Property Law

Property Law

Our Property Law practice group provides legal advice on all aspects of buying, selling, renting, renovating or developing property in Malta.

Our property lawyers and planning consultants can provide consulting on residential, commercial, mixed-use and industrial property acquisition, sale and lease; residential, tourism and industrial real estate development. We also assist with government permits and procedures, such as the attainment of any AIP, trade or similar permits necessary prior to the acquisition of the said property. With its years of experience, Chetcuti Cauchi is in a position to provide other ancillary services including the negotiation of terms in any bank finance and the liaison with architects and other parties to ensure smooth closure of any property transactions.

Buying Property in Malta

Our Property Law team provides a holistic service to its clients who are seeking to purchase a property in Malta. We assist them with the drafting, review and negotiation of preliminary agreements proposed by the sellers. The Preliminary Agreement is typically valid for three months, during which our professionals carry out any necessary legal searches and trace the seller’s title to the property to ensure that the property rightfully belongs to the seller, and that there are no liabilities attached to it. We instruct an architect to carry out all necessary checks, apply for an AIP permit (the permit needed for non-residents to purchase property in Malta) if necessary, and we eventually draft a contract of sale, ensuring all the legal safeguards are in place.

Alternatively, clients may opt to purchase their property in Malta via companies and trusts. Our Property lawyers work hand in hand with legal professionals in other practice groups in order to make such transactions as seamless as possible.

Selling Property in Malta

Guidance from legal experts is generally recommended when selling one’s property in order to ensure that the rights of both parties are being respected. Chetcuti Cauchi offers a one-stop-shop service to sellers. We introduce the seller to estate agents and architects in order to ensure that the property is put on the market at a good value. Moreover, we carry out all the negotiating on the client’s behalf and draft the deed for the sale of the property, according to the wishes of the seller.

 Additionally, we counsel clients on the best tax regime which would benefit the seller. Years of experience have also placed us in a position to provide ancillary services to the sale of property, such as ensuring that the property is built in compliance with Maltese legislation.

Renting and Leasing Property in Malta

Renting property in Malta is generally a very straightforward procedure. Once the lessor and the lessee agree on all aspects of the rental agreement, this may be signed within a few days.

Our firm also assists prospective lessees to identify the best type of their lease for their needs, including the lease term, rent payment and rent renewals, and help both lessors and lesseses to convene with real estate agents, negotiate on their behalf to obtain the best terms possible, and help clients to procure any permits needed. Our professionals are highly experienced in drafting agreements for the lease of residential properties, as well as retail outlets, offices, hotels, catering establishments, factories, warehouses or other commercial units.

Residential Property

The purchasing, selling or renting of residential property is often a very significant transaction for those involved. The lack of familiarity with local customs, language or the local legal system may make the purchase of residential property overwhelming. Chetcuti Cauchi assists families who want to buy, sell, rent or lease residential property through a vast array of ancillary services.

Our Property Law Team

Our Property lawyers and planning consultants provide consultation on residential, commercial, mixed-use and industrial property acquisition, sale and lease; residential, tourism and industrial real estate development. We help clients with the attainment of government permits and guide them through such procedures. Our Property Law Team has a wealth of experience which puts us in a position to provide ancillary services including negotiation of terms in any bank finance and the liaison with architects and other parties to ensure smooth closure of any property transactions. We also coordinate our in-house project management service for conversion or refurbishment projects of residential and commercial property.

From individuals interested in buying their residence or holiday home in Malta, to developers constructing and managing large scale projects, Chetcuti Cauchi offers tailored services to a large variety of clients. Our team tackles every aspect of the purchase/transfer process as well by drafting and vetting all documents with suppliers, agents and contractors.Our experience also allows us to set up rules and regulations for the running of condominia. In cases where disputes arise, we seek to reach an amicable settlement where all parties are satisfied, without going through costly and lengthy litigation procedures. If it comes to court litigation, our Dispute Resolution lawyers will assist you to find the most expeditious and least-costly solution.

Testimonials


Perfect profile for servicing private client needs, with a very high level of professional services and quick reaction to queries. One of the best providers to work with in Malta

I chose the law firm Chetcuti Cauchi for registration of a trademark for the company KFIG Ltd. because I have already been working with the law firm on many other issues of business (company registration, legal and accounting services, etc.). All of the issues on which I applied to the law firm Chetcuti Cauchi, were addressed in a professional manner and promptly. In particular, I would like to recommend the work of Dr. Jean-Phillipe Chetcuti and Dr. Maria Chetcuti Cauchi as the leaders of that firm who were able to organize very efficient firm's operation. I can also mention the professional work of Ms. Pauline Gouder as Intellectua; Property Officer. I can recommend the law firm Chetcuti Cauchi for cooperation in many areas of business in Malta.I chose the law firm Chetcuti Cauchi for registration of a trademark for the company KFIG Ltd. because I have already been working with the law firm on many other issues of business (company registration, legal and accounting services, etc.). All of the issues on which I applied to the law firm Chetcuti Cauchi, were addressed in a professional manner and promptly. In particular, I would like to recommend the work of Dr. Jean-Phillipe Chetcuti and Dr. Maria Chetcuti Cauchi as the leaders of that firm who were able to organize very efficient firm's operation. I can also mention the professional work of Ms. Pauline Gouder as Intellectua; Property Officer. I can recommend the law firm Chetcuti Cauchi for cooperation in many areas of business in Malta.

Jean-Philippe was a key advisor to me on the general European and in particular Maltese related tax, legal, accounting and secretarial aspects of a rather complex corporate group structure. We were operating in an extremely dynamic situation, and I was most grateful for his patience and understanding when we had to scrap the last idea and start all over again. He is highly professional, responsive and is excellent at finding practical solutions to difficult situations, whatever the time of day or night. He also has an excellent relationship with his team, and the service provided by his firm is intelligent, joined up and seamless. He is good humoured and imminently likeable and I look forward to working with him again in the future.
Silvana made considerable effort to understand our needs when engaged to do some work for us. The advice we received was comprehensive and took into account the bigger international picture as well as the Malta legal implications. At all times during the process Silvana kept us well informed about progress and delivered the work we needed on time.

Our company, Seia Capital Management Ltd., worked with Chetcuti Cauchi on Application to the MFSA in Malta for a Category 2 AIFMD-compliant Investment Service License. Our professional interaction on this Application began in the summer in 2013; we submitted our Application in mid-November and received our Category 2 license on 17th March 2014. Dr. Charles Cassar was in charge of the project, while Dr Stefania Grech was in charge of day-to-day project management and served as our main contact at Chetcuti Cauchi, after Dr. Cassar. Ms. Stevie Aquilina provided general support throughout the Application process, while support on the financial projections was provided by Mr. Richmond Boachie and Corporate support was provided by Ms. Charlene Ciantar.

We selected Chetcuti Cauchi Advocates based on a friend's recommendation in combination with some due diligence and a value comparison with some other local firms.

The whole team at Chetcuti Cauchi provided us with a high quality service throughout the process. For a lump-sum according to their fee schedules, we had daily access to each team member as if they were part of our own team. We found the aforementioned individuals to have a high level of professioanlism, subject knowledge, and accessibility. The end-resultwas that of a true collaboration between ourselves and Chetcuti Cauchi Advocates which was submittes as a successful AIFMD Category 2 Financial Services license. As a result of this collaboration, our Company was among the first in Malta to be authorised as an AIFMD-compliant manager, taking a total of only four months from Application submission to Approval by the MFSA.

The Application process entailed the submission of the following documents in collaboration with Chetcuti Cauchi Advocates:

  • Business Plan, including financial projections (50+ pages);
  • Supporting Board Resolutions for Seia Capital Management;
  • General Application Form;
  • Various Exemption Requests from requirements based on nature and scale of business, the majority of which were granted;
  • Investment Committee - Drafting of the Terms of Reference;
  • Drafting of Declarations regarding company policies (Conflicts of Interest, Remuneration, Valuation);
  • Numerous Confirmation Letters;
  • Corporate Questionnaire for Qualifying Corporate Shareholder;
  • PQ (personal questionnaire) for relevant individuals;
  • Memorandum and Articles of Incorporation of Seia Capital Management Ltd;
  • Competency form for relevant individuals.

Suitable assistance and quidance were given throughout the Application period with regards to the operational structure of the business, the AIFMD and generally on the above mentioned documents. Chetcuti Cauchi was also responsible for liaising with the MFSA on our behalf pre and post-submission of our Application.

Our project was achieved to the full extent and therefore the result allows us to recommend Chetcuti Cauchi Advocates as a committed and trustworthy firm.


Reference Materials

Contact Us
Key Contacts

Dr Maria Chetcuti Cauchi

Senior Partner

+356 22056412

Dr Silvana Zammit

Partner

+356 22056423

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