EU Citizen (incl Maltese Citizens)

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.

Any period totaling less than 90 days in a calendar year during which the individual was not in Malta is ignored.

Primary residence

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 may only purchase their primary residence or any immovable property required for their business activities or supply of services without the necessity of obtaining a permit under Chapter 246 of the Laws of Malta.   

Secondary residence

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.

If an EU citizen takes up residency under the "Permanent Residency" (PR) scheme, then it is subject to minimum limits. Permanent Residency is explained in the following Tab there is also a link to the relevant conditions at the bottom of this page.

Non EU Citizens

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.

Exemptions

• There are defined zones in Mata, referred to as special designated areas, where there are absolutely no restrictions to acquisition, including non-EU citizens. 
• There is also no restriction on acquisition through inheritance and there are also several other special exemptions. Different rules apply to the acquisition by bodies of persons.

 Details are listed under a separate tab.

Exceptions

Individuals who are not citizens of a European Member State may not acquire any immovable property unless they are granted a permit. However there are certain exceptions to this general rule:

• The acquisition of a grave, or a site for a grave.
• The redemption of any ground-rent or other burden encumbering any immovable property lawfully acquired by the non-resident person.
• Immovable property devolving as a result of death, 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 Chapter 246.
• 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 the immovable property.
• The transfer of immovable property in an inheritance between co-heirs.
• The partitioning of immovable property between co-owners.
• The acquisition of immovable property by a company or other commercial partnership, not being a non-resident person, from one or more of its members holding over 50% interest in, or of, its share capital.
• 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 Chapter 246, where applicable.  

There are some areas exempt from the permit system, called "special designated areas", where there are no restrictions on the value or the quantity of properties a foreigner can buy, including non-EU citizens. These areas are:

Malta	Gozo
Portomaso, St. Julian’s Cottonera Development, Cottonera Manoel Island / Tigne Point, Tigne/ Gzira Tas-Sellum Residence, Mellieha Madliena Village Complex Smartcity Fort Cambridge Zone, Tignè Ta’ Monita Residence, Marsascala Pender Place and Mercury House Site Metropolis Plaza, Gzira	Fort Chambray, Ghajnsielem Kempinski Residences, San Lawrenz

Who should apply?

Permanent Residency (PR) is not about being permanently resident in Malta, and its not the opposite of non-residency. You don't even need to make Malta your primary residence if you take PR. PR is mainly about tax, and in general terms you can't work in Malta if you have PR. Being PR means a flat rate 15% tax on income derived in or brought into Malta (with a minimum tax bill of € 4,193 per annum). Its not suitable for most EU citizens. 

The website answers the following questions 

• Who may apply for the scheme? 
• What are the conditions for eligibility? 
• Are there any other conditions that should be satisfied? 
• How can an individual apply? 
• How long does the processing of the applications take? 
• Do I have to fill in any tax documents? 
• Where can I get more information on this scheme? 

Additional expenses associated with the acquisition of property

Estate agency brokerage fees are settled by the Vendor. Typically the following expenses will be borne by the Purchaser of the Immovable Property: 

Application for Immovable Property Permit

The permit will be issued usually within 6 weeks, under the following terms and conditions:

Use the link below to download the relevant forms 

Acquisition by Bodies of Persons

Any body or other association of persons, and any authority, institution, organisation, fund, firm and any other entity whatsoever, whether corporate or not, is considered as a resident if:

• It is constituted, formed, established, incorporated or registered in, or under the laws of a European Member State; and
• It has its registered address, principal place of residence or of business in a Member State; and
• At least 75% of its share or other capital is owned by a resident person or is registered in the name of a trustee for the benefit of a resident person; and
• It is in any manner and whether directly or indirectly controlled by one or more resident persons;

For a trust to be considered as a resident of Malta the trustee has to be a Maltese resident and all the beneficiaries of the trust have to be determined resident persons. In the case of a discretionary trust, the power of appointment or any discretion must be exercised in favour of resident persons.

A body of persons, other than a commercial partnership, established in and operating from a European Union Member State may freely acquire immovable property that is required for the purpose for which it has been set up as long as it is directly controlled by citizens of a European Union Member State who have resided in Malta continuously for 5 years.

A commercial partnership established in and operating from a European Union member state may freely acquire immovable property that is required for the purpose for which it has been set up and at least 75% of its share capital is held by a person who is a European Member State citizen.

Any other body of persons will require a permit which is only granted if the property is required for an industrial or touristic project or as a contributor to the development of the economy of Malta.