Who We are

The Land Registry was established by the Land Registration Act of 1981 (Cap. 296). Prior to this, public deeds rather than land were registered at the Public Registry. Registering land is recognised as making more sense particularly since it facilitates eventual searches. At present, the Land Registry runs in parallel with the Public Registry.

In this regard, the amalgamation process of these two departments is presently in progress and in line with the one stop shop concept. The Search Unit and the Enrolment Section of the Public Registry have already been relocated at the Land Registry. The legal framework complementing these administrative arrangements i.e. the Central Registry Act, effectively synergizing these departments, has been drafted and is expected to be enacted by Parliament in the near future.

We are responsible for the registration of title to property within designated registration areas. Properties in non-registration areas are registered at the Public Registry. We advise you to seek advice from your notary on this issue.

In July 1997 our staff won a Merit Award as recognition by the Office of the Prime Minister for excellence in service delivery. Ours was one of the few departments nominated by its customers. It is the intention of this department to intensify efforts to ensure an enhanced service delivery to all our clients.

How to contact us

You can contact us by:

• coming personally or writing to:
  
  Casa Bolino
  116 West Street
  Valletta CMR 02

• phoning us on 21239777, 21226372

• sending us a fax on (+356) 25609398

• e-mailing us on land.registry@gov.mt.

• accessing us our website:

  http://www.mjha.gov.mt/departments/land/services.html

When you visit our office we will:

• be quick, courteous and helpful

• welcome you in a clean and friendly environment

• serve you within 20 minutes

When you phone us you can expect us to:

• answer promptly

• identify ourselves

When you send us an email, you can expect us to:

• send an immediate acknowledgement

• send an initial reply within two working days of acknowledgement

• send a final reply to more complex correspondence within five working days of initial reply 

Opening hours

The Land Registry is open from Monday to Friday during the following hours:

Winter (1October to 15 June)

8.00 a.m. and 1.00 p.m.

Summer (from 16 June to 30 September)

7.45 a.m. and 11.30 a.m.

Data Protection

Personal information provided is protected and used in accordance with the Data Protection Act, 2001.

Our Purpose

We seek to:

· maintain a reliable and effective land registration system initially in all registration areas and ultimately throughout the Maltese Islands for the creation and free movement of interests in property;

· guarantee official searches and titles to estates and interests in land and property within the recognised registration areas, irrespective of whether the land is Government-owned or owned by third parties;

· provide ready access and up-to-date information on property and interests so as to enable confident dealings in property and security of title

· continuously review the way we work so as to improve on the service we provide.

Why You Should Register Land

As defined by the Land Registration Act, reference to land or property is interchangeable and includes buildings and any other construction or works. Once you register a property or a piece of land:

· your legal title is guaranteed by Government on the lapse of the prescribed time, so that if you are a registered owner you cannot normally lose your registered title against your will;

· we can provide an accurate registration plan which clearly and simply identifies the land or property;

· there will be a single up-to-date and authoritative public record of ownership, rights, covenants, hypothec or privilege and certain other matters;

· you may deal with the property with confidence as the risk of fraud is reduced;

· many disputes can be resolved without incurring expensive litigation costs;

· you will have done away with the need for repeated lengthy and costly examination of the title and deeds on any property dealings.

There is also a socio-economic benefit to registration as the owners of vacant and unused or abandoned property can be identified once the necessary registration takes place. Anyone, on payment of a fee, can obtain a copy of any registered title in the Maltese Islands, or any other information kept in our database.

What you can expect from us  

You can expect our staff to:

• treat you with courtesy and helpfulness at all times;

• help you if you have any difficulties with our service;

• help you complete our forms, personally or from a range of information literature;

• display name plates.

Our senior staff will also be happy to help and advise you on any difficulties you may have, provided that these difficulties are of a general nature.

In this respect, even though some applications, especially Official Search, First Registration applications and Lodgement of Caution, may be filled in by the applicant himself/herself, this is not always recommendable since:

• in most instances anyway, the obligation to register rests on the notary publishing the deed;

• there are certain legal requirements which may invalidate the application;

• should one file a frivolous caution, one would be exposing oneself to the possibility of an action for damages.

We aim to meet the following standards:

• handle free of error all pre-contract searches and enquiries and all substantive transactions for the registration and granting of legal title;

• strive to achieve speed of service standards through consultation with you, our customer;

• respond to a general information request within 10 minutes from your request for service;

• issue a registration plan while you wait within 10 minutes from the identification of the site;

• complete a search, including all enquiries, within 8 working days, where the search is needed to deal in the property;

• complete a registration, including a first draft of the certificate of title, within 20 working days where registration is needed for eventual dealing in the property;

• complete a registration of a charge within 20 working days;

• complete the cancellation or variation of a charge within 20 working days;

• complete a full dealing of a previously registered property within 10 working days;

• inform you of a caution or other problem by sending you a registered letter within 2 working days of coming to know of the problem;

• start official proceedings immediately following the lapse of time given to reach an amicable settlement; the time involved being agreed to by the parties concerned;

• hear all the evidence relating to a caution within 3 months of initiation of proceedings unless parties request otherwise;

• give a definitive ruling within fifteen 15 working days from the final hearing.

These time-frames may not apply in exceptional circumstances such as in cases of subdivision of property. If we do not manage to meet our targets within a reasonable time, we will write to you explaining what is causing the delay and what we are doing to overcome it, every ten days until the query is solved.

Our Services

If you are dealing in property in a way that involves a public deed, your first step will be to approach a Notary. We are also here considering people who may want to voluntarily register their property, as long as this property is within a registration area. Your notary will send you to the Land Registry to obtain a registration plan. You will need to give the Officer a clear indication of the location of the property concerned through landmarks or reference points so that he will be able to identify your property. You will be charged a minimum prescribed fee for this service.

The Search: Your next step will be to take the registration plan to your architect who will mark the relevant property on the plan and sign it. If necessary, he will also prepare a detailed plan. You will then return to your Notary who will fill in a search form (Form E) and attach the original registration plan together with the detailed plan. Your notary should then file these plans together with Form E at the Land Registry. Your notary must wait for the results of this search before any deed is completed. Following the search, you have the right to know whether:

• the property is in a registration area;

• the property is in a land registration area and has never been registered before;

• the property is in a land registration area and has been registered before;

• there are any hypothecs, privileges and / or cautions registered at the Land Registry; and / or

• any other known fact which may negatively influence your decision to deal in the property

We will normally charge your notary a minimum prescribed fee for the search. This charge is then passed on to you

Registering the Property: Within 15 days (as specified by legislation) from the date of the deed of transfer of property, and where the property is in a registration area, your Notary must apply for the registration of the property at the Land Registry. Your notary will do this by submitting Form A. This is applicable to both first-time registration and subsequent registration where the property has been previously registered.

Under the current legislation, you have a right to expect your notary to file this application within 15 days. You normally have a right to a guaranteed title over your property on the lapse of 10 years from the date of the application for registration. You have a right to be told of any problem that may crop up. If you cannot register all or part of your property due to an anterior application, you may lodge a caution.

You will be expected to provide us with proof of ownership, at least prima facie evidence. This includes the legal document on which your claim is based, such as a deed, the original registration plan and a detailed plan. We will charge your notary a minimum prescribed fee for the registration. This charge is then passed on to you.

Registering a Charge: If you'd like to register a charge; i.e. a hypothec or privilege on the property, your notary will submit Form B. You can expect us to process the registration of the charge within 20 working days from the lodging of the application. You have a right to be told of any problem that may crop up and you have a right to have charges registered in the chronological order in which they are submitted.

We will charge your notary a prescribed fee. This charge is then passed on to you.

If you would like to cancel or vary the original charge on the property, your notary will lodge Form C:

• you can expect us to process the registration of a cancellation or of a variation to a charge within a reasonable time from the lodging of the application;

• you have a right to be told of any problem that may crop up.

Cautions: Notices of application for a first registration are published in the Government Gazette. We will make an announcement should the medium change. A third party willing to object must lodge a caution within 10 years from registration (application). As a first step, everyone may examine the application submitted at the Land Registry. The Land Registrar may request further information from all parties involved in the issue. If the parties fail to agree, the person objecting will lodge a caution (Form D), supported by a sworn declaration and documents substantiating the claim. Appeals from any decisions by the Registrar will take place before the Court of Appeal. If nobody objects within 10 years, then, normally, the registration can no longer be challenged. The holder then has a guaranteed title. In the cautions procedure, where the Registrar makes a decision, an appeal is lodged against the decision, and subsequently a final decision is made, the registration is considered rectified.

A caution may also be lodged against a property not covered by a first registration. In this case, the Registrar takes note of the caution and informs the cautioner should anyone apply on the same site. What was stated above applies according to circumstances. In such instances, a caution is not tantamount to an application for registration and at any time after the caution, the cautioner may, and should, apply for the registration of the title. We will charge your notary a minimum prescribed fee. This charge is then passed on to you.

It is worth noting that:

• within a period of 10 years from registration, third parties have a right to lodge a caution if they have any rights or interests over the property;

• applicants have a right to be notified of the caution, including details thereof;

• parties can expect the Registrar to use his powers to try to achieve an amicable settlement before official proceedings are initiated;

• any of the parties have a right to legal representation in caution proceedings;

• customers have a right to appeal from the Registrar's decisions to the Court of Appeal;

• customers have a right to compensation for any loss or damages resulting from errors in the register, official copies and official searches and in certain other circumstances;

• applicants who are faced with frivolous cautions have a right to seek compensation from the cautioner.

• anyone who would like to object must do so within 10 years from registration (application), unless the title was issued within the parameters of the law as obtaining before July 1995;

• applicants who are asked to give further information must do so when requested;

• third parties lodging a caution must make a sworn declaration and both parties must abide by the rules of the Registrar as would be applicable in open court

• both parties must produce all necessary evidence to prove their case as directed by their legal representatives;

• all parties must pay the prescribed fees;

• if the applicant or the person objecting to the registration decides to start Court proceedings, the Registrar should be informed immediately

Note that in such instances, the Registrar stays proceedings pending the outcome of the court judgement. The Registrar must, in such instances, be a party to the suit, but he must never be called as a defendant; merely as an interested party for eventual registration of the court judgement.

The Registration of Administrators and Rules regulating Condominia

A condominium is a building or group of buildings where the ownership of the use or the enjoyment of the common parts thereof is vested pro indiviso in two or more persons and the ownership of the various separate units in the building or group of buildings is vested pro diviso in the same two or more persons. The Condominium Act (Cap. 398) aims at regulating, through general parameters, the relations between owners and in specific cases, tenants, thereby reducing conflicts concerning the common parts within a condominium. It gives direction and provides guidance as to how matters between the condomini are to be conducted.

If the number of owners of a condominium is four or more, then an administrator has to be appointed. If no agreement is reached, the matter can be referred to arbitration. If the condomini are two or three they can decide either to administer jointly or else to appoint an administrator. The law also gives the condomini the faculty to draw up a set of rules to regulate the use of the common parts, the apportionment of expenses thereto and other rules which concern the administration of the condominium.

The Land Registrar is bound by this Act to register the administrators of condominia and the rules regulating such condominia. Application 1 is lodged to register every appointment, change or removal of the administrator and Application 2 is lodged to register the rules regulating the condominium or amendments thereto. When rules are registered, the Land Registrar is bound to issue a notice in the Government Gazette. The Act also requires the Land Registrar to keep a register of the administrators.

Applications are to be prepared on size A4 paper according to the form and order prescribed and must be:

• typewritten

• in a state where they cannot be discoloured or blemished

• signed by the person submitting the application nor notice. The name in full has to be typed, stamped or handwritten in block letters underneath every signature

• when an annexture form is used, this should be attached to the form, numbered and signed by the persons who sign the form

The first application submitted must be accompanied by a Land Registry Plan indicating the site where the condominium is situated.

Fees

Learning From you!

Your complete satisfaction is essential to us. We will look into all complaints as they help us improve our service. We continuously strive to provide a service that meets your needs and we welcome any comments and suggestions for service improvement. Kindly give us your comments and suggestions by filling a Feedback Form attached with this charter and leaving it in the suggestion box which is available at our office or sending it by post.

We will acknowledge your complaint within three working days. We will conduct an investigation and provide you with a report explaining how your case is being dealt with within ten working days. Most complaints are likely to be settled at this stage. If you are not satisfied with the outcome of the report, you may appeal to the Registrar, who is the Director of the Land Registry. Finally, if you are still not satisfied with the outcome of your complaint, you may take the matter to the Ombudsman.

You can also lodge a compliant, make a suggestion or ask questions by accessing the Customer Care System at www.servizz.gov.mt

All information is correct at time of going to print. Updated information is available on the Charter Support Unit website.