Buyer's due diligence checklist for Malta
Checks before the promise of sale and the final deed
The documents and checks a buyer should get before signing the promise of sale, and those the notary completes before the final deed: seller and title, registry searches, permits, energy certificate, condominium, ground rent, AIP permit and taxes.
Start before you sign the promise of sale. Some checks, such as the permits, the AIP permit and the condition of the building, must be done or made conditions in the promise, because after signature a failed check can cost you the deposit. The notary carries out the registry searches during the validity of the promise and must finish them before the final deed.
Reviewed October 28, 2026. Not legal advice. Have a notary or lawyer check your case before you sign.
Key facts
- Applies to
- Malta and Gozo
- Promise of sale notice
- Within 21 days of signature, by a notary or advocate (S.L. 364.06, rule 10).
- Final deed
- Public deed before a notary, or the sale is null (Civil Code, art. 1363(1)).
- Duty on the deed
- The notary pays it within 15 working days (S.L. 364.06, rule 2(1)).
- Registration of the deed
- The notary registers the deed in the Public Registry, and in the Land Registry where applicable (Notarial Council).
- Energy performance certificate
- Valid 10 years. Handed to the buyer before the promise of sale (BCA).
- AIP permit, non-EU buyer
- Needed by a non-EU citizen without long-term resident status (Cap. 246, art. 2 to 5).
- AIP permit, EU buyer
- Needed only for a secondary residence, by an EU citizen with less than 5 years' continuous residence (Cap. 246, art. 2 to 5).
- AIP permit exemption
- No permit is needed in a special designated area (Cap. 246, art. 2 to 5).
- Seller abroad or non-Maltese
- The notary must obtain a tax clearance before the final deed (Notarial Council).
The checklist
Seller and title
Seller's identity card or passport, for every owner
Every owner must sign the promise and the deed. If the property was bought during marriage, both spouses must be parties.
Copy of the seller's titleKuntratt tax-xiri, or deed of declaration causa mortis
For a company seller, the memorandum and articles or a board resolution
They show who may sign for the company.
Power of attorney, if a seller will not appear in person
Tax clearance for a seller who is not Maltese or not resident in Malta
Registry searches
Public Registry searches against the seller and previous ownersRiċerki fir-Reġistru Pubbliku
Land Registry search, and a plan on Land Registry stationery
Bank letter to cancel the seller's hypothec
Succession duty permit, for a property inherited before 24 November 1992
The notary needs it unless 20 years have passed since the death.
Planning and building
Block plan and development permit numbers for the property
Planning Authority case search for the address
It shows permits, pending applications and enforcement cases on the site.
Compliance certificate, where one was issued
Compliance certificate for new water or electricity services
Architect's survey of the condition of the buildingPerit
It finds structural defects, damp and works that need a permit before you commit to the price.
Energy, utilities and charges
Energy performance certificate (EPC)
Last water and electricity bills and meter readings
Ground rent deed and last receipt, if the property is subject to ground rentĊens
It shows the amount, whether the ground rent is perpetual or temporary, and whether it can be redeemed.
Condominium statement from the administrator, for a flat or maisonette
It shows the seller's share of common expenses, arrears and any decided works such as roof or facade repairs.
Buyer's status, loan and taxes
Check whether you need an AIP permit. None is needed in a special designated area.Acquisition of Immovable Property permit
Bank sanction letter and insurance policies
Duty calculation and reliefs. A first-time buyer pays no duty on the first EUR 200,000 if the conditions are met.
Estate agent's licence. Check it before you pay a commission.
Formalities
In Malta the buyer's notary runs the Public Registry and Land Registry searches, and the buyer's architect checks the permits. Use this list to ask for each item and check it was done.
- No form applies. Ask the seller or the agent for the documents in writing.
- Instruct a notary of your choice early. The notary must notify the promise within 21 days and needs the seller's title deed for the searches.
- Instruct an architect (perit) for the permit and condition checks.
Common mistakes
- Signing the promise of sale before your architect has checked the permits. An illegal extension or a missing permit can block the loan or the sale.
- Relying on the seller's word about burdens. Only the notary's searches show hypothecs, privileges and other registered burdens.
- Missing a co-owner. If the seller bought during marriage, both spouses must appear on the deed.
- Ignoring ground rent. A property held on temporary emphyteusis returns to the owner when the term ends. Ask for the ground rent deed and its expiry date.
- Forgetting condominium contributions. Ask the administrator for a written statement that the seller's share is paid.
- Buying as a non-resident without checking Cap. 246. An acquisition that needs a permit and has none is null.
- Under-declaring the price. Duty is due on the higher of price and market value, and a gap above 15% brings an assessment with a penalty.
Legal basis
- Civil Code (Cap. 16), art. 1233(1)(a) and art. 1357 (promise of sale), art. 1363(1) (public deed)
- Duty on Documents and Transfers Act (Cap. 364), art. 3(6) and art. 32
- Duty on Documents and Transfers Rules (S.L. 364.06), rule 2(1) (payment of duty within 15 working days) and rule 10 (notice of the promise)
- Immovable Property (Acquisition by Non-Residents) Act (Cap. 246), art. 2 to 5
- Land Registration Act (Cap. 296)