Required documents for sale of property

Selling a property in Malta involves adhering to a set of legal and procedural requirements designed to ensure transparency and compliance with Maltese property laws. Both sellers and buyers must provide specific documentation to facilitate the transaction, with the assistance of a notary public to oversee the process. Below is a detailed guide on the documents required for the sale of property in Malta.

1. Proof of Identity

The seller must provide valid identification documents to confirm their identity and legal capacity to sell the property. Acceptable forms of identification include a valid passport or an ID card. If the seller is acting on behalf of another party or as part of a company, additional documentation, such as a power of attorney or company resolutions, may be necessary.

2. Title Deeds

The seller must present the original title deeds to prove ownership of the property. These documents establish the seller’s legal right to sell the property and are thoroughly reviewed by the notary. Any missing title deeds must be accounted for to avoid delays or legal complications.

3. Energy Performance Certificate (EPC)

An Energy Performance Certificate is a mandatory requirement for property sales in Malta. The EPC provides information on the energy efficiency of the property and is valid for ten years. This document must be prepared by a licensed energy assessor.

4. Property Plans and Permits

For properties with structural modifications or extensions, the seller must provide planning permits and approved architectural plans. This ensures that all works comply with local regulations. If no changes have been made to the property, the original permits and plans should suffice. A buyer will have the option to consult with an architect of their choice at their expense to see if there are any irregularities with a property and what needs to be remedied or done in order to be compliant.

5. Compliance

Following point 4 above, a compliance certificate may be required that confirms that the property adheres to building regulations and planning laws. This is particularly important if alterations or renovations have been carried out on the property. In some cases new plans may need to be submitted if the existing plans do not correlate with the property’s current/actual dimensions or layout.

6. Tax

A tax clearance certificate from the Commissioner for Revenue is often required to ensure there are no outstanding taxes on the property. This document helps confirm that the seller has settled all relevant tax obligations.

7. Ground Rent Documentation

If the property is subject to ground rent (“emphyteusis”), the seller must provide documentation detailing the terms of the ground rent. This includes proof of payment of any outstanding dues.

8. Recent Utility Bills

Providing recent utility bills (electricity, water, and telephone) can help verify the property’s current status and confirm that no unpaid bills are outstanding.

9. Condominium Documentation (if applicable)

For properties within a condominium, the seller must supply condominium regulations, proof of payments towards common areas and any other relevant condominium documentation.

10. Inventory

In the case where a property is sold as furnished or partly furnished, an inventory needs to be supplied of the items that will form part of the sale of the property and the total value of the items need to be declared.

By ensuring all necessary documents are in order, the process of selling property in Malta can be seamless and legally compliant. Consulting with a qualified notary is strongly recommended to guide you through each step of the transaction. As a seller you can rely on any of our property professional at Frank Salt Real Estate to assist you in getting all the necessary documentation ready for the sale of a property.