Eleven organisations are once again calling for the immediate reform of the “absurd law on planning appeals, which currently allows construction works to begin and be completed even while an appeal is ongoing.”

In a joint statement, the organisations highlighted that more than two years have passed since Prime Minister Robert Abela himself acknowledged the absurdity of this law and promised it would be reformed. And now, three more months have passed since Planning Authority CEO Johann Buttigieg pledged that the reform would be introduced within three months. “Yet our country is still suffering the injustice of this grotesque law, which remains unchanged.”

They pointed out that as it stands, the Environment and Planning Review Tribunal (EPRT) can refuse requests to suspend construction while an appeal is underway. In no other sector does such absurdity exist – where a government authority’s decision becomes immediately executable even as it is being appealed. “This legal absurdity is unique to the planning sector.”

The organisations stated that because of this system, entire projects have been built by the time the appeal is decided. Massive developments that have wreaked havoc in our towns such as in Gozo at – Qala and Sannat – which were declared illegal by the courts after they had already been constructed.

The “trampling” over court decisions has now reached a new, unprecedented level. The organisations said that the Planning Authority (PA) has re-issued “sanctioning” permits for the same developments declared illegal by the highest court in our country. “Not only did the authorities fail to take action to dismantle these illegal structures after their permits were revoked by the Court of Appeal – they even had the audacity to re-issue those very same permits.”

The rule of law in Malta is being replaced by the rule of developers.

The organisations noted that currently, the PA’s case officer is recommending that an illegal building in Xewkija be granted a sanctioning permit (PA/07954/24, PA/01133/25, and PA/01155/25), even though its original permit was revoked by the Court in 2023 for breaching planning laws.

The added that Gozitan developer “il-Giegu” is submitting three separate applications for three blocks within the same apartment building in an attempt to have the illegal development sanctioned. The PA is expected to decide on these applications on 24th of June and 1st of July.

The organisations also stressed that the reform must protect justice and the common good. They expressed deep concern at indications that the reform may impose very short timeframes within which appeals must be decided.

“Any such timeframe must ensure that appeals can be effectively prepared and heard, so that the right to appeal is respected and no undue pressure is placed on institutions. Longer timeframes are essential for large-scale projects that require an Environmental Impact Assessment (EIA),” they said.

“The proliferation of illegal buildings in this country – and the new practice of sanctioning them after court rulings – is severely undermining justice in Malta and crippling the public’s ability to participate democratically in the planning process,” argued the organisations.

The eleven organisations concluded by calling on the Prime Minister to “immediately enact this basic and essential reform, and to stop sidelining our quality of life, undermining our courts, and sacrificing our islands to the forces of greed.”

The statement has been issued by the following organisations:

Azzjoni: Tuna Artna Lura

BirdLife Malta

Din l-Art Helwa

Flimkien ghal Ambjent Ahjar

Friends of the Earth Malta

Ghawdix

Moviment Graffitti

Nature Trust Malta

Ramblers Association Malta

The Archaeological Society Malta

Wirt Ghawdex.

Photo: Moviment Graffitti

Permalink: Illegal buildings: Country still awaits reform in planning appeals – Organisations