The Deed of Sale of Land is a crucial legal document in Malta's property transfer system, representing the final and binding agreement in a property transaction. It is typically preceded by a preliminary agreement (konvenju) and requires execution before a Notary Public. This deed is essential for any transaction involving the transfer of immovable property in Malta, whether for residential, commercial, or industrial purposes. The document must comply with strict requirements under Maltese law, including detailed property descriptions, tax declarations, and various warranties. It serves multiple purposes: transferring legal title, recording the transaction for public record, establishing rights and obligations of parties, and ensuring compliance with local regulations. The deed becomes part of the public record through registration with the Public Registry and Land Registry, providing security of title for the purchaser.
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1. Parties: Full identification of the Vendor(s) and Purchaser(s) including ID numbers, residence, and marital status as required by Maltese law
2. Background: History of ownership, reference to promise of sale agreement (konvenju) if applicable, and any relevant property history
3. Definitions: Definitions of key terms used throughout the deed
4. Property Description: Detailed description of the immovable property including boundaries, measurements, and reference to land registry plans
5. Title and Origin: Declaration of vendor's title to the property and how it was acquired
6. Consideration: Purchase price, payment terms, and confirmation of payments made
7. Transfer: The operative clause transferring ownership from vendor to purchaser
8. Vendor Warranties: Warranties regarding title, encumbrances, planning permits, and property condition
9. Possession and Risk: Confirmation of when possession is transferred and assumption of risk
10. Tax Declarations: Declarations regarding capital gains tax, duty on documents, and other applicable taxes
11. Notarial Declarations: Standard declarations required by Maltese notarial law
12. Execution: Formal execution clause and notarial closing statements
1. Third Party Rights: Required when there are existing tenants, rights of way, or other third-party interests affecting the property
2. Planning Permits: Detailed section on planning permits when the property involves recent construction or pending applications
3. AIP Permit: Required when purchaser is a non-resident requiring Acquisition of Immovable Property permit
4. Bank Finance: Required when purchase is being financed through a bank loan, including hypothec details
5. Environmental Matters: Required for properties in environmental protection zones or with specific environmental obligations
6. Service Rights: Required when there are specific arrangements for utilities or shared services
7. Conditions Precedent: Used when completion is subject to fulfillment of specific conditions
1. Property Plans: Official site plans, floor plans, and land registry survey plans
2. Title Documents: Copies of relevant previous deeds and documents proving title
3. Planning Permits: Copies of relevant MEPA/Planning Authority permits and compliance certificates
4. Energy Performance Certificate: Current EPC as required by law
5. Inventory: List of included movable items if applicable
6. Ground Rent Calculation: Required if property is subject to ground rent
7. Tax Clearance Certificates: Certificates showing settlement of applicable taxes
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