📄 Legal text
IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.
1
CHAPTER 246
IMMOVABLE PROPERTY
(ACQUISITION BY NON-RESIDENTS) ACT
To prohibit the acquisition of immovable property by non-residents.
9th August, 1974
ACT XXXVII of 1974, as amended by Act LVIII of 1974; Legal Notice
148 of 1975; Acts XVI of 1978, IV of 1979, XIII of 1983, I of 1988, IX of
2003, III and XIII of 2004; Legal Notices 156 of 2005, 335 of 2006, 109,
159, 181, 210 and 411 of 2007, 131, 132 and 133 of 2008, and 359 of 2009;
Act XXII of 2011and VIII of 2020; Legal Notices 314 of 2012 and 349 of
2017 181 of 2018, 226 of 2019 , 459 of 2021 , 175 and 195 and 260 of
2022, 39 and 285 of 2023, 204 of 2024 and 111 and 138 of 2025 and 7 of
2026.
1.
The short title of this Act is the Immovable Property
(Acquisition by Non-Residents) Act.
2.
In this Act, unless the context otherwise requires -
"building" includes a plot of land and for the purposes of article
6 the projected cost of its development;
"continuous period" shall be calculated by ignoring any periods
totalling less than ninety days in any calendar year during which an
individual is not in Malta provided that such periods do not exceed
ninety days in any given calendar year;
Short title.
Interpretation.
Amended by:
I. 1988.2;
IX. 2003.37;
III. 2004.82;
XIII. 2004.63;
VIII.2020.25.
"European Union" means the European Union referred to in the
Treaty;
"Government" means the Government of Malta;
"immovable property" means and includes all things, rights and
actions which are immovable by their nature or by reason of the
object to which they refer in accordance with articles 308 and 310
of the Civil Code;
Cap. 16.
"Malta" has the same meaning as is assigned to it by article 124
of the Constitution;
"M e m b e r St a t e" m e an s a s t a t e w h i c h i s a m e m b e r o f t h e
European Union;
"Minister" means the Minister responsible for finance, and
except for the purposes of an order made in terms of article 6(1) or
regulations made in virtue of article 8, includes where delegated in
writing by the Minister, and public officer in the Ministry of
Finance so delegated by the Minister;
"non-resident person" means and includes:
(a) any individual who is not a citizen of Malta or of
another Member State, excluding third country nationals
holding long-term resident status in terms of the
Immigration Act and subsidiary legislation thereof; or
(b) a citizen of Malta or of another Member State, who has
not been resident in Malta for a minimum continuous
Cap.217.
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CAP. 246.] IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS)
period of five years at any time preceding the date of
acquisition; or
(c) any body or other association of persons, and any
authority, institution, organisation, fund, firm and any
other entity whatsoever, whether corporate or not, if:
(i)
it
is
constituted,
formed,
established,
incorporated or registered in, or under the laws
of, a state other than Malta or another Member
State; or
(ii) it has its registered address, principal place of
residence or of business in a state other than
Malta or another Member State; or
(iii) twenty-five per cent or more of its share or other
capital is owned by a non-resident person or is
registered in the name of a trustee for the benefit
of a non-resident person; or
(iv) it is in any manner and whether directly or
indirectly controlled by one or more nonresident persons;
(d) any trustee in terms of a trust who is:
(i)
a non-resident person unless all the beneficiaries
of the trust are determined and are residents of
Malta and in case of a discretionary trust where
the power of appointment or any discretion may
be exercised in favour of residents of Malta;
(ii) a resident of Malta where any of the
beneficiaries are non-resident persons and in
case of a discretionary trust, where the power of
appointment or any discretion may be exercised
in favour of any nonresident person;
"primary residence" means the dwelling house in which an
individual habitually resides in, or intends to habitually reside in,
as his principal place of abode, whether in Malta or elsewhere;
"resident of Malta" means an individual who is:
(a) a citizen of Malta or another Member State who has
been resident in Malta for a minimum continuous
period of five years at any time preceding the date of
acquisition;
Cap. 217.
(b) the spouse, of whatever nationality and wherever
resident, of a citizen of Malta or another Member State
where such spouses are acquiring together on the same
deed;
(c) a third country national holding long-term resident status
in terms of the Immigration Act and subsidiary legislation
thereof;
"secondary residence purposes" means purposes other than for
primary residence or for any of the purposes listed in article 3(2)(b)
or (3);
IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.
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"special designated area" means a zone described in the First
Schedule and such other zone as the Minister may from time to
time by order in the Gazette add to such schedule;
"the Treaty" has the same meaning as is assigned to it in article 2
of the European Union Act.
3.
(1)
Without prejudice to the other provisions of this Act:
(a) a resident of Malta may acquire by an act inter vivos
immovable property in Malta by or under any title
without the necessity of obtaining a permit under this
Act;
(b) a citizen of Malta and a citizen of a Member State who
in either case is not a resident of Malta may not,
without the necessity of obtaining a permit under this
Act, acquire immovable property for secondary
residence purposes by an act inter vivos in Malta.
Cap. 460.
Persons who may
acquire immovable
property without a
permit.
Added by:
IX. 2003.39.
Amended by:
III. 2004.83.
(2) For the purposes of this Act "immovable property for
secondary residence purposes" shall exclude:
(a) any immovable property which is to serve as the
primary residence for the person acquiring the
immovable property; or
(b) such immovable property the acquisition of which is
required for the carrying out of such person’s business
activities or the supply of services by such person.
(3) A person, other than a physical or a non-resident person,
may acquire by an act inter vivos immovable property in Malta
without the necessity of obtaining a permit under this Act where
such immovable property is required for the purpose of carrying
out the activity for which it has been set up.
4. (1) Save as hereinafter provided, with effect from 30th
May, 1974, a non-resident person may not acquire immovable
property by or under any title, and in any manner, whatsoever,
whether by act inter vivos or causa mortis, and including
prescription, occupancy or accession; and any deed, will or other
act purporting to transfer or transmit any immovable property to a
non-resident person, and any devolution or other event having the
effect of transmitting immovable property and which but for the
provisions of this Act would have transmitted such property in
favour of a non-resident person, shall be null and void and be
without effect for all purposes of law and in regard to all persons;
and any transfer, payment or other thing made or done or given as
part or in consequence of, or as ancillary to, anything which is
prohibited as aforesaid shall likewise be null and without effect
and, as and where appropriate, the subject matter thereof shall be
returned, restored, refunded, cancelled or otherwise dealt with
accordingly.
(2)
Sub-article (1) shall not apply to:
(a) the acquisition of a grave or a site for a grave by a nonresident person; and
Non-residents may
not acquire
immovable
property.
Amended by:
I. 1988.3;
IX. 2003.38.
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CAP. 246.] IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS)
(b) to the redemption by a non-resident person of any
groundrent or other burden encumbering any
immovable property lawfully acquired by such nonresident person.
Exception in
certain cases.
Substituted by:
IX. 2003.40.
Amended by:
III. 2004.84;
L.N. 411 of 2007.
5.
(1)
The provisions of article 4 shall not apply in respect of:
(a) any immovable property devolving causa mortis on
any person, wherever resident, provided that the
person from whom the property devolves had acquired
such immovable property, where applicable, in
accordance with the provisions of this Act; or
(b) the acquisition of immovable property by any person,
wherever resident, in a special designated area; or
(c) the acquisition of any further divided or undivided
share in immovable property by any person, wherever
resident, where such person had previously lawfully
acquired a share in such immovable property; or
(d) the transfer of immovable property in an inheritance
between co-heirs; or
(e) the partition of immovable property between coowners; or
(f)
the acquisition of immovable property by a company
or other commercial partnership, not being a nonpresident person, from one or more of its members
holding over fifty per cent interest in, or of its share
capital; or
(g) the donation of immovable property to a spouse,
descendant or an ascendant in the direct line and their
relative spouses, or in the absence of descendants to a
brother or sister and their descendants, provided such
immovable property had been acquired in accordance
with the provisions of this Act, where applicable.
(2) The party acquiring the immovable property or on whom
the immovable property is assigned in a partition or devolves in
accordance with any one or more of the exceptions listed under
sub-article (1) shall declare on the deed that such transfer is so
covered, and the notary publishing the deed shall warn the said
person of the importance of the truthfulness of such declaration and
record on the deed that he has so warned such person.
(3) Any notary who receives any deed which does not contain a
declaration as is required under the provisions of this article, or
who fails to warn the parties particularly as to the importance of the
truthfulness of such declaration or to record in the deed he has
compiled with such requirement, shall be guilty of an offence under
this Act, and shall on conviction be liable to a fine (multa) of not
less than two thousand and three hundred euro (2,300) and not
more than twenty- three thousand euro (23,000).
IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.
6. (1) The Minister may grant a permit in writing to a nonresident person to acquire an immovable property specifically
indicated in the permit if in the opinion of the Minister it is in the
public interest or it is otherwise appropriate to grant such permit:
Provided that, if an application is made to the Minister for
the acquisition of immovable property by a non-resident person,
and such application is made in line with such policies, such form
and in such manner, if any, as may be established by regulations
made under this Act, and such information as may be prescribed by
regulations has been given, the Minister shall not withhold his
permit if he is satisfied that (a) the immovable property is required for an industrial or
touristic project approved by the Government or for
any other project or purposes similarly approved in
view of its contribution to the development of the
economy of Malta; and
(b) in the case of an individual who is not a resident of
Malta, the immovable property is a building the value
of which is not less than eighteen thousand and five
hundred euro (18,500) (which sum shall be adjusted in
line with an immovable property price index that shall
be published annually in the Gazette by the National
Statistics Office) and which is intended to be used by
the non-resident person as a residence for himself and
his family and such non-resident person does not own
or hold under any title whatsoever any other
immovable property in Malta other than immovable
property the acquisition of which is exempted under
article 4(2) or 5;
(c) the immovable property is either:
(i)
a garage situated within five hundred metres
from the applicant’s previously acquired
residence; or
(ii) an adjoining parcel of land or building intended
to serve as an extension to and be integrated
with, the applicant’s previously acquired
residence:
Provided further that the Minister may withhold the
granting of a permit for the acquisition of any immovable property
which he considers to be of historical importance, or as being
situate in a historical locality.
(2) Where by virtue of any deed, succession, act or event, a
non-resident person would, but for the provisions of this Act, have
acquired immovable property, the Minister may, by order in the
Government Gazette specifying the property which he intends to
cover by the order, grant a permit to such non-resident person to
acquire the property so specified; and in any such case the
acquisition shall have effect from such day as may be specified in
the order being a day not earlier than the date of the deed,
succession, act or event aforesaid or, if no date is specified in the
order, from the date of the deed, succession, act or event aforesaid.
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Permit to nonresidents to acquire
immovable
property in
particular cases.
Amended by:
XVI. 1978.2;
XIII. 1983.5;
I. 1988.4;
IX. 2003.38, 41;
L.N. 411 of 2007.
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CAP. 246.] IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS)
(3) The conditions, restrictions, limitations and qualifications
under which the permit referred to in this article is granted shall be
those listed in the Second Schedule.
(4) An acquisition of immovable property made by virtue, and
in accordance with the terms of a permit granted under sub-article
(1) by means of a public deed to which such permit is annexed and
an acquisition of an immovable property in respect of which a
permit is granted under sub-article (2), shall be valid and have
effect notwithstanding article 4, subject to compliance with the
provisions of any other law applicable to such acquisition:
Provided that this sub-article shall not apply, and article 4
shall have full effect as if no permit under this article had been
granted, if, in respect of any permit so granted, information
material to the granting of such permit was given to the Minister
which was incorrect or misleading.
(5) As soon as may be after the end of every three-month
period ending on 31st March, 30th June, 30th September and 31st
D e c e m b e r, t h e M i n i s t e r s h a l l c a u s e t o b e p u b l i s h e d i n t h e
Government Gazette a list of all permits granted under this article
during the preceding period of three months, together with such
information concerning the person to whom and the property in
respect of which the permit was granted as the Minister may deem
appropriate. A copy of all the lists published under this sub-article
shall be kept at the Public Registry offices in Malta and in Gozo
and such copies shall be so open to inspection by any person in like
manner as the registers kept in those offices.
Immovable
property to be used
only for the
purpose indicated.
Amended by:
LVIII. 1974.68;
L.N. 148 of 1975;
XIII. 1983.5.
Substituted by:
IX. 2003.40.
Amended by:
III. 2004.85;
L.N. 411 of 2007.
7. (1) It shall not be lawful for any person, without the
consent in writing of the Minister, to make use, or to permit the use,
of any immovable property acquired by virtue of a permit granted
under article 6, in any manner or for any purpose other than that
indicated in the application for such permit.
(2) Any person authorised to acquire immovable property in
Malta in accordance with the provisions of article 3 shall, on the
deed transferring title, declare that he qualifies to acquire such
immovable property and shall further state the reasons for such
qualification as well as, where required to do so by this Act, the
purpose of such acquisition, and the notary publishing the deed
shall warn the said person of the importance of the truthfulness of
such declaration and include such declaration in the said deed.
(3) Any notary who receives any deed which does not contain a
declaration as is required under the provisions of this article, or
who fails to warn the parties particularly as to the importance of the
truthfulness of such declaration or to record in the deed that he has
complied with such requirement, shall be guilty of an offence under
this act, and shall on conviction be liable to a fine (multa) of not
less than two thousand and three hundred euro (2,300) and not
more than twenty-three thousand euro (23,000).
(4) If any act is committed or omitted in contravention of any
of the provisions of sub-articles (1) or (2) or of any condition,
restriction, limitations or qualification contained in any permit or
IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.
7
consent given under this Act, the person to whom the permit or
consent was last granted and any other person committing or
omitting or permitting the commission or omission of any such act
as aforesaid, shall be guilty of an offence under this Act and shall
be liable, on conviction, to a fine (multa) not exceeding twentythree thousand euro (23,000) or double the market value of the
immovable property so acquired, whichever is the higher amount,
and, in the case of a continuing offence, to a further fine (multa) of
not less than two hundred and thirty euro (230) and not exceeding
two thousand and three hundred euro (2,300) for each day,
excluding the first one hundred and eighty days, during which the
offence continues:
Provided that no proceedings shall be instituted against
such person within one hundred and eighty days from the date of
acquisition, and no proceedings shall be taken if, within such
period of one hundred and eighty days, such person has remedied
the contravention and has conformed with the provisions of this
Act or has otherwise lawfully transferred the property:
Provided further that should any permit or consent be
required to conform with the law and such permit or consent is
refused, no proceedings shall be instituted against such person, and
those already commenced shall be withdrawn, if such person
transfers the immovable property within one hundred and eighty
days from the date of such refusal.
(5) Saving the provisions of the provisos to sub-article (4),
nothing in the said sub-article shall be construed as validating
anything done not in conformity with any condition, restriction,
limitation or qualification contained in a permit or consent given
under this Act.
8.
The Minister may make, and when made vary, alter and,
without prejudice to the making of new regulations, revoke,
regulations to give effect to any of the provisions of this Act and in
particular, but without prejudice to the generality of the foregoing,
to (a) prescribe or make provision for any matter which may
be or is to be prescribed under this Act;
(b) amend, cancel or substitute any of the Schedules to
this Act;
(c) make provision for or determine the cases, manner,
terms and conditions, other than those provided for in
this Act, in or under which a permit may be granted
under article 6;
(d) make provision, and establish penalties not exceeding
twenty-three thousand euro (23,000) or double the
market value of the immovable acquired and not
exceeding two thousand and three hundred euro
(2,300) for each day in respect of continuing offences,
or other consequences or effects, for or in respect of
any contravention or failure of compliance with any
condition, restriction, limitation or qualification
Regulations.
Amended by:
IV. 1979.2;
XIII. 1983.5;
IX. 2003.38, 42;
L.N. 411 of 2007.
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CAP. 246.] IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS)
contained in any such permit as aforesaid;
(e) prescribe the fees that may be charged for the issue of
permits for the acquisition of immovable property
under the provisions of this Act and, without prejudice
to the generality of the foregoing, make different
provisions in respect of such fees for different
categories of applications for a permit, for different
categories of permits, for different categories of
persons, or for such different circumstances or reasons
as appear to the Minister to be appropriate.
Colourable
transactions.
Added by:
IX. 2003.43.
9.
The provisions of this Act shall also apply where a person
acquires shares or other equitable interest in a commercial
partnership in order to circumvent and evade the requirement of a
permit under this Act, and where any person so acquires such
shares or equitable interest for such purpose without first obtaining
a permit, the provisions of this Act, including, without prejudice to
the generality hereof, the provisions of articles 4 and 7 thereof,
shall apply to the acquisition of such shares or equitable interest as
if such acquisition were of the immovable property held by such
partnership.
IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.
FIRST SCHEDULE
List of scheduled zones in terms of article 2
1.
9
Added by:
IX. 2003.44.
Amended by:
L.N. 156 of 2005;
L.N. 335 of 2006;
L.N. 109 of 2007;
L.N. 159 of 2007;
L.N. 181 of 2007;
L.N. 210 of 2007;
L.N. 131 of 2008;
L.N. 132 of 2008;
L.N. 133 of 2008;
L.N. 359 of 2009;
L.N. 314 of 2012;
L.N. 349 of 2017;
L.N. 181 of 2018;
L.N. 226 of 2019;
L.N. 459 of 2021;
L.N. 175 of 2022;
L.N. 195 of 2022;
L.N. 260 of 2022;
L.N. 39 of 2023;
L.N. 285 of 2023;
L.N. 204 of 2024;
L.N. 111 of 2025;
L.N. 138 of 2025;
L.N. 7 of 2026.
FORT CHAMBRAY
Fort Chambray in the limits of Għajnsielem in the Island of Gozo, consisting
of immovable property which is defined as the "Emphyteutical Land" in the deed in the
records of Notary Public Dr. Vincent Miceli dated 24th January 2005, as delineated in
red on a plan indicated as "Property Division number two hundred and fifty-four
underscore two thousand and four" attached as document marked "X" to the said deed.
2.
PORTOMASO DEVELOPMENT
Portomaso Development situated on a plot of land at Spinola, St. Julians,
Malta, shown outlined in blue in a plan marked as Document B annexed to a deed in
the records of the Assistant Notary to Government, Doctor Anthony Attard, by Deed
No. 83 dated 19th May, 1964.
3.
COTTONERA DEVELOPMENT
Cottonera Development consists of the immovable property, as per Plans LD
23/99, LD 23A/99; LD 23B/99; LD 24/99; LD 24A/99; LD 24B/99 and LD 24C/99
marked as Documents "X", "Y", "F", "W", "P", "O" and "K" respectively annexed to
a deed in the records of Notary Doctor of Laws Vincent Miceli by Deed No. 100 of
the 2nd June, 1999.
4.
MANOEL ISLAND/TIGNÈ POINT
Manoel Island/Tignè Point in the limits of Gżira and Sliema in the Island of
Malta, as per plans Property Drawing number fifty four stroke two thousand (PD 54/
2000) and Property Drawing number fifty five stroke two thousand (PD 55/2000) in
respect of lands at Manoel Island/Tignè Point respectively marked "X" and "Y"
respectively enrolled in the records of Notary Public in the Lands Department
Vincent Miceli of the 3rd March, of the year two thousand (2000).
5.
TAS-SELLUM RESIDENCE (MELLIE}A PROJECT)
Tas-Sellum Residence (Mellie]a Project) consisting of the immovable
property as per Plan marked as Document "X" annexed to a deed in the records of
Notary Doctor of Laws Sandra Bugeja by Deed No. 246 of the twenty-ninth (29 th)
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CAP. 246.] IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS)
September of the year two thousand and four (2004).
6.
MADLIENA VILLAGE COMPLEX
7.
SMARTCITY
8.
FORT CAMBRIDGE ZONE, TIGNÈ
9.
TA’ MONITA RESIDENCE, MARSASCALA
10.
PENDER PLACE and MERCURY HOUSE site
11.
KEMPINSKI RESIDENCES, SAN LAWRENZ, GOZO
12.
METROPOLIS PLAZA, GŻIRA
13.
PORTOMASO EXTENSION I, ST JULIANS
14. PENDER PLACE and MERCURY HOUSE site, Extensions I, II, III, IV and
V, St Julians
15.
Vista Point, Marsalforn, Gozo
16.
Quad Business Towers, Mrieħel
17.
Southridge, Mellieħa
18.
Mistra Heights
19.
Quad Business Towers, Mrieħel, Extension I
20.
Verdala Terraces
21.
Pender Place and Mercury House Zone, Extension VI, St. Julian’s
22.
Portomaso Extension II, St Julians
23.
Tarġa Square
24.
The ORA Residences
25.
Scirocco Heights Residences
26.
Trident Park, Mrieħel
27.
Eden Place, St Julians
Added by:
IX. 2003.44.
Amended by:
III. 2004.86;
L.N. 411 of 2007;
XXII. 2011.5.
SECOND SCHEDULE
Conditions, restrictions, limitations and qualifications
for the grant of a permit under article 6
1.
Any non-resident person wishing to acquire immovable property in terms of
article 6 of the Act shall submit a form as shown on Annex A or B hereto duly
completed and containing such particulars and accompanied by such documents, as
are prescribed in the said form.
2.
The Minister may refuse to issue a permit to a person who is not of good
conduct.
3.
In issuing a permit in terms of article 6 of the Act, the Minister shall impose
the following conditions:
IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.
A.
11
In the case of a dwelling house:
(i)
that the immovable property is solely used as a residence by the
applicant and his family and for no other purpose;
(ii) that the acquisition is to be effected within six months from the
date of issue of the permit, saving the granting of any extension as
may be applied for;
(iii) that within three months from publication of the deed of
acquisition, a certified copy of such deed must reach the office of
the Commissioner for Revenue; and
(iv) that the immovable property may not be sold in part, or otherwise
converted into more than one dwelling house.
B.
In the case of a garage or other adjoining property:
(i)
that the immovable property is used solely as a garage by the
applicant and his family or as an extension to be integrated with
the applicant’s existing dwelling;
(ii) that the acquisition is to be effected within six months from the
date of issue of the permit, saving the granting of any extension as
may be applied for;
(iii) that within three months from publication of the deed of
acquisition, a certified copy of such deed must reach the office of
the Commissioner for Revenue; and
(iv) that the immovable property covered by this permit may not be
sold or otherwise disposed of separately but only together with
the applicant’s original dwelling house.
C.
In the case of a plot of land:
(i)
that the applicant is to develop the plot into one complete single
residence ready for occupation within a period of two years from
the date of issue of this permit;
(ii) that the immovable property is eventually to be used solely as a
residence by the applicant and his family and for no other
purpose;
(iii) that the acquisition is to be effected within six months from the
date of issue of the permit, saving the granting of any extension as
may be applied for; and
(iv) that within three months from publication of the deed of
acquisition, a certified copy of such deed must reach the office of
the Commissioner for Revenue.
4.
The fees payable shall be €232 for each permit, or such fees as may, from
time to time, be prescribed by Order of the Minister.
ANNEX A
APPLICATION TO THE MINISTER RESPONSIBLE FOR FINANCE BY A BODY
OF PERSONS TO ACQUIRE IMMOVABLE PROPERTY IN MALTA IN TERMS
OF THE IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT
(CAP. 246)
PART I
A.
Particulars of applicant falling under paragraph (c) of the definition of "non-
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CAP. 246.] IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS)
resident person" in article 2 of the Immovable Property (Acquisition by NonResidents) Act, Cap. 246, (hereinafter referred to as the Act).
1.
Name of body, association, authority etc. or other entity which is making the
application: ..............................................................................................................
.................................................................................................................................
2.
Whether corporate or not: ............................................................................
3.
Where or under the laws of which country is it constituted, formed,
established, incorporated or registered: (a certified copy of any relevant deed of
constitution or incorporation is to be attached) ..........................................................
4. Whether it has its principal place of residence or of business outside Malta: ......
.................................................................................................................................
5.
(a) A list of all shareholders showing the number of shares held by each, the
citizenship of each shareholder and the place of residence; and .................................
.................................................................................................................................
(b) Where the shareholder is a body, association, authority etc., all the
particulars relating to it as at (a) above: ....................................................................
.................................................................................................................................
(A separate list may be attached to the application duly signed and dated by
applicant, and a note to this effect made in the above space).
6.
Whether it is in any manner directly or indirectly controlled by one or more
non-resident persons as defined by the Act: ..............................................................
.................................................................................................................................
(Full particulars are to be given as necessary)
B.
Particulars of immovable property to be acquired by non-residents.
1.
Detailed description of immovable property including the type of property,
the locality and other particulars necessary to identify it and the area of the property
in square metres: ......................................................................................................
.................................................................................................................................
.................................................................................................................................
2.
Price or other consideration being paid: .......................................................
3.
If for development, details of cost of works and estimated period for
completion of same: .................................................................................................
4.
Under what title is the immovable property to be acquired: ...........................
(Applicant is to submit a copy of the preliminary agreement and other
related documents in connection with the acquisition of the property).
5.
Purpose for which the immovable property is to be acquired: .......................
6. Source of funds for acquisition of immovable property: .....................................
7. Any other particulars: .......................................................................................
.................................................................................................................................
C.
Particulars of person from whom immovable property is being acquired.
1.
Name: ..........................................................................................................
2.
Address: ......................................................................................................
.................................................................................................................................
D.
Details of any immovable property in Malta already held or owned by
IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.
13
applicant under any title whatsoever: ........................................................................
.................................................................................................................................
.................................................................................................................................
I hereby declare that the above particulars are true and correct and that the
immovable property is intended to be used for the purpose above mentioned.
Date .................................
Signature of Applicant ...................................
NOTE: Applicant is warned that any information given in the application material
to the granting of a permit by the Minister which is incorrect or misleading would
amongst other things as contemplated in the Act render any pertinent deed or act null
and void.
PART II
For official use only.
ANNEX B
APPLICATION TO THE MINISTER RESPONSIBLE FOR FINANCE BY AN
INDIVIDUAL TO ACQUIRE IMMOVABLE PROPERTY IN MALTA IN TERMS
OF THE IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT
(CAP. 246)
PART I
A.
Particulars of applicant:
1.
Name and surname: .....................................................................................
2.
Place and Date of Birth: ...............................................................................
3.
Parents’ names including mother’s maiden surname: ....................................
.................................................................................................................................
4.
Profession or trade: ......................................................................................
5.
Citizenship: .................................................................................................
6.
Place of residence: (full address) ..................................................................
.................................................................................................................................
.................................................................................................................................
7.
Mailing address if different from above: ......................................................
.................................................................................................................................
Two passport size photos of the applicant and a photocopy of the applicant’s
passport showing the personal details are to be attached to this application.
B.
Particulars of immovable property to be acquired by non-resident
1.
Detailed description of immovable property (i) type of property, the locality,
boundaries (where necessary) and other particulars needed to identify it and (ii) size
14
CAP. 246.] IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS)
of the property giving overall area of land in square metres, details of buildings, and
all other appurtenances, (iii) whether or not property is of historical importance or
situated in a historical area: ......................................................................................
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
.................................................................................................................................
2.
Price or other consideration being paid: .......................................................
3.
If for development, details of cost of works and estimated period for
completion of same: .................................................................................................
.................................................................................................................................
4.
Under what title is the immovable property to be acquired: ...........................
(Applicant is to submit a copy of the preliminary agreement and of any documents
in connection with the acquisition of the property).
5.
Purpose for which the immovable property is to be acquired: .......................
6.
Source of funds for acquisition of immovable property: ................................
7.
Any other particulars: ..................................................................................
C.
Particulars of person or body of persons from whom immovable property is
being acquired:
1.
Name: ..........................................................................................................
2.
Address: ......................................................................................................
.................................................................................................................................
3.
Citizenship or in case of body of persons, whether "resident" in terms of the
Act …………............................................................................................................
D.
Particulars of immovable property already owned or held:
1.
Details of any immovable property in Malta already owned or held under
any title whatsoever by applicant: .............................................................................
.................................................................................................................................
2.
Details of any immovable property in Malta already owned or held under
any title whatsoever by applicant’s family: ...............................................................
.................................................................................................................................
3.
Details of any immovable property in Malta disposed of by applicant or any
member of his family during the last 10 years: ..........................................................
.................................................................................................................................
I hereby declare that the particulars are true and correct.
Date .................................
Signature of Applicant/Attorney .......................................
NOTE: Applicant is warned that any information given in the application material
to the granting of a permit by the Minister which is incorrect or misleading would
amongst other things as contemplated in the Act render any pertinent deed, will or
act null and void.
PART II
IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.
For official use only.
15
AI explanation based on the official legal text. Indicative, not a substitute for legal advice.