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Buying Property in Malta

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Since Malta joined the EU, it has become increasingly attractive for foreigners to buy property in Malta. The high standard of living and the established economic, legal and political systems offer security and stability for people buying property and apartments in Malta.

Application forms for the buying of property and information on regulations concerning property buying for Pendergardens or any property on the islands can be found on the Ministry of Finance, the Economy and Investment website under the Acquisition of Immovable Property Section at www.aip.gov.mt

In terms of popular property locations, there is something for everyone whether you prefer built-up tourist resorts or traditional Maltese villages. You’ll find something that suits you. The tourist resorts of Sliema and St Julian’s are lively. There, you will find a good choice of restaurants and lively nightlife – and Pendergardens, of course. However, if you prefer somewhere as tranquil as Pendergardens, there are many traditional and friendly villages to choose from.

Signing a Preliminary Agreement

Once you have decided on the property you want to buy in at Pendergardens and the price and conditions have been agreed, a Preliminary Agreement (convenium) is signed between the vendor and purchaser. This agreement binds both parties to sell or purchase the immovable property under the terms and conditions agreed upon. The signing of the final deed is, however, always subject to good title being proved and the issue of any relative permits to purchase. The agreements when buying apartments or property in Malta are generally always written in English.

Signing the Preliminary Contract

On signing the preliminary agreement that is tied in with the buying of apartments in Malta, a sum equivalent to 10% of the price is lodged with the agent or notary public as stake-holder. This deposit will be forfeited in favour of the vendor should the purchaser fail to complete the final deed of transfer for no valid reason at law. The agreement is usually valid for three months (term prescribed by law) or as mutually agreed by the parties. During the period between the signing of the preliminary agreement and the signing of the final deed of sale, the Notary Public, that is engaged by the purchaser, will carry out the necessary researches into the property to confirm good title, as well as submit the application to purchase to the Ministry of Finance, if necessary. Once the relative permit has been issued and researches have proved clear title to the property being purchased, the final contact of sale may be entered into, the deed of sale being drawn by purchaser’s Notary.

Signing of the contract

The balances of the purchase price and stamp duty plus legal expenses are paid on the signing of the contract when vacant possession to the property is handed to the purchaser. (1% of the stamp duty due is payable on the signing of the preliminary agreement. Expenses connected with the acquisition of property are as follows. You need to pay 5% Stamp Duty and another 1% is set aside for notarial fees. Search fees, registry fees and Ministry of Finance fees are approximately €233 respectively. The above expenses are borne by the purchaser, while brokerage fees due to the estate agency are borne by the vendor.

If you are not an EU citizen

Individuals who are NOT citizens of a European Member State may acquire immovable property in Malta after they obtain the relative permit in terms of Chapter 246 of the Laws of Malta from the Ministry of Finance (www.aip.gov.mt). When you sign an agreement, it binds both the buyer and the seller. And a 1% Stamp Duty is charged of the 5% Stamp Duty on the Preliminary Agreement. Notaries fees are approximately 1%, making a total of about 6% of the purchase price.