Amendments to Chapter 158 were introduced by Act No. XXVII of
2018. The amendments affect the leases created by virtue of a
previous title of emphyteusis or sub-emphyteusis which commenced
before the 1st June 1995 through the application of
article 5, 12, or 12A of Chapter 158.
The constitutionality of the provisions of Chapter 158 has been
challenged repeatedly in front of the Maltese Courts and in front
of the European Court in Strasbourg. Since the case of Amato Gauci
v. Malta, (App no 47045/06 [ECHR, 15 September 2009]), the majority
of the cases brought by owners arguing a breach of their rights to
property have been upheld by our Courts and the Court in
Strasbourg.
Parliament has now introduced amendments to Chapter 158,
supposedly to try and remedy the situation and decrease the
excessive burden put on owners by operation of the law. It is
doubtful whether these amendments will satisfy constitutional
requirements. The workings and application of the means
