Buy a property in Malta without the need of residency
The process to buying a property in Malta is a relatively simple and straightforward one.
Once you have found a property there are 3 steps in the purchasing procedure.
- The signing of the ‘ promise of sale’ agreement. This is often referred to as the ‘Convenium’ or ‘Konvenju’ agreement.
- Processes between the promise of sale and the final contract
- The final contract of sale.
THE PROMISE OF SALE ( CONVENIUM)
When signing the Promise of Sale be sure to confirm the following.
- The price you agreed on
- If the property is freehold (that there is no ground rent ) or if there is Perpetual Ground rent. This can be agreed upon when signing the Promise of sale.
- What fixture and fittings are included in the price and if any pieces of furniture are included.
- How you are going to fund your purchase (will you need a loan etc)
- Would the owner need to complete any works to the property
- What are the terms of the Promise of Sale agreement ( subject to an AIP permit, loan etc)
- Find out date of when the final deed will be signed. A promise of sale is valid for 3 months, unless otherwise agreed.
- Usually the deposit on the account is paid by the purchaser of 10%, as a sign of goodwill.
- The deposit is forfeited in favour of the seller if the purchaser does not appear on the final deed without a valid reason at law.
PROCESSES BETWEEN PROMISE OF SALE AND THE FINAL DEED.
- The Notary (employed by the purchaser) will, within three weeks of signing the promise of sale agreement, register the agreement with the Commissioner of Inland Revenue and pay 1% of the sale price on account of duty due by the purchaser on the final deed of sale.
- The Notary will also carry out all searches on the property to verify the clear legal title, assuring that there are no outstanding debts, hypothesis or liens on the property.
- The purchaser must honour all conditions mentioned in the promise of sale agreement.eg. if you need a loan that you apply timelessly.
- The seller, in turn, must honour all conditions mentioned in the promise of sale, which may apply to them, eg. Completion of works agreed upon.
THE FINAL CONTRACT
All parties will get together to sign the final deed once all the above steps have been completed.
- The contract of purchase is read out, and if all is in order, all parties concerned will sign
- The balance due, i.e. the purchase price less the deposit already paid when the promise of sale was signed, is paid to the seller.
- The parties pay all outstanding fees due. e.g. the seller might need to pay Capital gains tax and the agent’s fee if applicable.
- The purchaser will pay stamp duty, notarial fees and searches etc.
- The Notary will register the contract at the public registry (and the land registry if needed)
Expenses related to the acquisition of property include:
- 5% stamp duty of purchase price
- 1% to 3% notarial fee (approximate)of purchase price
- €600 searches and registration fees (approximately)
- €233 AIP permit fee (where applicable)