Key facts
- Appointed by
- The buyer, by custom
- Typical fee
- About 2% of the price, plus searches
- Collects
- Stamp duty and the seller’s transfer tax
- Does not do
- Structural or permit checks — that is the architect
A notary in Malta is a public officer who drafts and publishes deeds, so every property sale passes through one. By custom, the buyer appoints and pays the notary.
What the notary does
- Drafts the promise of sale (konvenju) and registers it with the tax authorities, collecting the 1% provisional stamp duty.
- Researches the title — confirming the seller owns the property and can sell it, and checking for hypothecs, privileges and other burdens registered against it.
- Prepares the final deed and arranges the signing.
- Collects the taxes — the balance of the buyer’s stamp duty and the seller’s property transfer tax — and pays them over.
- Registers the deed in the Public Registry and, where applicable, the Land Registry, and gives you a copy.
What the notary does not do
- Inspect the property. Structure, defects and whether the building matches its permits are checked by your architect. See structural surveys.
- Negotiate for you. The notary must be impartial.
- Advise on tax planning beyond the deed — for that, see a tax adviser.
Fees
Budget about 2% of the price for the notary, plus searches and registration. Get a written cost sheet before the konvenju. Our costs of buying guide has a worked example.
Buying from abroad
You do not need to be in Malta to sign. The notary can prepare a power of attorney so that someone signs on your behalf; signed abroad, it may need to be legalised or apostilled.
