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IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

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Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.

CHAPTER 246

IMMOVABLE PROPERTY

(ACQUISITION BY NON-RESIDENTS) ACT

To prohibit the acquisition of immovable property by non-residents.

9th August, 1974

ACT XXXVII of 1974, as amended by Act LVIII of 1974; Legal Notice

148 of 1975; Acts XVI of 1978, IV of 1979, XIII of 1983, I of 1988, IX of

2003, III and XIII of 2004; Legal Notices 156 of 2005, 335 of 2006, 109,

159, 181, 210 and 411 of 2007, 131, 132 and 133 of 2008, and 359 of 2009;

Act XXII of 2011and VIII of 2020; Legal Notices 314 of 2012 and 349 of

2017 181 of 2018, 226 of 2019 , 459 of 2021 , 175 and 195 and 260 of

2022, 39 and 285 of 2023, 204 of 2024 and 111 and 138 of 2025 and 7 of

2026.

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

The short title of this Act is the Immovable Property

(Acquisition by Non-Residents) Act.

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Added by

IX. 2003.44.

List of scheduled zones in terms of article 2

Amended by

L.N. 156 of 2005;

L.N. 335 of 2006;

L.N. 109 of 2007;

L.N. 159 of 2007;

L.N. 181 of 2007;

L.N. 210 of 2007;

L.N. 131 of 2008;

L.N. 132 of 2008;

L.N. 133 of 2008;

L.N. 359 of 2009;

L.N. 314 of 2012;

L.N. 349 of 2017;

L.N. 181 of 2018;

L.N. 226 of 2019;

L.N. 459 of 2021;

L.N. 175 of 2022;

L.N. 195 of 2022;

L.N. 260 of 2022;

L.N. 39 of 2023;

L.N. 285 of 2023;

L.N. 204 of 2024;

L.N. 111 of 2025;

L.N. 138 of 2025;

L.N. 7 of 2026.

1. FORT CHAMBRAY

Fort Chambray in the limits of Għajnsielem in the Island of Gozo, consisting

of immovable property which is defined as the "Emphyteutical Land" in the deed in the

records of Notary Public Dr. Vincent Miceli dated 24th January 2005, as delineated in

red on a plan indicated as "Property Division number two hundred and fifty-four

underscore two thousand and four" attached as document marked "X" to the said deed.

2. PORTOMASO DEVELOPMENT

Portomaso Development situated on a plot of land at Spinola, St. Julians,

Malta, shown outlined in blue in a plan marked as Document B annexed to a deed in

the records of the Assistant Notary to Government, Doctor Anthony Attard, by Deed

No. 83 dated 19th May, 1964.

3. COTTONERA DEVELOPMENT

Cottonera Development consists of the immovable property, as per Plans LD

23/99, LD 23A/99; LD 23B/99; LD 24/99; LD 24A/99; LD 24B/99 and LD 24C/99

marked as Documents "X", "Y", "F", "W", "P", "O" and "K" respectively annexed to

a deed in the records of Notary Doctor of Laws Vincent Miceli by Deed No. 100 of

the 2nd June, 1999.

4. MANOEL ISLAND/TIGNÈ POINT

Manoel Island/Tignè Point in the limits of Gżira and Sliema in the Island of

Malta, as per plans Property Drawing number fifty four stroke two thousand (PD 54/

2000) and Property Drawing number fifty five stroke two thousand (PD 55/2000) in

respect of lands at Manoel Island/Tignè Point respectively marked "X" and "Y"

respectively enrolled in the records of Notary Public in the Lands Department

Vincent Miceli of the 3rd March, of the year two thousand (2000).

5. TAS-SELLUM RESIDENCE (MELLIE}A PROJECT)

Tas-Sellum Residence (Mellie]a Project) consisting of the immovable

property as per Plan marked as Document "X" annexed to a deed in the records of

Notary Doctor of Laws Sandra Bugeja by Deed No. 246 of the twenty-ninth (29 th )

September of the year two thousand and four (2004).

6. MADLIENA VILLAGE COMPLEX

7. SMARTCITY

8. FORT CAMBRIDGE ZONE, TIGNÈ

9. TA’ MONITA RESIDENCE, MARSASCALA

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

In this Act, unless the context otherwise requires -

"building" includes a plot of land and for the purposes of article

6 the projected cost of its development;

"continuous period" shall be calculated by ignoring any periods

totalling less than ninety days in any calendar year during which an

individual is not in Malta provided that such periods do not exceed

ninety days in any given calendar year;

"European Union" means the European Union referred to in the

Treaty;

"Government" means the Government of Malta;

"immovable property" means and includes all things, rights and

actions which are immovable by their nature or by reason of the

object to which they refer in accordance with articles 308 and 310

of the Civil Code;

"Malta" has the same meaning as is assigned to it by article 124

of the Constitution;

"M e m b e r St a t e" m e an s a s t a t e w h i c h i s a m e m b e r o f t h e

European Union;

"Minister" means the Minister responsible for finance, and

except for the purposes of an order made in terms of article 6(1) or

regulations made in virtue of article 8, includes where delegated in

writing by the Minister, and public officer in the Ministry of

Finance so delegated by the Minister;

"non-resident person" means and includes

(a) any individual who is not a citizen of Malta or of

another Member State, excluding third country nationals

holding long-term resident status in terms of the

Immigration Act and subsidiary legislation thereof; or

(b) a citizen of Malta or of another Member State, who has

not been resident in Malta for a minimum continuous

period of five years at any time preceding the date of

acquisition; or

(c) any body or other association of persons, and any

authority, institution, organisation, fund, firm and any

other entity whatsoever, whether corporate or not, if

(i)

it

is

constituted,

formed,

established,

incorporated or registered in, or under the laws

of, a state other than Malta or another Member

State; or

(ii) it has its registered address, principal place of

residence or of business in a state other than

Malta or another Member State; or

(iii) twenty-five per cent or more of its share or other

capital is owned by a non-resident person or is

registered in the name of a trustee for the benefit

of a non-resident person; or

(iv) it is in any manner and whether directly or

indirectly controlled by one or more non-

resident persons;

(d) any trustee in terms of a trust who is

(i)

a non-resident person unless all the beneficiaries

of the trust are determined and are residents of

Malta and in case of a discretionary trust where

the power of appointment or any discretion may

be exercised in favour of residents of Malta;

(ii) a resident of Malta where any of the

beneficiaries are non-resident persons and in

case of a discretionary trust, where the power of

appointment or any discretion may be exercised

in favour of any nonresident person;

"primary residence" means the dwelling house in which an

individual habitually resides in, or intends to habitually reside in,

as his principal place of abode, whether in Malta or elsewhere;

"resident of Malta" means an individual who is

(a) a citizen of Malta or another Member State who has

been resident in Malta for a minimum continuous

period of five years at any time preceding the date of

acquisition;

(b) the spouse, of whatever nationality and wherever

resident, of a citizen of Malta or another Member State

where such spouses are acquiring together on the same

deed;

(c) a third country national holding long-term resident status

in terms of the Immigration Act and subsidiary legislation

thereof;

"secondary residence purposes" means purposes other than for

primary residence or for any of the purposes listed in article 3(2)(b)

or (3);

IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.

"special designated area" means a zone described in the First

Schedule and such other zone as the Minister may from time to

time by order in the Gazette add to such schedule;

"the Treaty" has the same meaning as is assigned to it in article 2

of the European Union Act.

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Added by

IX. 2003.44.

Conditions, restrictions, limitations and qualifications

Amended by

for the grant of a permit under article 6

III. 2004.86;

L.N. 411 of 2007;

XXII. 2011.5.

1. Any non-resident person wishing to acquire immovable property in terms of

article 6 of the Act shall submit a form as shown on Annex A or B hereto duly

completed and containing such particulars and accompanied by such documents, as

are prescribed in the said form.

2. The Minister may refuse to issue a permit to a person who is not of good

conduct.

3. In issuing a permit in terms of article 6 of the Act, the Minister shall impose

the following conditions

IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.

In the case of a dwelling house

(i)

that the immovable property is solely used as a residence by the

applicant and his family and for no other purpose;

(ii) that the acquisition is to be effected within six months from the

date of issue of the permit, saving the granting of any extension as

may be applied for;

(iii) that within three months from publication of the deed of

acquisition, a certified copy of such deed must reach the office of

the Commissioner for Revenue; and

(iv) that the immovable property may not be sold in part, or otherwise

converted into more than one dwelling house.

In the case of a garage or other adjoining property

(i)

that the immovable property is used solely as a garage by the

applicant and his family or as an extension to be integrated with

the applicant’s existing dwelling;

(ii) that the acquisition is to be effected within six months from the

date of issue of the permit, saving the granting of any extension as

may be applied for;

(iii) that within three months from publication of the deed of

acquisition, a certified copy of such deed must reach the office of

the Commissioner for Revenue; and

(iv) that the immovable property covered by this permit may not be

sold or otherwise disposed of separately but only together with

the applicant’s original dwelling house.

In the case of a plot of land

(i)

that the applicant is to develop the plot into one complete single

residence ready for occupation within a period of two years from

the date of issue of this permit;

(ii) that the immovable property is eventually to be used solely as a

residence by the applicant and his family and for no other

purpose;

(iii) that the acquisition is to be effected within six months from the

date of issue of the permit, saving the granting of any extension as

may be applied for; and

(iv) that within three months from publication of the deed of

acquisition, a certified copy of such deed must reach the office of

the Commissioner for Revenue.

4. The fees payable shall be €232 for each permit, or such fees as may, from

time to time, be prescribed by Order of the Minister.

ANNEX A

APPLICATION TO THE MINISTER RESPONSIBLE FOR FINANCE BY A BODY

OF PERSONS TO ACQUIRE IMMOVABLE PROPERTY IN MALTA IN TERMS

OF THE IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

(CAP. 246)

PART I

Particulars of applicant falling under paragraph (c) of the definition of "non-

resident person" in article 2 of the Immovable Property (Acquisition by Non-

Residents) Act, Cap. 246, (hereinafter referred to as the Act).

1. Name of body, association, authority etc. or other entity which is making the

application: ..............................................................................................................

2. Whether corporate or not: ............................................................................

3. Where or under the laws of which country is it constituted, formed,

established, incorporated or registered: (a certified copy of any relevant deed of

constitution or incorporation is to be attached) ..........................................................

4. Whether it has its principal place of residence or of business outside Malta: ......

5. (a) A list of all shareholders showing the number of shares held by each, the

citizenship of each shareholder and the place of residence; and .................................

(b) Where the shareholder is a body, association, authority etc., all the

particulars relating to it as at (a) above: ....................................................................

(A separate list may be attached to the application duly signed and dated by

applicant, and a note to this effect made in the above space).

6. Whether it is in any manner directly or indirectly controlled by one or more

non-resident persons as defined by the Act: ..............................................................

(Full particulars are to be given as necessary)

Particulars of immovable property to be acquired by non-residents.

1. Detailed description of immovable property including the type of property,

the locality and other particulars necessary to identify it and the area of the property

in square metres: ......................................................................................................

2.

3. If for development, details of cost of works and estimated period for

completion of same: .................................................................................................

4. Under what title is the immovable property to be acquired: ...........................

(Applicant is to submit a copy of the preliminary agreement and other

related documents in connection with the acquisition of the property).

5. Purpose for which the immovable property is to be acquired: .......................

6. Source of funds for acquisition of immovable property: .....................................

7. Any other particulars: .......................................................................................

Particulars of person from whom immovable property is being acquired.

1. Name: ..........................................................................................................

2. Address: ......................................................................................................

Details of any immovable property in Malta already held or owned by

IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.

applicant under any title whatsoever: ........................................................................

I hereby declare that the above particulars are true and correct and that the

immovable property is intended to be used for the purpose above mentioned.

Date .................................

Signature of Applicant ...................................

NOTE: Applicant is warned that any information given in the application material

to the granting of a permit by the Minister which is incorrect or misleading would

amongst other things as contemplated in the Act render any pertinent deed or act null

and void.

PART II

For official use only.

ANNEX B

APPLICATION TO THE MINISTER RESPONSIBLE FOR FINANCE BY AN

INDIVIDUAL TO ACQUIRE IMMOVABLE PROPERTY IN MALTA IN TERMS

OF THE IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

(CAP. 246)

PART I

Particulars of applicant

1. Name and surname: .....................................................................................

2. Place and Date of Birth: ...............................................................................

3. Parents’ names including mother’s maiden surname: ....................................

4. Profession or trade: ......................................................................................

5. Citizenship: .................................................................................................

6. Place of residence: (full address) ..................................................................

7. Mailing address if different from above: ......................................................

Two passport size photos of the applicant and a photocopy of the applicant’s

passport showing the personal details are to be attached to this application.

Particulars of immovable property to be acquired by non-resident

1. Detailed description of immovable property (i) type of property, the locality,

boundaries (where necessary) and other particulars needed to identify it and (ii) size

of the property giving overall area of land in square metres, details of buildings, and

all other appurtenances, (iii) whether or not property is of historical importance or

situated in a historical area: ......................................................................................

2.

3. If for development, details of cost of works and estimated period for

completion of same: .................................................................................................

4. Under what title is the immovable property to be acquired: ...........................

(Applicant is to submit a copy of the preliminary agreement and of any documents

in connection with the acquisition of the property).

5. Purpose for which the immovable property is to be acquired: .......................

6. Source of funds for acquisition of immovable property: ................................

7. Any other particulars: ..................................................................................

Particulars of person or body of persons from whom immovable property is

being acquired

1. Name: ..........................................................................................................

2. Address: ......................................................................................................

3. Citizenship or in case of body of persons, whether "resident" in terms of the

Act …………............................................................................................................

Particulars of immovable property already owned or held

1. Details of any immovable property in Malta already owned or held under

any title whatsoever by applicant: .............................................................................

2. Details of any immovable property in Malta already owned or held under

any title whatsoever by applicant’s family: ...............................................................

3. Details of any immovable property in Malta disposed of by applicant or any

member of his family during the last 10 years: ..........................................................

I hereby declare that the particulars are true and correct.

Date .................................

Signature of Applicant/Attorney .......................................

NOTE: Applicant is warned that any information given in the application material

to the granting of a permit by the Minister which is incorrect or misleading would

amongst other things as contemplated in the Act render any pertinent deed, will or

act null and void.

PART II

IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.

For official use only.

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

(1)

Without prejudice to the other provisions of this Act

(a) a resident of Malta may acquire by an act inter vivos

immovable property in Malta by or under any title

without the necessity of obtaining a permit under this

Act;

(b) a citizen of Malta and a citizen of a Member State who

in either case is not a resident of Malta may not,

without the necessity of obtaining a permit under this

Act, acquire immovable property for secondary

residence purposes by an act inter vivos in Malta.

(2) For the purposes of this Act "immovable property for

secondary residence purposes" shall exclude

(a) any immovable property which is to serve as the

primary residence for the person acquiring the

immovable property; or

(b) such immovable property the acquisition of which is

required for the carrying out of such person’s business

activities or the supply of services by such person.

(3) A person, other than a physical or a non-resident person,

may acquire by an act inter vivos immovable property in Malta

without the necessity of obtaining a permit under this Act where

such immovable property is required for the purpose of carrying

out the activity for which it has been set up.

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

(1) Save as hereinafter provided, with effect from 30th

May, 1974, a non-resident person may not acquire immovable

property by or under any title, and in any manner, whatsoever,

whether by act inter vivos or causa mortis, and including

prescription, occupancy or accession; and any deed, will or other

act purporting to transfer or transmit any immovable property to a

non-resident person, and any devolution or other event having the

effect of transmitting immovable property and which but for the

provisions of this Act would have transmitted such property in

favour of a non-resident person, shall be null and void and be

without effect for all purposes of law and in regard to all persons;

and any transfer, payment or other thing made or done or given as

part or in consequence of, or as ancillary to, anything which is

prohibited as aforesaid shall likewise be null and without effect

and, as and where appropriate, the subject matter thereof shall be

returned, restored, refunded, cancelled or otherwise dealt with

accordingly.

(2)

Sub-article (1) shall not apply to

(a) the acquisition of a grave or a site for a grave by a non-

resident person; and

(b) to the redemption by a non-resident person of any

groundrent or other burden encumbering any

immovable property lawfully acquired by such non-

resident person.

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

(1)

The provisions of article 4 shall not apply in respect of

(a) any immovable property devolving causa mortis 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 this Act; or

(b) the acquisition of immovable property by any person,

wherever resident, in a special designated area; or

(c) 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 such immovable property; or

(d) the transfer of immovable property in an inheritance

between co-heirs; or

(e) the partition of immovable property between co-

owners; or

(f)

the acquisition of immovable property by a company

or other commercial partnership, not being a non-

president person, from one or more of its members

holding over fifty per cent interest in, or of its share

capital; or

(g) 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 this Act, where applicable.

(2) The party acquiring the immovable property or on whom

the immovable property is assigned in a partition or devolves in

accordance with any one or more of the exceptions listed under

sub-article (1) shall declare on the deed that such transfer is so

covered, and the notary publishing the deed shall warn the said

person of the importance of the truthfulness of such declaration and

record on the deed that he has so warned such person.

(3) Any notary who receives any deed which does not contain a

declaration as is required under the provisions of this article, or

who fails to warn the parties particularly as to the importance of the

truthfulness of such declaration or to record in the deed he has

compiled with such requirement, shall be guilty of an offence under

this Act, and shall on conviction be liable to a fine (multa) of not

less than two thousand and three hundred euro (2,300) and not

more than twenty- three thousand euro (23,000).

IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

(1) The Minister may grant a permit in writing to a non-

resident person to acquire an immovable property specifically

indicated in the permit if in the opinion of the Minister it is in the

public interest or it is otherwise appropriate to grant such permit

Provided that, if an application is made to the Minister for

the acquisition of immovable property by a non-resident person,

and such application is made in line with such policies, such form

and in such manner, if any, as may be established by regulations

made under this Act, and such information as may be prescribed by

regulations has been given, the Minister shall not withhold his

permit if he is satisfied that -

(a) the immovable property is required for an industrial or

touristic project approved by the Government or for

any other project or purposes similarly approved in

view of its contribution to the development of the

economy of Malta; and

(b) in the case of an individual who is not a resident of

Malta, the immovable property is a building the value

of which is not less than eighteen thousand and five

hundred euro (18,500) (which sum shall be adjusted in

line with an immovable property price index that shall

be published annually in the Gazette by the National

Statistics Office) and which is intended to be used by

the non-resident person as a residence for himself and

his family and such non-resident person does not own

or hold under any title whatsoever any other

immovable property in Malta other than immovable

property the acquisition of which is exempted under

article 4(2) or 5;

(c) the immovable property is either

(i)

a garage situated within five hundred metres

from the applicant’s previously acquired

residence; or

(ii) an adjoining parcel of land or building intended

to serve as an extension to and be integrated

with, the applicant’s previously acquired

residence

Provided further that the Minister may withhold the

granting of a permit for the acquisition of any immovable property

which he considers to be of historical importance, or as being

situate in a historical locality.

(2) Where by virtue of any deed, succession, act or event, a

non-resident person would, but for the provisions of this Act, have

acquired immovable property, the Minister may, by order in the

Government Gazette specifying the property which he intends to

cover by the order, grant a permit to such non-resident person to

acquire the property so specified; and in any such case the

acquisition shall have effect from such day as may be specified in

the order being a day not earlier than the date of the deed,

succession, act or event aforesaid or, if no date is specified in the

order, from the date of the deed, succession, act or event aforesaid.

(3) The conditions, restrictions, limitations and qualifications

under which the permit referred to in this article is granted shall be

those listed in the Second Schedule.

(4) An acquisition of immovable property made by virtue, and

in accordance with the terms of a permit granted under sub-article

(1) by means of a public deed to which such permit is annexed and

an acquisition of an immovable property in respect of which a

permit is granted under sub-article (2), shall be valid and have

effect notwithstanding article 4, subject to compliance with the

provisions of any other law applicable to such acquisition

Provided that this sub-article shall not apply, and article 4

shall have full effect as if no permit under this article had been

granted, if, in respect of any permit so granted, information

material to the granting of such permit was given to the Minister

which was incorrect or misleading.

(5) As soon as may be after the end of every three-month

period ending on 31st March, 30th June, 30th September and 31st

D e c e m b e r, t h e M i n i s t e r s h a l l c a u s e t o b e p u b l i s h e d i n t h e

Government Gazette a list of all permits granted under this article

during the preceding period of three months, together with such

information concerning the person to whom and the property in

respect of which the permit was granted as the Minister may deem

appropriate. A copy of all the lists published under this sub-article

shall be kept at the Public Registry offices in Malta and in Gozo

and such copies shall be so open to inspection by any person in like

manner as the registers kept in those offices.

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

(1) It shall not be lawful for any person, without the

consent in writing of the Minister, to make use, or to permit the use,

of any immovable property acquired by virtue of a permit granted

under article 6, in any manner or for any purpose other than that

indicated in the application for such permit.

(2) Any person authorised to acquire immovable property in

Malta in accordance with the provisions of article 3 shall, on the

deed transferring title, declare that he qualifies to acquire such

immovable property and shall further state the reasons for such

qualification as well as, where required to do so by this Act, the

purpose of such acquisition, and the notary publishing the deed

shall warn the said person of the importance of the truthfulness of

such declaration and include such declaration in the said deed.

(3) Any notary who receives any deed which does not contain a

declaration as is required under the provisions of this article, or

who fails to warn the parties particularly as to the importance of the

truthfulness of such declaration or to record in the deed that he has

complied with such requirement, shall be guilty of an offence under

this act, and shall on conviction be liable to a fine (multa) of not

less than two thousand and three hundred euro (2,300) and not

more than twenty-three thousand euro (23,000).

(4) If any act is committed or omitted in contravention of any

of the provisions of sub-articles (1) or (2) or of any condition,

restriction, limitations or qualification contained in any permit or

IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.

consent given under this Act, the person to whom the permit or

consent was last granted and any other person committing or

omitting or permitting the commission or omission of any such act

as aforesaid, shall be guilty of an offence under this Act and shall

be liable, on conviction, to a fine (multa) not exceeding twenty-

three thousand euro (23,000) or double the market value of the

immovable property so acquired, whichever is the higher amount,

and, in the case of a continuing offence, to a further fine (multa) of

not less than two hundred and thirty euro (230) and not exceeding

two thousand and three hundred euro (2,300) for each day,

excluding the first one hundred and eighty days, during which the

offence continues

Provided that no proceedings shall be instituted against

such person within one hundred and eighty days from the date of

acquisition, and no proceedings shall be taken if, within such

period of one hundred and eighty days, such person has remedied

the contravention and has conformed with the provisions of this

Act or has otherwise lawfully transferred the property

Provided further that should any permit or consent be

required to conform with the law and such permit or consent is

refused, no proceedings shall be instituted against such person, and

those already commenced shall be withdrawn, if such person

transfers the immovable property within one hundred and eighty

days from the date of such refusal.

(5) Saving the provisions of the provisos to sub-article (4),

nothing in the said sub-article shall be construed as validating

anything done not in conformity with any condition, restriction,

limitation or qualification contained in a permit or consent given

under this Act.

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

The Minister may make, and when made vary, alter and,

without prejudice to the making of new regulations, revoke,

regulations to give effect to any of the provisions of this Act and in

particular, but without prejudice to the generality of the foregoing,

to -

(a) prescribe or make provision for any matter which may

be or is to be prescribed under this Act;

(b) amend, cancel or substitute any of the Schedules to

this Act;

(c) make provision for or determine the cases, manner,

terms and conditions, other than those provided for in

this Act, in or under which a permit may be granted

under article 6;

(d) make provision, and establish penalties not exceeding

twenty-three thousand euro (23,000) or double the

market value of the immovable acquired and not

exceeding two thousand and three hundred euro

(2,300) for each day in respect of continuing offences,

or other consequences or effects, for or in respect of

any contravention or failure of compliance with any

condition, restriction, limitation or qualification

contained in any such permit as aforesaid;

(e) prescribe the fees that may be charged for the issue of

permits for the acquisition of immovable property

under the provisions of this Act and, without prejudice

to the generality of the foregoing, make different

provisions in respect of such fees for different

categories of applications for a permit, for different

categories of permits, for different categories of

persons, or for such different circumstances or reasons

as appear to the Minister to be appropriate.

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

The provisions of this Act shall also apply where a person

acquires shares or other equitable interest in a commercial

partnership in order to circumvent and evade the requirement of a

permit under this Act, and where any person so acquires such

shares or equitable interest for such purpose without first obtaining

a permit, the provisions of this Act, including, without prejudice to

the generality hereof, the provisions of articles 4 and 7 thereof,

shall apply to the acquisition of such shares or equitable interest as

if such acquisition were of the immovable property held by such

partnership.

IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [CAP. 246.

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

PENDER PLACE and MERCURY HOUSE site

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

KEMPINSKI RESIDENCES, SAN LAWRENZ, GOZO

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

METROPOLIS PLAZA, GŻIRA

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

PORTOMASO EXTENSION I, ST JULIANS

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

PENDER PLACE and MERCURY HOUSE site, Extensions I, II, III, IV and

V, St Julians

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Vista Point, Marsalforn, Gozo

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Quad Business Towers, Mrieħel

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Southridge, Mellieħa

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Mistra Heights

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Quad Business Towers, Mrieħel, Extension I

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Verdala Terraces

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Pender Place and Mercury House Zone, Extension VI, St. Julian’s

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Portomaso Extension II, St Julians

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Tarġa Square

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

The ORA Residences

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Scirocco Heights Residences

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Trident Park, Mrieħel

Laws of Malta — Chapter 246 — IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) ACT

Eden Place, St Julians

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