The Complete Property Buying Process in Malta for Foreigners: Step by Step
The Complete Property Buying Process in Malta for Foreigners: Step by Step
Buying property in Malta as a foreigner is not complicated, but it follows a specific legal process that differs from what you might be used to in other European countries. The entire transaction runs through a notary public, deposits are standardised, and depending on your nationality you may need government approval before you can complete. Here is exactly how it works, from first steps to registered ownership.
Step 1: Engage a Notary and a Perit
In Malta, a notary (nutar) is not optional. Every property transaction must be executed before a notary public, who is responsible for drafting the contracts, conducting searches, and ensuring the transfer is legally valid under Maltese law. The notary acts for the transaction itself rather than for either party, though in practice each side often engages their own notary. Notary fees typically run between 1 and 3 percent of the property value, and this is one of the costs you should budget for from the outset.
You should also engage a perit, which is the Maltese term for a warranted architect and civil engineer. The perit will inspect the property, verify that the building complies with Planning Authority permits, and identify any structural issues or unauthorised alterations. This is not legally mandatory in the way the notary is, but skipping it is a false economy. Unauthorised building works are common in Malta, and discovering them after purchase can result in enforcement action, fines, or the inability to resell. The Planning Authority maintains records of permits and enforcement notices that your perit should check as part of their assessment.
Step 2: The Promise of Sale (Konvenju)
Once you have agreed on a price and your notary has conducted preliminary checks, both parties sign a konvenju (promise of sale). This is a binding preliminary agreement that commits both buyer and seller to completing the transaction under agreed terms.
The standard deposit is 10 percent of the agreed purchase price, paid by the buyer upon signing the konvenju. This deposit is held by the notary. The konvenju typically has a validity period of three months, during which the remaining due diligence, financing arrangements, and any permit applications must be completed.
The konvenju will include conditions that allow either party to withdraw without penalty if certain requirements are not met. Common conditions include obtaining the AIP permit (for non-EU buyers purchasing outside SDAs), securing mortgage approval, satisfactory results from the property search, and confirmation that no government acquisition orders exist on the property. If the buyer withdraws for reasons not covered by the conditions, they lose the deposit. If the seller withdraws, they must return double the deposit amount. This structure is established under general Maltese contract law and is consistently applied across transactions.
Step 3: AIP Permit Application (If Required)
Non-EU nationals purchasing property outside a Special Designated Area need an AIP (Acquisition of Immovable Property) permit under Chapter 246 of the Laws of Malta. The application is submitted to the Principal Permanent Secretary at the Office of the Prime Minister, and the current processing time is approximately six to eight weeks, though it can vary.
The application fee is approximately 233 euros. The permit, once granted, restricts the buyer to one property for residential use. If you are buying within a Special Designated Area, no AIP permit is required regardless of your nationality, which is one of the key reasons SDAs command a price premium.
EU and EEA nationals who have resided in Malta continuously for at least five years do not need an AIP permit. EU nationals who have not met the residency requirement still need the permit for their first property, though the approval is generally straightforward.
Step 4: Due Diligence
While the konvenju is in force, your notary conducts the formal due diligence. This is arguably the most important phase of the entire process, and it is where problems surface if they are going to.
The notary will run a property search at the Public Registry (Land Registry) in Valletta. This search traces the ownership history of the property and confirms that the seller has valid title to sell. It also reveals any existing hypothecs (mortgages), privileges, or encumbrances registered against the property.
Ask Bektu
Still have a question about buying in Malta?
Answers come from the records on file, with links to every source.
Considering a developer you read about here?
You cannot walk the land from another country. But you can verify the developer. Bektu contacts them on your behalf and sends you a scored report. They never see who asked.
Search and verify any developerMore from Bektu
Stay a step ahead of the wire transfer
Get the occasional note from Bektu on verifying developers before you commit. No noise, just what matters.
We will never share your email. You can opt out at any time.



