The Complete Property Buying Process in Sicily 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.

Your notary should also verify that no litigation is pending against the property or the seller that could affect the transaction. A check with the Planning Authority confirms whether the property complies with its approved permits and whether any enforcement notices have been issued. Your perit's inspection report feeds into this, identifying any physical discrepancies between what was approved and what was actually built.

Government acquisition notices are another item to check. The Maltese government has the power to acquire private property for public purposes under the Land Acquisition (Public Purposes) Ordinance (Chapter 88). Your notary should confirm that no such notice has been served on the property you are buying.

If you are using a platform like Bektu to research properties, the listing data can give you a starting point, but the formal legal searches conducted by your notary are what actually protect you. No online platform replaces the notary's due diligence function.

Step 5: The Final Deed (Kuntratt)

Once all conditions of the konvenju have been satisfied, the due diligence is clear, and any required permits have been obtained, the parties proceed to the final deed of sale, known as the kuntratt.

The kuntratt is signed before the notary public at their offices. In keeping with Maltese legal tradition, the notary reads the entire deed aloud to both parties before signatures are applied. This can take some time depending on the length and complexity of the deed, but it is a legal requirement and not merely a formality. The reading ensures that both parties are fully aware of every term and condition before they commit.

The balance of the purchase price (the remaining 90 percent after the konvenju deposit) is paid at this stage, typically by banker's draft. The notary witnesses the signatures, and the deed is then submitted for registration.

Step 6: Stamp Duty

The buyer pays stamp duty of 5 percent on the purchase price or the declared market value, whichever is higher. This is governed by the Duty on Documents and Transfers Act (Chapter 364). The duty is calculated and collected by the notary at the time of the final deed.

There have been discussions over the years about splitting stamp duty between buyer and seller (a 3.5 percent and 1.5 percent split was proposed at various points), but as of 2026, the standard arrangement remains 5 percent payable by the buyer. First-time buyer schemes and reduced rates for properties in certain areas (such as Urban Conservation Areas) may apply in specific circumstances, and your notary should advise you on eligibility.

It is worth noting that the Commissioner for Revenue can challenge the declared value if it appears to be below market rates, so understating the purchase price in the deed is not a viable strategy and can result in penalties.

Step 7: Registration at the Land Registry

Following the signing of the kuntratt, the notary is responsible for registering the deed at the Public Registry within 15 working days. Registration is what formally transfers legal ownership to the buyer and makes the transaction enforceable against third parties.

Until the deed is registered, you may have a valid contract between yourself and the seller, but you do not have the full protection of registered title. This is why ensuring your notary handles the registration promptly is important, and it is worth confirming that it has been completed rather than simply assuming.

Timeline and Costs Summary

For a standard property purchase by a non-EU buyer outside an SDA, the typical timeline from signed konvenju to registered deed is three to six months. The AIP permit application accounts for a significant portion of that time.

For purchases within Special Designated Areas where no AIP permit is needed, the process can move faster, often completing in six to ten weeks if financing is already arranged and the due diligence is straightforward.

In terms of costs beyond the purchase price, budget for stamp duty at 5 percent, notary fees at 1 to 3 percent, perit fees for the inspection, and the AIP permit fee if applicable. Agency fees in Malta are typically paid by the seller, but confirm this in writing before you proceed. All in, the buyer's transaction costs on a standard purchase typically add up to 6 to 8 percent of the purchase price, which is competitive by European standards.