|
Citizens
of all European Union member states, including therefore Maltese Citizens,
who have resided in Malta continuously for a minimum period of five years
at any time preceding the date of acquisition may freely acquire immovable
property 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 will not
require a permit under Chapter 246 of the Laws of Malta when purchasing
their primary residence or immovable property required for their business
activities or supply of services.
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
Mata, referred to as Special Designated Areas (SDA), where there are
absolutely no restrictions to acquisition. Thus, individuals may purchase
their second property in an SDA without the need to apply for a permit
under Chapter 246 of the Laws of Malta.
There is also no restriction
on acquisition through inheritance and there are also several other special
exemptions available to individuals. Different rules apply to the
acquisition by bodies of persons.
Acquisitions by Individuals
The table below summaries several
types of immovable property acquisitions that may arise and an individual’s
respective AIP permit requirements under Chapter 246 of the Laws of
Malta.
|
Immovable Property
|
Maltese
and EU Citizens
|
Others
|
|
Continuous
residence in Malta
|
|
<
5 years
|
>
5 years
|
|
Primary Residence1
|
✓ #
|
✓ #
|
+*
|
|
Secondary Residence or any
other2
|
+*
|
✓ #
|
Prior
authorisation is required*
|
|
Causa Mortis devolutions
|
+
|
+
|
+
|
|
Grave or site
|
+
|
+
|
+
|
|
Redemption of ground rent
|
+
|
+
|
+
|
|
Property in a SDA
|
+
∞
|
+ ∞
|
+
∞
|
|
Divided or undivided share
in immovable property where person had previously acquired a share in
such immovable property in accordance with the provision of this Act
|
+
∞
|
+
∞
|
+
∞
|
|
Transfer in an inheritance
between co-heirs
|
+ ∞
|
+ ∞
|
+
∞
|
|
Partition between
co-owners
|
+
∞
|
+
∞
|
+ ∞
|
|
Donation to a spouse,
descendant or an ascendant in the direct line and their relative spouses
- in the absence of descendants to a brother or sister and their
descendants
|
+ ∞
|
+
∞
|
+
∞
|
|
Required for the person's
business activities or supply of services by such person
|
+
∞
|
+
∞
|
No
permit granted unless required for an industrial or touristic project or
as a contributor to the development of the economy of Malta
|
Key:
✓ = No restrictions
+ = No prior authorisation is
required
∞ = No limit
# = No need to apply
Notes
* : A permit will not be granted if applicant has already acquired
immovable property in Malta; other conditions also apply.
1 : This presupposes a change of ordinary residence if the purchaser is not
already a resident of Malta.
2 : This would typically include holiday homes where there is no change of
ordinary residence.
|