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Foreign Buyers Guidelines    
  Purchase of Property in Malta by Non Residents

Meaning of Non-Residents
In respect of purchase of property in Malta, the phrase "Non-Resident" is understood to mean any person that has not resided in Malta for a continuous period of 5 years during one’s lifetime. Properties which are in specially designated areas in Malta (Cottonera project, Portomaso, Chambray Gozo and Tigne (Midi)) do not require an A.I.P. Permit (Acquisition of Immovable Property by Non-Residents Permit) and the Purchaser may acquire more than 1 property in such areas (in addition to any other property allowed by Law.)


Requisites

The prospective non-resident purchaser and/or spouse must NOT own other property in Malta. However if the non-resident Purchaser is an E.U. Citizen and has resided in Malta as a permanent resident for over 5 years, he may acquire the second property.
The prospective non-resident purchaser can use the property for RESIDENTIAL purposes only for his/her and family's own use. (Thus the property may not be used for commercial purposes.)
The prospective non-resident purchaser must obtain an A.I.P. Permit, from the Ministry of Finance in Malta.

The MINIMUM purchase price is set at thirty nine thousand and seven hundred thirty Maltese liri (Lm39,730) for apartments
   and sixty six  thousand and one hundred ninety eight Maltese liri (Lm66,198) for other properties. (An "Apartment" means a habitation in a block of at least 2 apartments, the block having a common entrance and door onto the street. "Other properties" are those that have their own private entrance.). This amount is automatically revised every end of April of each year to take into consideration the change in prices over the preceding 12 months.
N.B. The A.I.P. Permit does not include the Permanent Residence Permit.

Procedure
-A promise of sale is drawn up between the parties, whereupon the prospective non-resident purchaser deposits a % of the price (normally not less than 10%) pending finalization of the deed. This amount is returned should the A.I.P. Permit not be issued, or if the sale is not concluded for any specific reason allowed by law. In many cases this deposit is sent by SWIFT Transfer to a given.
-A further 1% of the price of the immovable is deposited with the Notary to register the agreement. This represents 20% of the duty on documents due on the final deed .

-An application is filed on behalf of the prospective non-resident purchaser for the A.I.P. Permit. This is normally filed by the Notary Public or Agent.
-Searches are carried out into the prospective vendor's title and liabilities, in order to ensure the vendor's valid title, and the property is not burdened by any liabilities.
   -On receipt of the A.I.P. Permit (which takes roughly 2 to 3 months for processing), and prior to the publication of the deed, the prospective non-resident purchaser is to make the balance of the monies available in Malta.
-Thereafter the final deed may be published.

Charges and Expenses

-Price of Property (minimum Lm34,500/Lm57,000). -A.I.P. Permit fee (Lm100) -Agency fees if any. In many cases this will be due only by the Vendor. -Deed fees/expenses, all-inclusive in the region of 6% - 6 ½% of the purchase price, which sum includes duty on documents (5%) enrolment deed, copies, revision fee and notarial fees.  

Details required for Application of the A.I.P. Permit.
 The prospective non-resident purchaser will need to submit the following details for the application to be submitted: Name & Surname, Date of Birth, Place and Country of Birth, occupation, contact details, Nationality, Passport No., Father's name & surname, Mother's name & maiden surname. Additionally the following documents are required: 2 passport-sized photos, photocopy of relevant parts of the passport (details regarding the holder and details regarding the issue of the passport).

Updated as at July 2006

Immovable Property (Acquisition by Non-Residents) Act

 
         
 
     
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