Acquisition of Immovable Property

When to apply for the A.I.P Permit

Citizens of all European Union member states, including Maltese Citizens, who have not resided continuously in Malta for a minimum period of five years, may only purchase their primary residence or any immovable property required for their business activities or supply of services without the necessity of obtaining a permit under Chapter 246 of the Laws of Malta.

Citizens of all European Union member states, including therefore Maltese Citizens, who have not resided continuously in Malta for a minimum period of five years, require a permit under Chapter 246 of the Laws of Malta to acquire immovable property for secondary residence purposes.

Individuals who are not citizens of a European Member state may not acquire any immovable property unless they are granted a permit in terms of Chapter 246 of the Laws of Malta.

There are defined zones in Malta, referred to as special designated areas, where there are absolutely no restrictions to acquisition. There is also no restriction on acquisition through inheritance and there are also several other special exemptions. Different rules apply to the acquisition by bodies of persons.

Applying for the Permit

All applicants need to:

• Fill the A.I.P. application form completely.


• Produce a copy of the promise of sale or preliminary agreement of the immovable property being acquired, if entered into.

First-time applicants need to:

• Produce two passport-size photographs of non-resident applicants.
• Produce a photocopy of the passport showing applicant's particulars.

Applicants who already owned Immovable Property need to:

• Produce copy of deed of sale of previous immovable property.
• Give reasons for the transfer of the previous immovable property and acquisition of the new immovable property.

Limited liability companies who apply for a permit need to:

• Produce Memorandum and Articles of Association of the company.
• Give details of shareholding directors.
• Produce evidence showing that the purpose of the company is for the development of the economy of Malta.

When the application is approved, the applicant or mandatory will be informed by a notice. The applicant will then be issued with a permit against a payment of €232.94c. The applicant may then enter into a contractual agreement to buy the immovable property.

Conditions

The immovable property is to be used for residential purposes only.

The minimum price is:

• € 92,546.01 for the purchase of a flat or maisonette.
• € 154,199.86 for the purchase of any other immovable property.

The purchased immovable property cannot be rented to third parties except for villas with pools and first class quality flats.

As a non-resident, you are allowed to purchase only one immovable property in Malta unless it is situated in a Special Designated Area e.g. Portomaso Development Complex, Tigne' Point Development, Tas-Sellum Residence, St Angelo Mansions, Pender Gardens, Metropolis Plaza and Fort Chambray.

In accordance with a Quality Service Charter, the AIP Section is committed to issue the requested permit within 35 days subject to application submitted being correct.

Source of Information

All the above information is an extract from The Capital transfer Duty within the Inland Revenue division under the Ministry of Finance of the Government of Malta.

For further information visit the official government site about the Acquisition of Immovable Property.

Downloads

• Application form for Private Individuals.
• Application form for a Body of Persons.
• The Immovable Property (Acquisition by Non-Residents) Act.

All the above downloads are in Acrobat PDF format. Click here to download the pdf reader for free.