TRANSFER OF LEASE/LEASEHOLD

CITIZENS/COMPANIES

TRANSFER OF LEASE/LEASEHOLD

Who it concerns:

Any lease or sublease registered with the Department of Lands and Surveys may be transferred for a period exceeding 15 years unless such transfer is prohibited in the lease agreement. Where such prohibition exits, the lessor’s or sublessor’s consent or a Court order must be obtained for the registration of such lease or sublease.

Required Documents / Conditions / Samples:

Two Appointment Forms, filled in electronically.
Application N.306
Tax Clearance Certificate (Immovable Property Tax) / Capital Gains Tax / Central Body for the Equal Distribution of Burdens Levy) Form N313
Receipt obtained from the Municipality or the Community Council in whose boundaries the property is situated, indicating that all taxes have been paid
Receipt obtained from the Sewerage Council in whose boundaries the property is situated, indicating that all taxes have been paid
Receipt obtained from the appropriate Water Board or appropriate Local Administration Authority:

Receipt indicating that the tax is paid or
Certificate stating that the property does not fall within the limits of the Water Supply Authority

How to submit:

The submission of all necessary documents is effected at the DLO you wish to have the legal transaction processed. Once the validity and completeness of the documents have been verified by the DLO, you shall be notified of the date and the time of the appointment to process the transaction, either by telephone or via e-mail

Fees / Charges:


a) Upon gift or sale by parents to children or gift between husband and wife or between relatives up to third degree of kindred:€50.00
b)Upon gift by parents to children or between relatives up to third degree of kindred or between husband and wife: five per cent (5%)on the market value of the leasehold
c) Upon sale, other than by parent to child, the fees are charges based on: - five per cent (5%) the sale price or the market value of the leasehold, whichever amount of the two is approved by the Director
Notes: Fees are levied at the date that the application is submitted for the registration of a lease or sublease or at the acceptance date of the transfer of lease. The market value of the lease is determined by the Director of the Department of Lands and Surveys. The lessee, sub-lessee or transferee during a transfer of encumbrance, is entitled to dispute the value determined by the Director. In such a case, a valuation takes place after a local enquiry inspection, and the interested person is notified of the result of the valuation the latest within three months from the date that the application was submitted or from the acceptance of the transfer. The interested person is entitled to file to Court an application/appeal against the Director’s decision.
d) Upon exchange of the leasehold with another or exchange of the leasehold with other property, fees are paid from each party taking part on the transaction: €50.00
e) Upon sale at a public auction, fees amounting to 5% based on the sale price.
f) Upon registration / transfer of the lease by will to a non-legal heir (legatee), 5% fees are charged based on the market value of the lease on the day of the legator’s death. In case the legatee is the child or husband/wife or a relative of the legator up to third degree of kindred, €50.00 fees for each registration.