtracted shall be that paid on the
original permission).
2A. Where the application is for new development on a site in respect of which
there is not a development permission in force, but there has been a previous
permission, and the application for new development would have complied with the
definition of amended application if that previous development permission was still
in force, the development permit fee for the new development shall be calculated at
the rate applicable to amended applications.
2B. Where the application is for development of the same general character and
description on a site in respect of which there is or has already been a development
permission, whether or not still in force, the development permit fee payable on the
new application shall be calculated by subtracting the development permit fee paid
on the original application from that due on the new application. Where the original
application was submitted prior to the coming into force of the Building Levy Rates
Regulations, the development permit fee deemed to have been paid on that
application shall be the development permit fee due on that development calculated
at the rates set out in these regulations.
3. No development permit fee shall be paid in relation to a garage or parking
space where it forms part of a terraced house, villa, bungalow or single maisonette.
4. Where an application involves or includes the demolition of an existing
building, the area of any such building shall not be taken into account in calculating
the fee to be paid.
5. Where an application involves more than one use or type of development,
the development permit fee to be paid shall be calculated by adding together the
amounts applicable to each type of development, except that where the application
includes commercial development, the fee for the commercial development shall be
calculated by reference to the rate for the commercial floor area only.
6. ( a ) All rates shall be paid at rates calculated by reference to the
development proposed in the application, and no fees properly paid shall
be refundable as specified in subparagraphs ( b ), ( c ) and ( d ) except in the
following cases:
(i) the application has been refused, unless it is a dismissal in terms
of article 52(5) of the Act;
(ii) the application has been invalidly made;
(iii) the application has been withdrawn by the applicant prior to
determination.
( b ) When an application is refused by the Authority, in terms of paragraph
7( a )(i) of this Schedule, half the development permit fee shall be
refunded, except where the development permit fee is Lm10 or less and
in the following cases:
(i) where an appeal or the request for reconsideration is upheld by
the Appeals Board or the Authority, the development permit fee
shall not be refunded;
(ii) where an appeal or request for reconsideration is not upheld by
the Appeals Board or the Authority, 25% of the development
permit fee shall be refunded;
(iii) where the development has begun.
( c ) When an application is withdrawn by the applicant, the percentage of
10 [ S.L.356.05 BUILDING LEVY RATES
the development permit fee which shall be refunded shall be as follows:
(i) when the application is withdrawn within one week of its
validation, 100% of the development permit fee shall be
refunded;
(ii) when the application is withdrawn after its validation but prior to
the endorsement by the designated delegated officer of the
development permit application report on the application, 75% of
the development permit fee shall be refunded;
(iii) when the application is withdrawn after the development permit
application report has been endorsed as set out in item (ii) above
but prior to the determination of the application, 50% of the
development permit fee shall be refunded;
subject to a maximum of Lm 2,500, except that the development permit
fee shall not be refunded where -
(i) the development permit fee paid is Lm 10 or less; or
(ii) a notice in terms of articles 50, 51, 52, 53 or 58 of the Act has
been served on the applicant or on the site to which the
application relates; or
(iii) unless the applicant agrees that this proportion of the
development permit fee may be transferred to a subsequent
applicant in relation to an application on the same site.
( d ) Where an application is submitted for new development on a site
(described as the new application for the purpose of this subparagraph)
and the applicant states in writing that -
(i) an application for development of the same type had previously
been submitted by the applicant on another site (described as the
original site for the purpose of this subparagraph) in the vicinity
of the new site and been approved; and
(ii) the applicant has no interest in the development of the original
site and will not exercise the permission;
the permit on the original site shall be cancelled by the Authority and
25% of the development permit fee paid on the original application or
Lm60, whichever is the greater, shall be retained by the Authority and
the remainder refunded:
Provided that where the new application is withdrawn by the
applicant prior to its determination, the amount of the development
permit fee refunded on the original application shall be deducted from
the development permit fee to be refunded on the new application, or,
where the amount to be refunded on the new application is less than that
refunded on the original application, the applicant shall pay the balance
so that the development permit fee due on the original application is
fully paid:
Provided further that this subparagraph shall apply to applications
for development permission submitted after the 28th October, 1992, on
written application to the Authority by the applicant made within six
months of the date on which these regulations come into force.
BUILDING LEVY RATES [ S.L.356.05 11
1. Save as otherwise provided, the infrastructure services contribution at the
rates specified in this Schedule shall be paid in respect of applications for
development permission by way of contribution towards the cost of the services
hereinafter indicated:
SECOND SCHEDULE Amended by:L.N. 138 of 1997;
L.N. 186 of 1998;
L.N. 115 of 1999;
L.N. 131 of 1999;
L.N. 224 of 2002;
L.N. 42 of 2003.
(Regulation 4)
Infrastructure Services Contribution
Lm
(1) A main sewer contribution at the rate of -
A. Non-commercial development
Fee per unit consisting of:
Maisonettes ................................................................ 110.00
Flat ............................................................................ 110.00
Semi-detached unit with two dwelling units, for each
dwelling unit .............................................................. 225.00
Fully detached unit with two overlying, separate
dwelling units, for each dwelling unit ......................... 250.00
Terraced house ........................................................... 225.00
Penthouse ................................................................... 275.00
Semi-detached villa .................................................... 400.00
Detached villa ............................................................ 450.00
Bungalow ................................................................... 600.00
Farmhouse .................................................................. 450.00
B. Commercial development
Extensions per 50m 2  floor area or part thereof ...................... 20.00
New development per 50m 2  floor area or part thereof, such
floor area being the result of the floor area of the largest
floor multiplied by the number of floors ............................... 40.00
C. Garages and parking spaces
Fee per 50m 2  floorspace or part thereof ................................ 40.00
except garages which form part of terraced houses, single
maisonettes, bungalows and villas which are exempt
D. Agricultural buildings
Fee per 50m 2  floorspace or part thereof ................................ 25.00
Provided that the main sewer contribution shall in no case be
less than Lm60.
(2) A street contribution at the rate of -
A. Non-commercial development
Fee per unit consisting of:
Flat ............................................................................ 60.00
Maisonettes ................................................................ 60.00
12 [ S.L.356.05 BUILDING LEVY RATES
2. Where an application is for new development on a site in respect of which
there is or has been a development permission, whether or not still in force, the
infrastructure services contribution payable for the new development shall be
calculated by subtracting the infrastructure services contribution paid in relation to
any previous development permission from that due on the new application.
2A. Where the application is for development of the same general character and
description on a site in respect of which there is or has already been a development
permission, whether or not still in force, the infrastructure services contribution
payable on the new application shall be calculated by subtracting the infrastructure
services contribution paid on the original application from that due on the new
application. Where the original application was submitted prior to the coming into
force of the Building Levy Rates Regulations, the infrastructure services
contribution deemed to have been paid on that application shall be the infrastructure
services contribution due on that development calculated at the rates set out in these
regulations, except where the development permitted by the original application has
not started, when the infrastructure services contribution payable on the new
application shall be calculated by subtracting the infrastructure services contribution
paid on the original application from that due on the new application.
3. Where the appropriate contributions have been paid in full in respect of an
original application, no further contribution shall be paid in respect of an application
for the renewal of the permission granted upon such application, whether or not such
permission has expired, or in respect of an amended application, if the development
proposed in the application is the same as that granted in the original permission.
4. No infrastructure services contribution shall be paid in relation to a garage
or parking space where it forms part of a terraced house, villa, bungalow or single
Semi-detached unit with two dwelling units, for each
dwelling unit .............................................................. 100.00
Terraced house ........................................................... 105.00
Penthouse ................................................................... 150.00
Semi-detached villa .................................................... 150.00
Detached villa ............................................................ 200.00
Bungalow ................................................................... 250.00
Farmhouse .................................................................. 200.00
B. Commercial development
Extensions per 50m 2  floor area or part thereof ...................... 10.00
New development per 50m 2  floor area or part thereof ........... 20.00
C. Garages and parking spaces
Fee per 50m 2  floor area or part thereof ................................. 20.00
except garages which form part of terraced houses, single
maisonettes, bungalows and villas which are exempt
D. Agricultural buildings
Fee per 50m 2  floorspace or part thereof ................................ 10.00
E. Quarries
Fee per 100m 2  site area or part thereof ................................. 10.00
Provided that the street contribution shall in no case be less
than Lm30.
BUILDING LEVY RATES [ S.L.356.05 13
maisonette.
5. No infrastructure services contribution shall be paid when the application
relates solely to -
( a ) the alteration or extension of a building, provided the extension does
not exceed 50m 2  in floor area;
( b ) the alteration or extension of a dwelling, provided that it does not
involve the creation or addition of another dwelling unit;
( c ) the display of advertisements;
( d ) the erection of satellite dishes or other telecommunication antennae;
( e ) the erection of a boundary wall, fence or other means of enclosure;
( f ) the approval of matters reserved by conditions other than those imposed
in an outline development permission;
( g ) the demolition of an existing building or structure;
( h ) the carrying out of engineering operations;
( i ) an application for outline development permission;
( j ) the erection of a building of not more than 50m 2  of floor area, provided
that such erection shall not involve or create a new use of the site on
which the building is to be located;
( k ) the erection of a greenhouse;
( l ) an application by a Government Department or a body corporate
established by law, including the Malta Development Corporation,
where the applicant gives an undertaking, in a form specified by the
Planning Authority, to the Planning Authority that the necessary
infrastructure services will be provided by, or in conjunction with, and
with the approval of, the relevant department and at the expense of the
applicant or the relevant department, and that the necessary
maintenance of those services will also be so carried out;
( m ) an application for a change of use of any land or building, except where
the change of use involves the creation of a dwelling unit, in which case
the infrastructure services contribution shall be calculated according to
the type of dwelling created;
( n ) an application for the issue of a completion certificate;
( o ) the erection of a temporary structure;
( p ) the erection of a film set or use of land as a film set.
6. No infrastructure services contribution shall be payable in respect of:
( a ) water reservoirs
( b ) swimming pools
( c ) washrooms and lift shafts
which are included in, or which form the subject of, an application.
7. No main sewer contribution shall be payable in respect of applications for:
(i) quarries;
(ii) the erection of an agricultural building for the purposes of
storage, not exceeding 50m 2  in floor area;
(iii) sewage treatment works, pumping stations and similar structures
14 [ S.L.356.05 BUILDING LEVY RATES
or works provided by the Drainage Department of the Works
Division or any other body which subsequently assumes the
responsibilities of that department.
8. The infrastructure services contribution shall be reduced by 75%, where:
( a ) the applicant gives to the Authority an undertaking, in a form specified
by the Planning Authority, that the necessary infrastructure services
will be provided by the applicant, or by, and with the approval of, the
relevant department and at the applicant’s expense, and that the
necessary maintenance of these services will also be carried out; or
( b ) the application relates to a site where the necessary infrastructure
services have been provided at the expense of a private individual and
an undertaking, in a form specified by the Planning Authority, to
maintain these services has been given:
Provided that in all cases, the minimum street contribution and sewer
contribution shall be paid.
9. All infrastructure services contributions shall be levied at rates calculated
with reference to the development proposed in the application and no contribution
shall be refundable except in the following cases:
(i) the permission applied for has been refused, unless it is a
dismissal in terms of article 52(5) of the Act;
(ii) the application has been invalidly made;
(iii) the application is withdrawn before it is determined by the
Authority unless the applicant agrees that the infrastructure
services contribution may be transferred to a subsequent applicant
in relation to an application on the same site:
Provided that in the cases mentioned in sub-paragraphs (i),
(ii) and (iii) abovementioned, 10% of the infrastructure services
contributions will always be retained to cover administrative
charges and are consequently not refundable;
(iv) if it is made in respect of an application for a class of
development for which such permission is not required by or
under any provision of the Act or any regulations or orders made
thereunder, and the application is returned by the Authority to the
applicant;
(v) if the application is one to which paragraph 8( a ) relates, and the
applicant subsequently provides the appropriate services at his
own expense and the relevant department has certified that the
works have been carried out to its satisfaction, a refund equal to
15% of the infrastructure services contribution shall be paid,
subject to retention by the Planning Authority of the minimum
payments;
(vi) if the application is one to which paragraph 8( b ) relates, and the
relevant Department has certified that the works have been carried
out to its satisfaction, a refund equal to 15% of the infrastructure
services contribution shall be paid, subject to retention by the
Planning Authority of the minimum payments.
10. Where the Authority considers that in order to meet the extraordinary or
exceptional demands which, in the opinion of the Authority, the nature, location or
scale of the proposed development is likely to place on the infrastructure services
and other services or facilities, as well as to secure the proper planning of the area
BUILDING LEVY RATES [ S.L.356.05 15
and regulate the use of land in accordance with the policies and proposals in the
structure plan and any subsidiary plan, the contribution earlier specified in this
Schedule is insufficient, the Authority shall determine the contribution to be levied
to meet the cost of the services and facilities arising from the permission applied for,
and may also enter into agreement with the applicant to ensure the payment of the
contribution so determined and the proper carrying out of the development according
to the permission of the Authority.
11. Where the Authority has adopted a commuted car parking payment scheme,
the fee to be levied in lieu of each car parking space which can not be provided on
the site of the development shall be Lm900, except for the commuted parking
payment scheme for Mosta, where the fee shall be Lm 800, and for St. Paul’s Bay,
where the fee shall be Lm 500.
12. Where an application is submitted for new development on a site (described
as the new application for the purpose of this paragraph) and the applicant states in
writing that -
(i) an application for development of the same type had previously
been submitted by the applicant on another site (described as the
original site for the purpose of this paragraph) in the vicinity of
the new site and had been approved; and
(ii) the applicant has no interest in the development of the original
site and will not exercise the permission; and
(iii) the infrastructure services contribution paid in relation to the
application on the original site should be taker into account in the
calculation of the infrastructure services contribution due on the
application for the new site,
the permit on the original site shall be cancelled by the Authority and the
infrastructure services contribution shall be deemed not to have been paid on the
original site, in accordance with article 43 of the Act. The infrastructure services
contribution paid on the original site shall be taken into account in the calculation of
the infrastructure services contribution to be paid in relation to the new application,
and there shall be paid an additional fee of Lm 10 in respect of the administrative
expenses incurred by the Authority in relation to the application:
Provided that this paragraph shall apply to applications for development
permission submitted after the 28th October, 1992, on written application to the
Authority by the applicant made within six months of the date on which these
regulations come into force, and the applicant shall be refunded the amount of the
infrastructure services contribution paid on the original site, less the administrative
fee provided for above.
