Recommendation not implemented: Planning fines adjustments

Recommendation not implemented: Planning fines adjustments

Published July 08, 2025

The Complaint

A complaint was received alleging the improper capping of the daily fine applied to a substantial irregular development.  In response, the Commissioner for Environment and Planning launched an investigation into the adequacy of the existing regulations governing daily penalties and administrative fines.

The Investigation

The investigation revealed that the current fines were established in 2012 and that the capped amount of €50,000 neither reflects present-day realities nor serves as an effective deterrent against large-scale or persistent irregular developments.

It was also found that the regulations inadequately address mobile irregular structures -  such as kiosks, canopies, tables, and chairs  -  since their mobile nature allows for easy removal and reinstatement, limiting enforcement to mere warnings with limited practical effect.

Conclusions and Recommendations

The Commissioner recommended that:

• The capped fine amount be increased from €50,000 to €100,000 to better reflect current conditions and strengthen deterrence.
• The regulations be amended to allow for the confiscation of mobile irregular structures, aligning enforcement with existing provisions under the Traffic Regulation Ordinance concerning the removal of encumbering objects.

Outcome

The recommendations were not implemented.  Consequently, the case was referred to the Prime Minister and the House of Representatives in accordance with the provisions of the Ombudsman Act.