  HOME  OWNERSHIP (ENCOURAGEMENT)   [ CAP. 328.        1
CHAPTER 328
HOME OWNERSHIP (ENCOURAGEMENT) ACT 
To make provision for the granting of certain incentives for the
encouragement of home ownership.
(28th October, 1988) *
Enacted by ACT XXVIII of 1988.
Short title.
(Encouragement) Act.
Interpretation.
"beneficiary" means the person to whom any of the incentives
referred to in section 3 of this Act, are granted;
                             
Cap. 158.
"dwelling-house" has the same meaning assigned to it under the
Housing (Decontrol) Ordinance;
Cap. 261.
"Housing Authority" means the authority established by section
3 of the Housing Authority Act;
Cap. 125.
"Housing Secretary" has the same meaning assigned to it by the
Housing Act;
"Minister" means the Minister responsible for housing, and
includes any Parliamentary Secretary with responsibility for
housing; and
Cap. 239.
Death and Donation Duty Act † .
Incentives for 
home ownership.
3. The Housing Authority or the Housing Secretary may make
regulations, with the approval of the Minister, providing for
schemes for the encouragement of home ownership in Malta,
whereby persons are encouraged to acquire a dwelling-house for
their own residence by being granted all or any one or more of the
following incentives:
Cap. 294.
Documents Act ‡ ;
Cap. 239.
Donation Duty Act †;
Cap. 158.
( c ) the right to register the dwelling-house as a
decontrolled dwelling-house under the Housing
(Decontrol) Ordinance.
Evidence of the 
grant of incentives.
4. (1)  The grant of any of the incentives under section 3 of
this Act shall be made and shall be evidenced by a certificate which
shall be issued by the Housing Authority or the Housing Secretary,
as the case may require.
(2)  Except tor the purposes of paragraph ( b )   of section 5 of
* See  Government Notice No. 716 of the 28th October, 1988.
†Repealed by Act XVI of 1993.
‡Repealed by Act XVII of 1993.
  2      CAP. 328. ]               HOME  OWNERSHIP (ENCOURAGEMENT)  
this Act, a certificate issued under subsection (1) of this section
shall have effect only if it is annexed to the deed whereby the
dwelling-house to which it refers is acquired.
(3)  A certificate issued under subsection (1) of this section
shall contain the full particulars of the beneficiary, a full
description of the dwelling-house for the acquisition of which the
incentives under this Act are being granted and the specific
incentives being granted in accordance with the scheme.
(4)  Without prejudice to any liability under any other law, any
person who forges a certificate purporting to be issued under
subsection (1) of this section, or who shall knowingly make use of
such forged document or of a copy thereof, shall be guilty of an
offence and shall, on conviction, be liable to a fine ( multa ) of one
thousand liri or to imprisonment for a term not exceeding two years
or to both such fine and imprisonment.
Relief from duty 
on documents. 
Cap. 294.
5. A relief from duty under the Duty on Documents Act * , may
consist in all or in any one or more of the following exemptions
from the duties chargeable under the said Act, that is to say:
( a ) an exemption from the duty chargeable under Title III
of Part III of the said Act, on the deed whereby the
dwelling-house which is being acquired under the
scheme is transferred to the beneficiary;
( b ) an exemption from the duty chargeable under Title IV
of Part III of the said Act, on any appraisement or
valuation of the dwelling-house which is being
acquired under the scheme in connection with - 
(i) its transfer to the beneficiary;
(ii) the grant of any loan by any bank or other
institution to the beneficiary for the purpose of
the acquisition of such dwelling-house;
( c ) an exemption from the duty chargeable under Title V
of Part III of the said Act, on the receipt for the
payment of the price or other consideration for which
the dwelling-house which is being acquired under the
scheme is transferred to the beneficiary;
and where relief has been so granted the duties aforesaid shall, to
the extent of the relief, not be chargeable.
Relief from death 
and donation duty.
Cap. 239.
6. (1)  Where relief from duty under the Death and Donation
Duty Act † , is granted, on the death of the beneficiary, and where
the beneficiary is married at the time of the acquisition of the
dwelling-house, also on the death of the beneficiary’s spouse, no
duty shall be payable under the said Act, on account of or in
relation to the dwelling-house acquired under the scheme on any of
the following:
( a ) on the transmission through devolution by law or
under a testamentary disposition by universal or
*Repealed by Act XVII of 1993.
†Repealed by Act XVI of 1993.
  HOME  OWNERSHIP (ENCOURAGEMENT)   [ CAP. 328.        3
particular title of the rights of the beneficiary or of the
beneficiary’s spouse over the dwelling-house;
( b ) on the transmission  causa mortis  of the usufruct of the
dwelling-house or share therein, in favour of the
beneficiary or the widow or widower of the
beneficiary; and
( c ) on the consolidation of the usufruct referred to in
paragraph ( b ) hereof with the  nuda proprietas  of the
dwelling-house on the termination of the usufruct.
(2)  The exemption granted under subsection (1) of this section
shall not apply to any part of the value of such dwelling-house in
excess of seven thousand liri.
Right to register as 
a decontrolled 
dwelling-house. 
Cap. 158.
7. Where the right to register the dwelling-house as a
decontrolled dwelling-house under the Housing (Decontrol)
Ordinance, is granted, such dwelling-house shall be capable of
being registered as a decontrolled dwelling-house under and in
accordance with paragraph ( e ) of section 3 of the said Ordinance.
Schemes made 
before the coming 
into force of this 
Act.
8. The Schemes published by Government Notices numbers
127, 128, 129 and 130 in the Government Gazette of the 16th
February, 1988 shall be deemed to be made by regulations made in
virtue of and according to section 3 of this Act.
