‘Public space belongs to everyone’ - ombudsman rebukes obstruction of pavements

The Office of the Parliamentary Ombudsman has urged the government to take immediate action to address the growing obstruction of public pavements, primarily by catering establishments. 

In a position paper entitled ‘Ensuring Safe and Unobstructed Mobility on Public Pavements and in Public Places’, the ombudsman’s office criticised the “unchecked spread of tables, chairs, and related furniture in public areas,” calling it a serious and ongoing infringement on the rights of older persons, persons with disabilities, and families with young children. 

“What began as a commercial adaptation has become a systemic issue. The widespread and often irregular occupation of pavements undermines the principles of safe mobility, equal access, and public safety. Public pavements are public infrastructure, not private extensions of business premises." 

The paper outlines the legal framework under both Maltese and EU law that recognises safe and unobstructed mobility as a right. It highlights binding obligations under the Equal Opportunities (Persons with Disability) Act, the UN Convention on the Rights of Persons with Disabilities, and EU directives. These require the State and its authorities to ensure accessible, safe, and inclusive public spaces. 

“Obstructed pavements are not simply an inconvenience; they represent a failure to meet legal obligations and deny individuals their right to move about freely and safely.” 

The ombudsman’s office made several recommendations. It suggested the Lands Authority should publish a full and transparent list of all concessions granted for use of public land, including pavements.  

“It must enforce these concessions rigorously, taking immediate action against irregular occupation and imposing fines where necessary. The lack of accessible public information on these concessions creates confusion and limits accountability.” 

The paper also recommends that all development permits issued by the Planning Authority that allow outdoor catering on pavements should include conditions that physically demarcate the permitted area. The PA must also be given the power to take direct enforcement action against breaches, while Local Councils and local enforcement bodies must be empowered and resourced to carry out frequent, verifiable inspections, the paper states. 

“The current situation represents a failure of enforcement and oversight, and a breach of both national and international obligations... The Office stresses that public space belongs to everyone. Accessibility must be protected through clear legal standards and active enforcement, not left to discretion or goodwill.”