What clauses should be in your Konvenju in Malta?

Dr. Michael LaferlaNotary · Notary, Notarial Council of Malta

BuyingReviewed: 25 June 2026

The short answer

A Konvenju usually carries protective clauses that make the purchase conditional: that an architect confirms the property has all necessary permits and is structurally sound, that there are no debts or court cases affecting it, and — where you are financing — that you actually obtain your bank loan (the "subject to sanction of loan" clause). If a condition isn't met, you are not bound to proceed and your deposit is protected.

The clauses exist to protect the buyer

As Dr. Laferla explains, "there are various clauses that one can include in a promise of sale," and the main ones make the purchase subject to certain things being true. Each operates as a condition: if it fails, the buyer can withdraw without losing the deposit.

The clauses he highlights

Subject to an architect's report — confirming the property is covered by all necessary permits and is structurally sound. This is the buyer's assurance that what they are buying is both legal and physically sound.
No debts on the property — no outstanding hypothecs or charges that would otherwise follow the property to the new owner. The notary's title searches verify this.
No court cases affecting the property — no pending litigation over ownership or rights.
Subject to a bank loan — where the buyer is financing, the Konvenju is made conditional on the loan being sanctioned (the "subject to sanction of loan" clause), so a refusal does not trap the buyer.

Why it matters

These clauses turn the promise of sale from a blind commitment into a protected one — the buyer commits, but only if the property checks out legally, structurally and financially. Drafting them properly is a core part of the notary's role.

Sources

Dr. Michael Laferla — Yitaku Asks video (main protective clauses in a promise of sale)
Civil Code of Malta, Chapter 16 — Article 1357 (conditions in the promise of sale)
Maltese notarial practice — architect's report, title searches, subject-to-loan clause
Notarial Profession and Notarial Archives Act, Chapter 55 — the notary's drafting role