A family living in Fort Binġemma have set up a swimming pool on the protected 19th century site in the latest twist in a saga that has been ongoing for four decades.

Pictures sent to Times of Malta show people bathing in a reservoir that has recently been painted and transformed into a pool in the Grade 1 scheduled site in the limits of Rabat.

The historic property is subject to daily fines due to enforcement notices over illegal development in the past but the Planning Authority says it is unable to act because the pool’s structure pre-dates 1967.

And the occupier, Steve Buttigieg, claims he has “a right to this land”.

Originally built in 1878 as part of the Victoria Lines, the fort’s original purpose was to defend the island from an invasion.

But, since 1981, Fort Binġemma has been essentially taken over by the Buttigieg family, who have used its defences – and some large dogs – to keep the authorities out. The fort was leased to Gaetano Buttigieg for cow-rearing and as a private residence for his family just before the 1981 general election.

Despite promises that it would be reclaimed by the government and opened to the public, the lease for the property was renewed annually until 2009, when it was terminated.

The blocked doorway to Fort Binġemma.

According to reports, the justification that was given for the lack of forceful eviction was based on the idea that Gaetano  Buttigieg had grown old and no suitable housing could be found to accommodate the family.

The PA claims that the swimming pool modification was recently investigated and that it was determined that “since the pool’s structure pre-dates 1967, such structures are deemed to be legal in accordance with the Development Planning Act of 2016”.

However, the PA also stated that “illegal development on site is already covered by an enforcement notice, subject to daily fines” although it did not say how many fines have been issued or to the amount due.

The PA then said that the occupancy of the site “falls within the remit of the Lands Authority (LA) and the Superintendence for Cultural Heritage (SCH)”.

A spokesperson for the SCH confirmed that the fort was scheduled as a protected site since 2001 and admitted that heritage officials have been unable to access the site.

The LA failed to answer questions about whether the lease agreement has been reinstated since its termination in 2009.

The compromise that the government at the time had tried to reach was to separate the family’s residential building from the fort, a request which the Buttigieg family had agreed to, only to change their mind and prohibit government officials from entering the fort.

Contacted by telephone, Buttigieg told Times of Malta the family have a right to the property.

Tell whoever sent you to ask these questions that this is all bull***t and that we have a right to this land

“Tell whoever sent you to ask these questions that this is all bull***t and that we have a right to this land.

“Give me your details so I can tell people to speak to you. I spoke to the ‘big guys’ and they will know what to tell you,” he said, adding that, since rent is being deposited, the family has a right to stay there.

When asked if he thinks it is justifiable to occupy national heritage as a private residence, Buttigieg admitted that he was not sure how to respond.

“I don’t know what to tell you, however, if they want us to move out, we need to have a place where to live.

“Where am I going to take my mother? This has been our land and it will remain our land... others want to take it from us and I won’t let it happen,” he said.