The Role of the Notary in Malta Property Transactions

The Notary's Central Role

In Malta, the notary (nutar) plays a role that combines functions handled by solicitors, conveyancers, and title companies in other countries. They are the central figure in every property transaction — neither the buyer nor the seller can complete a purchase without one.

The notary is a public officer, meaning they have a legal obligation to be impartial. While they're typically appointed (and paid) by the buyer, they must protect both parties' interests and ensure the transaction is legally sound.

What the Notary Does

Before the Konvenju

• Initial consultation — discusses the transaction, explains the process, and advises on any legal issues
• Drafts the konvenju (promise of sale agreement) — the binding preliminary contract between buyer and seller
• Negotiates terms — works with both parties to agree on conditions, deposit, timeline

During the Konvenju Period

This is where the notary does their most critical work:

Title Search (Ricerka)

The notary traces the ownership of the property back at least 30 years by examining records at the Public Registry. They check every transfer, inheritance, donation, and court case to confirm the seller has clear, undisputed title.

This is painstaking work. Malta's Public Registry maintains handwritten records going back centuries, and tracing ownership through multiple generations of a Maltese family can be complex.

Encumbrance Check

Are there any mortgages (ipoteki), hypothecs, or financial charges registered against the property? Any debts or liens that could affect the new owner?

Planning and Building Search

The notary checks with the Planning Authority (PA) to verify that the property was built with proper permits and that no enforcement notices are pending. Unpermitted construction is surprisingly common in Malta, and buying a property with illegal structures can create problems down the line.

Ground Rent (Emphyteusis) Check

Is the property subject to ground rent? If so, what are the terms, who is the ground landlord, and is redemption to freehold possible?

Tax Clearance

Confirms the seller's tax position is clear and that there are no outstanding tax claims against the property.

Court Case Search

Checks the courts for any pending litigation involving the property or the seller that could affect the transaction.

At the Final Deed

• Drafts the final deed (kuntratt tal-bejgh or att finali) — the document that transfers ownership
• Reads the deed to both parties — this is a formal requirement and can take 30-60 minutes
• Witnesses the signing by both parties
• Collects stamp duty — the notary is responsible for collecting the 5% stamp duty and remitting it to the Commissioner of Revenue
• Registers the transfer with the Public Registry — making the buyer the legal owner

After Completion

• Files the deed with the Notarial Archives — all notarial deeds in Malta are preserved in perpetuity
• Provides certified copies to both parties and to the bank (if there's a mortgage)

How to Choose a Notary

Who Chooses?

Traditionally, the buyer chooses the notary (since the buyer pays the fees). However, in practice, the seller sometimes suggests a notary, or the estate agent may recommend one. You are never obliged to use someone else's choice — it's your right to appoint your own notary.

What to Look For

• Experience with property transactions — not all notaries specialise in property. Choose one who does this regularly
• Responsiveness — property transactions are time-sensitive. Your notary should respond to queries promptly
• Clear fee structure — ask for a written quote upfront, including all disbursements
• Language — if you're not comfortable in Maltese, ensure the notary is fluent in English
• Reputation — ask for recommendations from friends, colleagues, or your estate agent. Check online reviews
• Workload — some popular notaries are overloaded, which can cause delays. Ask about their current timeline

Red Flags

• Unwilling to provide a fee estimate upfront
• Difficult to reach or slow to respond
• Pressuring you to skip due diligence steps
• Acting as agent for both buyer and seller in the same transaction without disclosure

Notary Fees

Notary fees in Malta are loosely regulated and typically range from 1% to 2.5% of the purchase price, with a practical minimum of around €1,500-€2,000.

Typical fee examples:

• €200,000 property: €3,000-€5,000
• €300,000 property: €4,000-€6,000
• €500,000 property: €5,000-€8,000
• €1,000,000 property: €8,000-€15,000

These fees cover the konvenju, all searches, and the final deed. Some notaries charge separately for:

• Disbursements (registry search fees, certificates): €200-€500
• Bank-related work (if there's a mortgage): €300-€500 additional
• AIP permit application (for foreign buyers): €200-€500

Fee negotiation is acceptable, especially for higher-value properties. Most notaries will agree to a fixed fee upfront.

Notary vs Lawyer

In Malta, the notary's role is distinct from a lawyer's (avukat). Key differences:

• Notary: Prepares and authenticates legal documents, conducts property searches, files deeds. A public officer with impartiality obligations
• Lawyer: Provides legal advice, represents you in disputes, negotiates terms. Acts solely in your interest

For a standard property purchase, a notary is sufficient. You might also want a lawyer if:

• The transaction is complex (commercial property, multiple parties, development deals)
• There are disputes or complications with the seller
• You need independent legal advice separate from the notary's impartial role
• You're buying from a developer and want someone to review the contract solely from your perspective

Common Questions

Can I use the seller's notary?

Legally, yes. Practically, it's better to have your own. The notary's duty is to both parties, but human nature means they may have closer ties to a regular client (the seller or agent who sends them repeat business) than to a one-time buyer.

Can I change notary mid-transaction?

Yes, though it's unusual and may cause delays. If you're unhappy with your notary's service, raise it with them first. If the issue can't be resolved, you can transfer the file to another notary.

How long do searches take?

Typically 6-12 weeks for a standard property. More complex properties (older buildings, multiple past owners, ground rent issues) can take longer. This is why the konvenju period is usually 3 months.

What if the searches reveal a problem?

The notary will advise you. Options depend on the problem: the seller may fix it, the purchase price may be renegotiated, or you may withdraw under the conditions of the konvenju and recover your deposit.