The Land Registry is responsible for the registration of title to property within designated registration areas.
During the period after the Promise of Sale is signed and before the actual transfer of the property, a search application form accompanied by a Land Registration Agency plan, and detailed plans where necessary, can be submitted at the Land Registration Agency. This form called a Form E is submitted in order to get a reply on whether:
- the property lies within a registered area
- the property is in a land registration area and has been registered or not
- there are hypothecs, privileges or cautions registered at the Land Registry
- there is any other fact which may influence your decision to purchase the property.
If there are no hurdles that result from the search reply and eventually the purchase of the property takes place there is a procedure in the Land Registration Agency which has to be followed. Once the contract of purchase has been signed, the Land Registration ACT (CHAPTER 296 of the Laws of Malta) stipulates that if the property is situated in a Land Registration Area, then the Notary is to register the new property title with the Land Registration Agency no later than fifteen (15) days after the conclusion of the transaction. This application for registration is done through a Form A which will be accompanied with the necessary documentation such as the contract itself and relative plans, on which the same registration is being based. The registration of a hypothec or privilege is done through a Form B.