Illegal development fines reach penalty limit in 161 cases – no enforcement

At least 161 illegal developments in Malta remain untouched by enforcement, despite having reached the maximum fine limit imposed by law—€50,000. Some of these enforcement orders date back decades.

Research compiled from parliamentary questions and analysed by The Shift reveals that, since 1997, 161 sites have been subject to daily fines of up to €50.

In all cases, the maximum cumulative fine permitted (€50,000) under existing legislation was reached several years ago. However, no further action has been taken by the authorities to regularise or dismantle the unauthorised developments. It is unclear whether the fines have even been paid.

Several of the sites in question involve large-scale commercial operations.

The law has been allowed to become insignificant by design, confirming the domination of big business and developers on Malta’s political system.

From Rabat Marbles to Monte Kristo

Among the earliest is a marble factory located on government land in Misraħ Suffara, Dingli. Owned by Edward Zahra, the facility has been operating without planning permission since at least 2005. Despite repeated enforcement orders, operations continue, and large quantities of marble remain stored across the premises.

The owners are no longer liable for additional fines, having reached the €50,000 ceiling years ago. It remains unclear whether any fines were paid.

Another prominent case involves the Monte Kristo Estate in Ħal Farruġ, owned by brothers Charles and Paul Polidano, commonly known as ‘iċ-Ċaqnu’. 

The extensive complex has been the subject of daily fines since 2008. Built almost entirely without planning permission, the estate includes event spaces and commercial outlets. Despite enforcement action, the €50,000 cap has long been reached, and the development remains in use.

Facilities at the estate have been used by political candidates from both major parties to host events, including parties and coffee mornings. Recently, Prime Minister Robert Abela and Archbishop Charles Scicluna attended the inauguration of the estate’s newly built headquarters, also reportedly constructed without a permit. 

Under Maltese law, the Planning Authority retains the power to undertake direct action to dismantle unauthorised structures. However, this enforcement mechanism has rarely been applied in recent years.

Daily fines were introduced by the previous administration in 2012 to deter illegal development, with a €50-per-day rate applying until compliance is achieved. Yet the law includes a clause that halts further penalties once the €50,000 threshold is reached—a figure widely viewed as nominal when compared with the profits generated by large commercial operations.

Despite sharp increases in property values over the past decade, the Labour administration has not revised the cap or enforcement framework.

The relationship between property developers and political parties continues to draw scrutiny, with developers widely regarded as major financial contributors to both sides of the political spectrum.