Transactions
We assist with property acquisitions, divestments, and leases, as well as securing clients’ interests through the registration of hypothecs and other security measures. Title, servitudes, ground rent and undivided shares are the usual sources of difficulty in Maltese conveyancing, and each is far cheaper to investigate before a promise of sale than to argue about afterwards.
Planning and development
We support planning applications and appear before the Planning Authority and the Environment and Planning Review Tribunal. Dr Alec Sladden’s dissertation, "Article 80 of the Development Planning Act: A Critical Analysis", was written on precisely this area of the law.
We also act for third parties objecting to development, including on behalf of local councils, where a proposal affects a locality.
Due diligence before you commit
Maltese property carries features that surprise buyers arriving from other jurisdictions: perpetual and temporary ground rents, undivided shares, servitudes registered and unregistered, and title deriving from long chains of succession. Any of these can affect what a buyer is actually acquiring.
We investigate title, check the planning position of what has been built, and identify what needs to be resolved before the final deed rather than after it. The cost of that work is a fraction of the cost of discovering a defect once the price has been paid.
Security over property
We assist with securing clients’ interests through the registration of hypothecs and privileges, both for lenders and for sellers extending payment terms. We also advise on the release and ranking of existing security, which is frequently the practical obstacle in a transaction that otherwise looks straightforward.
Acting for non-resident buyers
Malta attracts a substantial number of overseas purchasers, and the requirements applying to acquisitions by non-residents are a frequent source of confusion. We advise on those requirements, on the practicalities of completing a purchase from abroad, and on the succession consequences of holding Maltese property, which differ from what many buyers expect.
Where a purchase is made through a company or a trust, or is intended to support a residence application, the structure needs to be settled before the promise of sale rather than adjusted afterwards.
Common questions
- Should I have a promise of sale reviewed before signing?
- Yes. The promise of sale sets the conditions of the eventual contract, including what happens if a condition is not met. Reviewing it beforehand is far less expensive than unwinding it later.
- Can I object to a development near my property?
- In appropriate cases, yes, and there are defined windows in which to do so. We advise on standing, on the strength of the objection, and on appeal to the Environment and Planning Review Tribunal.
- Do you act for buyers based abroad?
- Yes. We regularly act for non-resident purchasers, including on the requirements applying to acquisitions by non-residents.