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Buying off-plan

The promise of sale (konvenju) in Malta

Reviewed and approved by Neil Bennett on 2026-10-26 · updated 2026-10-22

Rates may changeMalta’s Budget 2027 is due on 26 October 2026. Stamp duty rates and housing schemes can change in a Budget; the figures here were checked on 22 Oct 2026.
AI-generated illustration, not a real property

The promise of sale, or konvenju, is the agreement most Maltese property purchases rest on. On an off-plan purchase it is signed months or years before the final deed, and it is the document that decides what happens if anything goes wrong. This guide explains what the law says about it and what to check. It is not legal advice; your notary or advocate drafts and reviews the contract.

What it does in law

Under the Civil Code a promise to sell for a fixed price is not a sale. Once accepted, though, it obliges the seller to carry out the sale, or to make good the buyer's damages if the sale can no longer be carried out1.

The promise has a limited life. Its effect ends when the period agreed between the parties runs out. If no period was agreed, it ends three months from the day the sale could be carried out. The exception is where the buyer, before the period expires, formally calls on the seller to complete by judicial intimation, and then files a sworn application in court within thirty days if the seller still does not1. That is why the agreed period, and any extension, matter so much on a building that is still going up.

Notification and provisional duty

A promise of sale of immovable property is not valid unless notice of it is given to the Commissioner for Tax and Customs2. The rules set out how:

  • the notice is given by a notary or advocate engaged by the parties, by electronic submission3
  • it must be made within 21 days of the date the promise is signed3
  • the provisional duty is paid within 10 days of the Commissioner's approval, or within 21 days of the promise, whichever is later3
  • an extension of the promise must also be notified within 21 days of the extension3

The provisional payment is 20% of the duty that will be chargeable on the transfer, worked out from what is known when the promise is signed2. At the standard rate of €5 per €100 that is about 1% of the price. Where a lower rate or the first-time buyer exemption applies, the provisional payment falls with it. The rest of the duty is paid on the final deed.

The deposit

No law fixes the deposit; it is agreed. The Housing Authority describes 10% as the down payment usually required on signing the promise of sale, and its 10% Deposit Scheme helps eligible buyers aged 21 to 39 fund it with a bank loan4.

Find out who holds the deposit and on what terms it is returned. On an off-plan purchase, also find out whether any stage payments are due before the deed, and what each is tied to.

Clauses to read twice

  • Parties and property. The exact unit, floor, internal area and any garage or parking, with the plan attached.
  • Price and payments. Deposit, stage payments with dates or milestones, and the balance on the deed.
  • Duration. The period the promise lasts, and how it can be extended.
  • Conditions. Typically: bank loan approval, searches showing clean title, permits in order, and the building matching the permit.
  • Completion and penalties. The date the developer must finish its share, and what happens if it does not.
  • Specification. What state the unit will be in at the deed: shell, semi-finished or finished, described room by room. See what shell form means.
  • Common parts. What will be finished, to what standard and by when.
  • Access before the deed. Whether you or your contractors may enter to measure, survey or start work.

Corrections and copies

Corrections to a notified promise of sale and copies of it carry small fixed fees set out in the Act's schedule2. Ask your notary to confirm what is due.

Next steps

Questions people ask

What is a konvenju?

Konvenju is the Maltese word for the promise of sale: the preliminary agreement in which the seller promises to sell and the buyer promises to buy on set terms. It is not the sale itself; ownership passes on the final deed.

Does a promise of sale have to be registered?

It has to be notified to the Commissioner for Tax and Customs, through a notary or advocate, within 21 days of signing, with a provisional payment of duty. The Duty on Documents and Transfers Act says a promise of sale is not valid unless that notice is given.

How long does a promise of sale last?

As long as the parties agree. If no period is agreed, the Civil Code says it lapses three months from the day the sale could be carried out, unless the buyer formally calls on the seller to complete before then. Off-plan contracts usually set a longer period and may need extending.

Can a promise of sale be extended?

Yes, by agreement. The extension must be notified to the Commissioner for Tax and Customs within 21 days, through a notary or advocate, in the same way as the original promise.

Sources

  1. Legislation Malta, Civil Code (Cap. 16), article 1357 (promise to sell). · checked 22 Oct 2026
  2. Legislation Malta, Duty on Documents and Transfers Act (Cap. 364), articles 3(6), 32(1) and 32(4). · checked 22 Oct 2026
  3. Legislation Malta, Duty on Documents and Transfers Rules (S.L. 364.06), rule 10. · checked 22 Oct 2026
  4. Housing Authority, 10% Deposit Scheme. · checked 22 Oct 2026

General information, not legal, tax or financial advice. Ask your notary, advocate or perit about your own purchase. Provenance: drafted with an AI model (Claude, Anthropic) from the sources listed, and edited for this site.