Office of the Ombudsman calls for firm action to ensure safe and unobstructed pavements

Office of the Ombudsman calls for firm action to ensure safe and unobstructed pavements

Published January 09, 2026

The Office of the Parliamentary Ombudsman has published a position paper urging immediate action to address the growing obstruction of public pavements and spaces, particularly by outdoor catering establishments.

The paper, ‘Ensuring Safe and Unobstructed Mobility on Public Pavements and in Public Places’, identifies the unchecked spread of tables, chairs, and related furniture in public areas as a serious and ongoing infringement on the rights of older persons, persons with disabilities, and families with young children.

What began as a commercial adaptation has become a systemic issue. The widespread and often irregular occupation of pavements undermines the principles of safe mobility, equal access, and public safety. Public pavements are public infrastructure, not private extensions of business premises. When blocked, they impede those who rely on mobility aids, affect parents with young children, and hinder access for emergency services.

Rights at Stake

The position paper outlines the legal framework under both Maltese and EU law that recognises safe and unobstructed mobility as a right. It highlights binding obligations under the Equal Opportunities (Persons with Disability) Act, the UN Convention on the Rights of Persons with Disabilities, and EU directives. These require the State and its authorities to ensure accessible, safe, and inclusive public spaces.

Obstructed pavements are not simply an inconvenience; they represent a failure to meet legal obligations and deny individuals their right to move about freely and safely.

Key Recommendations

The Office of the Ombudsman is proposing a set of coordinated measures aimed at enforcement, planning reform, and regulatory clarity. These include:

• The Lands Authority should publish a full and transparent list of all concessions granted for use of public land, including pavements. It must enforce these concessions rigorously, taking immediate action against irregular occupation and imposing fines where necessary. The lack of accessible public information on these concessions creates confusion and limits accountability.
• All development permits issued by the Planning Authority that allow outdoor catering on pavements should include conditions that physically demarcate the permitted area. These areas must be clearly and visibly marked on site prior to the operation starting. The Planning Authority must also review previously approved permits where this requirement was not in place and ensure retroactive compliance.
• The Planning Authority must also be given the power to take direct enforcement action against breaches. Regulatory amendments to the Development Planning Act are necessary to allow for the removal and confiscation of irregular movable objects, such as tables and chairs that extend beyond approved zones. These would mirror similar powers currently used under the Traffic 
  Ordinance Regulations for vehicles that obstruct roads and pavements.
• All outdoor furniture concessions should be subject to clearly defined conditions, regularly reviewed, and capable of being revoked in cases of non-compliance. Licensing should not be seen as permanent or automatic.
• Local Councils and local enforcement bodies must be empowered and resourced to carry out frequent, verifiable inspections. They must act on public complaints and have clear authority to remove illegal obstructions promptly. Consistent enforcement is critical to deterring abuse.
• Accessibility must be integrated at the earliest stages of urban planning, not treated as an afterthought. Public authorities should ensure that designated clear walking corridors remain permanently unobstructed, are properly signposted, and are kept free of movable objects at all times. Planning decisions must account for the needs of persons with mobility, sensory, or cognitive impairments.

Conclusion

The Office of the Ombudsman is urging all public authorities to act without delay. The current situation represents a failure of enforcement and oversight, and a breach of both national and international obligations.

With proper regulation, regular monitoring, and a shift in planning culture, outdoor commercial activity can coexist with the right of every person to move freely, safely, and with dignity.

The Office stresses that public space belongs to everyone. Accessibility must be protected through clear legal standards and active enforcement, not left to discretion or goodwill.