Robert Abela could not confirm whether the reform to halt construction on buildings while an appeal is pending will be implemented this year.

“We shall be working on it, and we will try to deliver it,” the prime minister told Times of Malta when asked whether the reform, promised in May 2023, will be introduced this year.

The consultation for this reform ended over a year ago, but the planning ministry said discussions with stakeholders are still ongoing.

The government had proposed the automatic suspension of the construction process when an appeal is filed.

While insisting that the reform “will be materialised”, Abela cited the importance of finding a balance that is fair for everyone and not one that allows people to abuse the appeal system.

Abela said that if construction is automatically halted once an appeal is filed, then smaller applicants, who might not have the funds of a large developer, might face an appeal with “vengeful intention”.

A worker atop a construction site. Photo: Matthew Mirabelli

To prevent this, Abela said the government is working on creating a screening process that decides whether an appeal is genuine or not and punishes anyone who might abuse the appeal process.

“We shall be creating a new obstacle, that did not exist before. But to balance out this obstacle, there must also be consequences for those who abuse. Those who do not abuse the appeal system do not need to worry,” Abela said. The prime minister also said the government is working on shortening the appeals process, but this requires a lot more resources.

Currently, if someone wishes to contest a decision taken by the PA about a proposed development, the construction can still start even though it may be subject to appeal.

The appeal must first be heard by the Planning and Review Tribunal and, if its decision is deemed unsatisfactory, it can be taken to court. Either the tribunal or the court may decide against the permit – yet development may already be under way.

The review tribunal could opt to suspend works if the appellants request it, however it rarely decides to do so.

Stakeholders Malta Developers Association and Kamra tal-Periti have expressed their support for the reform during discussions, but only if the timeframes of tribunal decisions and court judgments are shortened.

Meanwhile, Moviment Graffitti’s Andre Callus said that NGOs that have supported this reform have been left in the dark and have not had a single meeting with the government in the past year.