Chapter 246
In short
This law, called the Immovable Property (Acquisition by Non-Residents) Act, generally prohibits non-residents from acquiring immovable property in Malta. It outlines specific exceptions and conditions under which such acquisition may be permitted.
What it regulates
- The acquisition of immovable property in Malta by non-resident persons.
- The conditions under which non-residents may be granted a permit to acquire property.
- The validity of deeds and transfers of immovable property to non-residents.
- Penalties for notaries who fail to comply with certain declarations regarding property transfers.
Who it concerns
- Any individual who is not a citizen of Malta or another Member State, excluding certain long-term residents.
- Citizens of Malta or another Member State who have not been resident in Malta for a continuous period of five years.
- Bodies, associations, or entities constituted outside Malta or another Member State, or controlled by non-resident persons.
- Notaries involved in property transfers.
Key points
- A non-resident person generally cannot acquire immovable property in Malta, and any such transfer is null and void.
- Residents of Malta may acquire immovable property without a permit.
- Citizens of Malta or another Member State who are not residents of Malta may acquire immovable property for secondary residence purposes without a permit, excluding property for primary residence or business activities.
- The Minister may grant a permit to a non-resident person to acquire immovable property if it's in the public interest or for approved industrial/touristic projects.
- For individuals who are not residents of Malta, a permit may be granted for a building intended as a residence, provided its value is not less than eighteen thousand and five hundred euro (18,500) and they own no other immovable property in Malta (with some exceptions).
Legal text
IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) 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
- The short title of this Act is the Immovable Property (Acquisition by Non-Residents) Act.
- 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.
- "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; "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
- 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. 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; (
- 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
- 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. Persons who may acquire immovable property without a permit. Added by: IX. 2003.39. Amended by: III. 2004.83.
- 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.
- 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. 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.
- 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.
- 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
- 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.
- 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. 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) FIRST SCHEDULE List of scheduled zones in terms of article 2 1. 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
- 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- 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) 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 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) For official use only.