Buying Property in Malta and Gozo

Malta and Gozo are becoming increasingly popular locations for the purchase or rental of second homes.
Situated at the very heart of the Mediterranean Sea, with easy access from all major cities in Europe, North Africa and neighbouring states, the islands have many advantages to offer, including the following:

  • An excellent climate with pleasant all year round weather.
  • Genuinely friendly and hospitable people who will make it easy to integrate within the local community.
  • Very low levels of crime which make Malta one of the safest places in the region.
  • A member of the European Union since 2004, Malta is an independent republic enjoying political stability.
  • English is one of the two official languages of the Islands and is spoken fluently by everyone.
  • The island boasts a high standard of hospital and medical services, both private and public.
  • Excellent schooling, often exceeding international standards, with a choice of English-speaking schools and University.
  • A relatively low cost of living.
  • A stable property market offering a wide variety of properties in all price ranges, and good prospects for capital growth.

These, together with an abundance of historical and cultural attractions, crystal clear seas, a variety of sporting facilities (including world class diving) and a lively calendar of events, make these islands a favourite for those seeking their dream ‘Place in the Sun'. Moreover, the residency conditions are very attractive and include a favourable tax regime and the absence of Rates or Council taxes.

LEGAL

Procedure of Property Purchase in the Maltese Islands

Once a property to the liking of a client is identified, and an offer is made and accepted, as well as terms and conditions are agreed upon - then a preliminary agreement (Konvenju) is signed. This is an agreement whereby the vendor and the purchaser bind themselves to sell or to buy the property at an agreed price and within an agreed timeframe.

A deposit (typically but not specifically 10%) is paid and is held by the notary, estate agent or vendor depending on what has been agreed.

The preliminary agreement (Konvenju) is usually written by and signed in front of a notary - being the only official allowed at law to publish deeds.

The agreement may be subject to some conditions (e.g loan, architects approval etc.,) as agreed by the parties, but a time frame is usually given within which these are valid so as not to leave the vendor in uncertainty for too long.

Once the notary has carried out the searches on the title of the property, and bank loans are approved - then the contract can be signed.

A loan would involve a sanction letter and it is important that all insurances are taken out and conditions of sanction are met well before contract due date to avoid last minute hiccups.

A typical time frame between preliminary agreement (Konvenju) and contract is 3 - 6 months. This time frame an be much longer or shorter as part of negotiations.

If a bank hypothec needs to be cleared on contract, then the contract will usually be held at a bank - although the notary might collect funds due to the bank him/ herself, in which case this would not be necessary.

If a loan is to taken out to purchase the property, then the contract will be held at the issuing bank.

Purchase Expenses

  1. Stamp Duty as per table below:

Local First Time Buyers

5% less Lm450.00 (this is equivalent to 3.5% on first Lm 50,000 and 5% on remainder)

EU citizen taking up residence in Malta, having sold overseas properties and having Malta Property as sole residence

5% less Lm 450.00

Local second time buyer who has sold first residence and is buying as primary residence.

5% less Lm 450.00

Donation of property by parents to their children

3.5% on one donation of such property by parents to children (other rules apply)

Transmission of a persons ordinary residence to surviving spouse

Nil (as long as property not sold by surviving spouse)

All other cases

5%

Causa Mortis

5%

  1. Notarial Fees

Selling Expenses

  1. Agency Fees as agreed
  2. Capital Gains if applicable as per table below:

Title of Transferor

Provisional Tax on Capital Gains

Final Witholding Tax

Deriving from Inheritance prior to 25th November, 1992

 

7%

Deriving from Inheritance after 24th November, 1992

 

12% on difference between value declared in causa mortis and deed of sale.

Deriving from Partition of property which itself related to inheritance prior to 25th November, 1992

 

Vide Category 1

Deriving from Partition of property which itself related to inheritance after 24th November, 1992

 

Vide Category 2

Deriving from Donation over 5 years prior to deed of sale

 

12% of sale price less value of donation

Deriving from Donation less than 5 years prior to deed of sale

 

12% of sale price

Property regarding which konvenju registered prior to 22nd November, 2005

7% provisional as long as deed published prior to 31st March, 2006

Else 12% of sale price

Property owned less than 5 years prior to deed of sale

either 7% provisional

or 12% of sale price

Property located in a specially designated area, regarding its first transfer.

either 7% provisional

or 12% of sale price

a) Exemption issued by CIR ;
b) Donation by family to family members;
c) Ownership and residence for over 3 years;
d) Transfer by engaged couples of ½ share to the other party;
e) Property assigned in a separation agreement.

nil

nil

All other categories

 

12% of sale price

Acquisition of Immovable Property Permit

Foreign purchasers might or might not need permission from the Ministry of Finance (AIP Permit). See table below:

AIP

Required or Not

Number of properties allowed

EU citizen buying a holiday home

AIP Required

1

EU citizen buying home as full time residence in Malta and registering for NI, tax etc in Malta.

NO AIP Required

1

EU citizen having lived in Malta for a period of over five years and registered for NI, tax etc., in Malta.

NO AIP Required

unlimited

Non-EU citizen buying property in Malta for whatever reason.

AIP Required

1

Maltese citizen or passport holder having lived here for a period of five consecutive years.

NO AIP Required

unlimited

Maltese citizen or passport holder having lived for less than five years.

AIP Required

1

After five years living in Malta

NO AIP Required

unlimited

Special Designated Areas

Maltese or EU citizens irrespective of number of years in Malta, whether living permanently or not.

NO AIP Required

unlimited

Non-EU citizens

NO AIP Required

unlimited