Unpermitted construction - an extra room, an enclosed roof terrace, a pool, a converted garage - is one of the most common and most financially significant issues buyers run into during due diligence on Malta property, flagged briefly in our due diligence checklist. This guide goes into what “sanctioning” an illegality actually involves.
What sanctioning means
Sanctioning is the process of applying to the Planning Authority to regularise construction that was carried out without a permit, or that deviates from the permit actually issued. If approved, the Authority issues a compliance certificate covering the previously illegal work, subject to a fine - it doesn’t erase the fact the work was done without permission, but it brings the property back into good legal standing for future sale or further development.
What can actually be sanctioned
Sanctioning isn’t automatic, and it isn’t available for everything:
- The core test is whether the development would have been approved had it been applied for properly before construction started. If a fully compliant application would have been refused anyway, the illegality generally can’t be sanctioned regardless of fine paid - the owner may be required to demolish or reinstate instead.
- Illegalities inside the development zone, built before 2016, are the standard, more straightforward category, including some cases within Urban Conservation Areas, though stricter height and facade rules apply there.
- Outside Development Zone illegalities are a separate, much harder case. ODZ sanctioning is discretionary, requires Planning Board approval, and typically draws far more scrutiny and public objection - a 2026 case involving roughly 33,350 square metres of illegal structures and alterations on ODZ agricultural land in Żebbuġ was recommended for sanctioning against a €50,000 fine, illustrating both that it’s possible and that it sits at the upper end of cost and controversy.
What it costs
Fees scale with the type and size of the structure. Cited figures for within-scheme illegalities include:
| Structure | Roofed area | Sanctioning fee |
|---|---|---|
| Apartment | 150 m² | €1,500 |
| Penthouse | 150 m² | €6,500 |
| Detached villa | 250 m² | €5,600 |
| ODZ development (case-by-case, Planning Board discretion) | - | Up to €50,000+ |
These figures illustrate the general scale rather than a fixed universal tariff - actual fees depend on the specific structure, location and history of the illegality, and should be confirmed for your specific case through a perit or planning consultant rather than assumed from a table.
Why this matters when buying
An unsanctioned illegality doesn’t just carry a future cost to fix - it can complicate or delay a sale entirely, since a notary’s title search and compliance check will surface it, and a buyer’s bank may refuse to lend against a property with outstanding planning issues. If you’re buying a property with known or suspected unpermitted work, get a specific sanctioning assessment from a perit before committing, and factor the likely fee - and the risk that some or all of the work simply can’t be sanctioned - into your offer rather than discovering it after the promise of sale is signed.