Transfer of Immovable Property
The Immovable Property (Transfer and Mortgage) Law 9/65
Transfer of immovable property means the passing of the title of immovable property from one person (the transferor) to another (the transferee) by the voluntary act of such persons.
Completion of Form N.270 (Declaration of Transfer of Immovable Property). The certificate of registration (title) of the immovable property, which is to be transferred, must be attached thereto. Where the transfer of the property takes place at a Lands Office other than the Lands Office of the District where the property is situated Form N.270 must be completed in duplicate.
Completion of Form N.313.
Production of the receipts of payment of all fees, charges and taxes payable for theproperty under transfer. Such fees, charges and taxes may be one or more than the following:
➤ Immovable Property Tax.
➤ Capital gains tax.
(Receipts of payment for all the above taxes and duties may be obtained from the InternalRevenue Department).
➤ Sewerage Board Tax. (Receipt obtained from the Sewerage Board).
➤ Town rate. (Receipt obtained from the municipality in whose boundaries the property is situated).
➤ Communal rate. (Receipt obtained from the community in whose boundaries the property is situated).
All documents mentioned above must be completed and signed by the interested persons and deposited with the Lands Office accepting the transfer.
Acceptance of Transfer
The acceptance of the transfer is effected by order of priority. Both parties must appear either in person or by agent and produce their identity card or other documents proving the same before the Lands Officer accepting the transfer.
➤ Disabled persons must be represented by their lawful agent or any agent appointed by the Court or any other person.
➤ Corporate bodies are represented by those persons who manage their affairs in accordance with the statutes, the law or any regulation.
The procedure for acceptance is completed upon the calculation and the payment of the fees by the transferor to the Lands and Surveys Department.
The fees payable vary depending on the kind of transfer and are determined based on the assessed value, or on the market value of the property under transfer.
Assessed value means the value of the property recorded in the Land Register.
Time required for completion of the procedure
Transfers without particular problems may be completed within one hour. In this case the registration of the immovable property and the delivery of the titles to the parties may be made on the same day, provided all interested parties appear at the Office on time. If not, the title is issued on the next following days depending on the accumulated work volume and the available personnel.
For complex cases the public is advised to apply to the Competent Land Officer in charge of the Declarations Branch of the appropriate District Lands Office.