Appointment and Independence
A Maltese notary is appointed for life by the President of Malta after passing the rigorous warrant exam. This guarantees a high level of professional competence and ethical accountability.
According to Chapter 55 of the Laws of Malta, notaries are public officers charged with receiving acts inter vivos and wills, and attributing public faith to them. They are responsible for the custody of these documents and for issuing certified copies. Crucially, the notary must remain independent and impartial, acting as a neutral facilitator rather than an advocate. This is a fundamental difference from the lawyer’s role, which is to represent a single client.
The notary’s work includes conducting property searches, vetting title deeds, drafting contracts, liaising with clients and authorities, taking oaths, and handling wills. All these duties are performed under the oversight of the Notarial Tribunal and the Notarial Council, and the recently enacted Notarial Code of Ethics further strengthens professional standards.
The Promise of Sale (Convenium)
The first major step in any property transaction is the Promise of Sale (Convenium). This private agreement sets out the terms under which the buyer agrees to purchase and the seller agrees to sell. The notary drafts this document after conducting preliminary checks on the property’s title and legal status.
Drafting the Promise of Sale
Preparation is the key to a successful signing. The notary works closely with the real estate agent and the parties to ensure all details are accurately reflected. The promise of sale remains confidential – its contents cannot be disclosed to third parties without explicit authorisation from the parties involved. During drafting, the notary will also collect copies of ID cards, the promise of sale itself, and the required customer due diligence forms as part of anti-money laundering procedures.
Real estate agents should provide the notary with their company registration number and the applicable VAT amount so these can be included in the document. The notary can then give updates on the file’s progress after the promise of sale is signed.
Key Details in the Promise of Sale
| Element | Significance |
|---|---|
| Date & Validity | Determines the term of the promise – crucial for timing of the final deed. |
| Details of Parties | Vendors and purchasers must be correctly identified; power of attorney or board resolution needed if representing others. |
| Description of Property | Taken from the vendor’s acquisition deed; the notary verifies this against official searches. |
| Conditions | Price, deposit, bank loan clause, vacant possession, structural permits, tax permits, and warranty of peaceful possession. |
Other conditions may include approval from authorities (court, housing, lands) and the state of the building block. The deposit is typically held in the notary’s clients account, which is kept strictly separate from other personal accounts.
The Final Deed
After the promise of sale, the notary registers the agreement with the Commissioner for Inland Revenue and submits the provisional tax cheque. Then, mandatory searches are conducted, an architect may be appointed by the clients, and bank loan procedures begin. Sometimes deeds like donations, causa mortis transfers, or redemptions of ground rent need to be published before the final deed can be signed.
Parties often request to see a draft of the final deed beforehand. The signing may take place at the bank or another authority if required. The notary ensures all attachments – tax records, agency fee receipts, and building permits – are in order.
Once signed, the notary enrolls the deed at the Public Registry, registers it with the Land Registry, handles any ground rent recognition, and sends legal copies to the parties. The final deed is also deposited in the Notarial Archives, and the notary updates the Notarial Register.
AML and KYC Compliance for Notaries
Malta’s notaries are fully subject to anti-money laundering (AML) and know-your-customer (KYC) obligations. They must conduct customer due diligence before any promise of sale is signed, including verifying the identity of all parties and the source of funds. These procedures align with EU directives and the Maltese Prevention of Money Laundering Act. For investors, this means that providing valid identification and proof of funds is a non-negotiable requirement from the very first meeting.
Notarial Fees and Expenses
Notarial fees in Malta are regulated and generally calculated as a percentage of the property’s value. Additional costs include registration duties, stamp duty, and disbursements for searches and copies. It is advisable to request a detailed fee estimate from the notary before engaging their services. For property values over €150,000, the notary’s fee typically ranges between 1% and 2% plus VAT, though this can vary.
How to Choose a Notary
- Check the official registry at www.notariesofmalta.org for contact details and warrants.
- Ask for references from real estate agents or previous investors.
- Ensure the notary has experience with international buyers and knowledge of the Malta Residence Programme.
- Verify that the notary’s office maintains proper AML procedures and a segregated clients account.
Conclusion and Recommendation
The Maltese notary is much more than a document signer – they are the guardian of legal security in every property transaction. From the initial promise of sale to the final registration, the notary’s independent, impartial role protects both buyer and seller. For expats and investors, working with a qualified, responsible notary is the single most important step to a smooth and legally sound property purchase.
If you liked this article, we would appreciate it if you would recommend us to others.
