Encroachment Concessions: Outdoor Catering Areas (Tables and Chairs)
In accordance with Article 31(g)(H) of Chapter 573 of the Laws of Malta, the use of Government-owned public spaces (including pavements) for Outdoor Catering Areas requires an encroachment concession (permit) from the Lands Authority. Any person or organisation interested in being granted Government land/property by Encroachment, needs to submit a GLA12 form.
GLA12 applications must be submitted by an architect, using an e-ID account, through the following link from the Lands Authority Website: https://onlineportal.landsauthority.org.mt/Application/GLA12
Applications include both instances where:
- A person/organisation requires consent (‘no objection in principle’), to submit a Development Planning Application with the Planning Authority, in Terms of Article 71(4) Of Chapter 552 Of the Laws of Malta. If an application is approved, a Grant Consent letter together with the relative signed plans of the area requested, is sent by email to the applicant and the architect, who in turn can submit a Development Planning Application with the Planning Authority. A copy of the Lands Authority’s Consent letter needs to be submitted to the Planning Authority with the application.
- A person/organisation requesting to be granted an encroachment concession from the Lands Authority following the issue of a Planning Authority Permit. In the case of an approval for an Encroachment Concession, the individual would receive a Grant Concession Letter and eventually is also notified to call at the Lands Authority Offices to collect and pay the encroachment concession
Applications for outdoor catering areas are assessed in terms of approved planning policies, including the Policy, Guidance and Standards for Outdoor Catering Areas on Public Open Spaces. In the instance where a request for tables and chairs is in an area where a Master Plan is approved and established, all applications in relation to that area shall be assessed according to the provisions of such Master Plan.
An encroachment concession is issued, subject to, a number of Standard Conditions for Outdoor Catering areas plus any other ad hoc conditions that may be required.
The concession does not exonerate the grantee from obtaining any other permit and/or license that may be required under any law and/or regulation related to the activity being carried out by him/her and that may be in force at any time.
A copy of the concession document is to be kept on site at all times.
The grantee is absolutely forbidden from transferring the concession to third parties in whole or in part.
Should the grantee wish to terminate an encroachment concession, it is mandatory to notify the Lands Authority in writing.