 IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [ CAP. 246.  1
CHAPTER 246 
IMMOVABLE PROPERTY (ACQUISITION BY 
NON-RESIDENTS) ACT 
To prohibit the acquisition of immovable property by non-residents. 
(9th August, 1974) *
Enacted by ACT XXXVII of 1974, as amended by Act LVIII of 1974;
Legal Notice 148 of 1975; and Acts: XVI of 1978, IV of 1979, XIII of 1983
and I of 1988.
Short title.
(Acquisition by Non-Residents) Act.
Interpretation.  
Amended by: 
I. 1988.2.
2. In this Act, unless the context otherwise requires -
"Government" means the Government of Malta;
Cap. 16.
"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 sections 308 and 310
of the Civil Code;
"Malta" has the same meaning as is assigned to it by section 124
of the Constitution;
"Minister" means the Minister responsible for finance, and
except for the purposes of an order made in terms of paragraph   ( b )
of subsection (1) of section 5, and for the purposes of section 7 of
the Act, includes where delegated in writing by the Minister, any
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 resident of Malta; and 
( b ) any body or other association of persons, and any
authority, institution, organization, fund, trust, 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, any country outside Malta; or
(ii) it has its principal place of residence or of
business outside Malta; or
(iii) twenty-five per cent or more of its share or other
capital is owned by a non-resident person; or 
(iv) it is in any manner and whether directly or
indirectly, controlled by one or more non-
resident persons;
"resident of Malta" means an individual who is -
* See  Government Notice No. 529 of 9th August, 1974.
  2      CAP. 246. ]  IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS)
( a ) a citizen of Malta; or
( b ) * the spouse of a citizen of Malta if between such
spouses there is established the community of
acquests.
Non-residents may 
not acquire 
immovable 
property.  Amended 
by:    I.1988.3.
3. (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) Subsection (1) of this section 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.
Exception in 
certain cases of 
devolution of 
immovables  causa 
mortis.
4. The provisions of section 3 of this Act shall not apply in
respect of immovable property devolving  causa mortis  on an
individual who is a non-resident person if, but only if, such
individual is a child or other descendant of the deceased, or the
spouse or any ascendant or a collateral relative up to the fifth
degree, of the deceased.
Permission to non-
residents to acquire 
immovable 
property in 
particular cases. 
Amended by: 
XVI 1978.2; 
XIII.1983.5;   
I. 1988.4.
5. (1) The Minister may grant permission in writing to a non-
resident person to acquire an immovable property specifically
indicated in the permission if in the opinion of the Minister it is in
the public interest or it is otherwise appropriate to grant such
permission:
Provided that, if an application is made to the Minister for
the acquisition of immovable property by a non-resident, and such
application is made in such form and in such manner, if any, as may
be prescribed, and such information as may be prescribed or as the
Minister may require has been given, the Minister shall not
withhold his permission if he is satisfied that -
( a ) in the case of any person mentioned in paragraph ( b )
of the definition of a non-resident person in section 2
* See  section 5 of Act I of 1988.
 IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [ CAP. 246.  3
of this Act, 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 eight thousand liri (or such
other sum as the Minister may from time to time by
order in the Government Gazette establish) 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:
Provided further that the Minister may withhold his
permission 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, will, 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 permission 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, will, act
or event aforesaid or, if no date is specified in the order, from the
date of the deed, will, act or event aforesaid.
(3) The Minister shall in granting any permission under this
section specify the conditions, restrictions, limitations and
qualifications under which the permission is granted.
(4) An acquisition of immovable property made by virtue, and
in accordance with the terms of a permission granted under
subsection (1) of this section by means of a public deed to which
such permission is annexed and an acquisition of an immovable
property in respect of which a permission is granted under
subsection (2) of this section, shall be valid and have effect
notwithstanding section 3 of this Act, subject to compliance with
the provisions of any other law applicable to such acquisition:
Provided that this subsection shall not apply, and section 3 of
this Act shall have full effect as if no permission under this section
had been granted, if, in respect of any permission so granted,
information material to the granting of such permission 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 3lst March, 30th June, 30th September and 3lst
December, the Minister shall cause to be published in the
Government Gazette a list of all permissions granted under this
section during the preceding period of three months, together with
such information concerning the person to whom and the property
in respect of which the permission was granted as the Minister may
  4      CAP. 246. ]  IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS)
deem appropriate. A copy of all the lists published under this
subsection 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.
Immovable 
property to be used 
only for the 
purpose indicated. 
Amended by: 
LV III. 1974.68; 
L.N. 148 of 1975; 
XIII. 1983.5.
6. (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 permission
granted under section 5 of this Act, in any manner or for any
purpose other than that indicated in the application for such
permission.
(2) If any act is committed or omitted in contravention of any
of the provisions of subsection (1) of this section or of any
condition, restriction, limitation or qualification contained in any
permission or consent given under this Act, the non-resident person
to whom the permission 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 liable, in respect of
each such act or omission to a penalty of not less than fifty liri and
not more than one thousand liri, and, in the case of a continuing
offence to a penalty of not less than ten liri and not exceeding fifty
liri for each day during which the offence continues:
Provided that nothing in this subsection shall be construed as
validating anything done not in conformity with any condition,
restriction, limitation or qualification contained in a permission or
consent given under this Act.
(3) Any penalty due under any provision of this Act or of any
regulations made thereunder, shall at the instance of the Attorney
General by writ of summons in the Civil Court, First Hall, be fixed
by that Court and be recoverable as a civil debt due to the
Government.
Regulations. 
Amended by: 
IV.1979.2; 
XIII. 1983.5.
7. (1) 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 ) make provision for or determine the cases, manner,
terms and conditions, other than those provided for in
this Act, in or under which a permission may be
granted under section 5 of this Act;
( c ) make provision, and establish penalties not exceeding
one thousand liri and not exceeding fifty liri 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 permission as aforesaid;
( d ) prescribe the fees that may be charged for the issue of
 IMMOVABLE PROPERTY (ACQUISITION BY NON-RESIDENTS) [ CAP. 246.  5
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 non-
resident persons, or for such different circumstances or
reasons as appear to the Minister to be appropriate.
(2) Any regulations made under this section shall be laid before
the House of Representatives as soon as may be after they are
made, and if, within the period of twenty-eight days after they are
so laid before it, the House of Representatives resolves that they be
annulled or amended, the same shall thereupon cease to have effect
or shall be so amended, as the case may require, but without
prejudice to the validity of anything previously done thereunder or
to the making of new regulations.
(3) In reckoning the period of twenty-eight days
aforementioned no account shall be taken of any time during which
the House is not in session or during which it is adjourned for more
than seven days.
