Frequently Asked Questions for Condominium Registration

As per Subsidiary Legislation 398.01, the Agency carries out 3 main functions: 

  1. The Registrar shall keep a register of applications referring to administrators and rules in chronological order. 
  2. Annotations, rules or other documents, relating to the same condominium shall be kept together in such a manner as the Registrar may deem fit. 
  3. The Registrar may annotate the fact that a condominium is registered in a remarks column forming part of the register mentioned in sub regulation 

The functions of the administrator shall include the following: 

  1. to execute the decisions of the meeting of the condomini and to ensure the observance of the rules regulating the condominium
  2. to regulate the use of the common parts and the performance of services in the common interest, in such a way that all the condomini are assured the maximum benefit possible;
  3. to apportion the costs in terms of article 11(1), to collect the contributions from the condomini and, subject to the approval of the meeting, to set up and maintain a floating fund to which the condomini shall contribute their share;
  4. to perform such acts as are necessary for the preservation and protection of the common parts;
  5. to render accounts to the condomini at such intervals as the meeting shall decide or as may be established in the rules regulating the condominium;
  6. to claim or receive monies or interest;
  7. where so agreed in accordance with article 14(5), to take the necessary steps to have in force an adequate insurance of the condominium; and
  8. to perform such other acts which are ancillary or conducive to the proper management of the condominium 

Article 15 of the law provides that when there are more than three condomini, the meeting of the condomini shall appoint an administrator. If the meeting does not make such an appointment, the matter shall be referred to arbitration by one or more of the condomini and the administrator shall be appointed by the arbitrator. Where there are three or less condomini they shall, unless they otherwise agree, administer jointly. 

In order to submit an application for the registration of an administrator, a Form 1 must be submitted. When submitting a Form 1, the following documents are required: 

  1. Resolution 
  2. Site plan only for first appointment 

It is important to note that the Form 1 must be submitted in duplicate. 

A general meeting is called for all owners of the condominium and the owners must form a quorum. The quorum shall be a number of condomini representing two thirds (2/3) of the units. An administrator may be appointed via a simple majority. If within half an hour from the time appointed for the meeting a quorum is not present, it shall stand adjourned to the same day in the next week at the same time and place or to such other day and at such other time and place as the administrator may indicate beforehand in the notice convening the meeting; and if at the adjourned meeting a quorum is not present within half an hour from the appointed time the condominus or condomini present or represented in that meeting shall be a quorum. 

An application to register the administrator shall either be submitted by hand at the Land Registration Agency or sent by post. All documents submitted must be submitted in duplicate with each page signed by the administrator. 

 An application for the registration of the administrator can be submitted against a fee of €5 per unit within the condominium.

Following the registration of the administrator an application for the registration of the rules can also be submitted where the same fee applies.   

Payment can be done via cheque payable to the Land Registration Agency. 

Form 1 is obligatory when applying for the first time an administrator is registered, a Change in Administrator or a Re-Appointment of Administrator. The form shall be as per Subsidiary Legislation 398.01 must be filled in and submitted in duplicate with each page signed by the administrator. 

If Rules for the condominium have been drawn up, then a Form 2  has to be submitted. This must be filled in and submitted in duplicate.  

Note that the Rules must be signed by two thirds (2/3) of all those present at the meeting on each page and in table format on the final page, ensuring that the table contains the full details i.e. Flat/Unit number, Owner’s name, Identity number and signature.  

With each application an original Resolution signed by the owners shall be submitted.  

When registering the administrator for the first time, the application shall be accompanied by an Official Land Registration site plan clearly indicating the location of the Condominium, however this does not require the endorsement/signature of an architect. This can be ordered online via the www.landsregistryplans.gov.mt portal.   

When  there  are  more  than  three  condominithe meeting of the condomini shall appoint an administrator. Where there are three or less condomini they shall, unless they otherwise agree, administer jointly.

One may opt to either contact the Malta Arbitration Centre at 33, South Street, Valletta or else seek private legal advice. 

The Land Registration Agency does not mediate in conflicts that arise between owners. 

If an administrator wants to resign before the appointment period has lapsed, the administrator must call a meeting to discuss the appointment of a new administrator. If no agreement is reached or no meeting is convened, then the administrator may refer the matter for arbitrationThe register will only be amended when the Registrar is notified, with the new appointment through the submission of an application with the appointment and details of the new administrator in terms of Article 15 of the Condominium Act.   

Frequently Asked Questions for Condominium Registration

As per Subsidiary Legislation 398.01, the Agency carries out 3 main functions: 

  1. The Registrar shall keep a register of applications referring to administrators and rules in chronological order. 
  2. Annotations, rules or other documents, relating to the same condominium shall be kept together in such a manner as the Registrar may deem fit. 
  3. The Registrar may annotate the fact that a condominium is registered in a remarks column forming part of the register mentioned in sub regulation 

The functions of the administrator shall include the following: 

  1. to execute the decisions of the meeting of the condomini and to ensure the observance of the rules regulating the condominium
  2. to regulate the use of the common parts and the performance of services in the common interest, in such a way that all the condomini are assured the maximum benefit possible;
  3. to apportion the costs in terms of article 11(1), to collect the contributions from the condomini and, subject to the approval of the meeting, to set up and maintain a floating fund to which the condomini shall contribute their share;
  4. to perform such acts as are necessary for the preservation and protection of the common parts;
  5. to render accounts to the condomini at such intervals as the meeting shall decide or as may be established in the rules regulating the condominium;
  6. to claim or receive monies or interest;
  7. where so agreed in accordance with article 14(5), to take the necessary steps to have in force an adequate insurance of the condominium; and
  8. to perform such other acts which are ancillary or conducive to the proper management of the condominium 

Article 15 of the law provides that when there are more than three condomini, the meeting of the condomini shall appoint an administrator. If the meeting does not make such an appointment, the matter shall be referred to arbitration by one or more of the condomini and the administrator shall be appointed by the arbitrator. Where there are three or less condomini they shall, unless they otherwise agree, administer jointly. 

In order to submit an application for the registration of an administrator, a Form 1 must be submitted. When submitting a Form 1, the following documents are required: 

  1. Resolution 
  2. Site plan only for first appointment 

It is important to note that the Form 1 must be submitted in duplicate. 

A general meeting is called for all owners of the condominium and the owners must form a quorum. The quorum shall be a number of condomini representing two thirds (2/3) of the units. An administrator may be appointed via a simple majority. If within half an hour from the time appointed for the meeting a quorum is not present, it shall stand adjourned to the same day in the next week at the same time and place or to such other day and at such other time and place as the administrator may indicate beforehand in the notice convening the meeting; and if at the adjourned meeting a quorum is not present within half an hour from the appointed time the condominus or condomini present or represented in that meeting shall be a quorum. 

An application to register the administrator shall either be submitted by hand at the Land Registration Agency or sent by post. All documents submitted must be submitted in duplicate with each page signed by the administrator. 

 An application for the registration of the administrator can be submitted against a fee of €5 per unit within the condominium.

Following the registration of the administrator an application for the registration of the rules can also be submitted where the same fee applies.   

Payment can be done via cheque payable to the Land Registration Agency. 

Form 1 is obligatory when applying for the first time an administrator is registered, a Change in Administrator or a Re-Appointment of Administrator. The form shall be as per Subsidiary Legislation 398.01 must be filled in and submitted in duplicate with each page signed by the administrator. 

If Rules for the condominium have been drawn up, then a Form 2  has to be submitted. This must be filled in and submitted in duplicate.  

Note that the Rules must be signed by two thirds (2/3) of all those present at the meeting on each page and in table format on the final page, ensuring that the table contains the full details i.e. Flat/Unit number, Owner’s name, Identity number and signature.  

With each application an original Resolution signed by the owners shall be submitted.  

When registering the administrator for the first time, the application shall be accompanied by an Official Land Registration site plan clearly indicating the location of the Condominium, however this does not require the endorsement/signature of an architect. This can be ordered online via the www.landsregistryplans.gov.mt portal.   

When  there  are  more  than  three  condominithe meeting of the condomini shall appoint an administrator. Where there are three or less condomini they shall, unless they otherwise agree, administer jointly.

One may opt to either contact the Malta Arbitration Centre at 33, South Street, Valletta or else seek private legal advice. 

The Land Registration Agency does not mediate in conflicts that arise between owners. 

If an administrator wants to resign before the appointment period has lapsed, the administrator must call a meeting to discuss the appointment of a new administrator. If no agreement is reached or no meeting is convened, then the administrator may refer the matter for arbitrationThe register will only be amended when the Registrar is notified, with the new appointment through the submission of an application with the appointment and details of the new administrator in terms of Article 15 of the Condominium Act.   

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