What exactly does a notary do in a property transaction?

Crystallising agreement into a binding legal document

Notary Dr. Michael Laferla puts it precisely: the notary's core function is to put in writing what the parties have agreed to — the price, the terms, the conditions attached to the property being sold. The notary takes the verbal commitment between buyer and seller and converts it into a written legal instrument.

This sounds mechanical, but it's the entire foundation of what makes a property transaction legally enforceable in Malta. Verbal agreements to sell property have no legal effect under Maltese law. A handshake, an email, a verbal promise — none of these can compel a sale. Only a properly drafted, notarially-executed written agreement can do that.

The notary's role is to be the impartial author of that document. Both buyer and seller can rely on it because the notary acts neutrally — not as the buyer's lawyer or the seller's lawyer, but as a public officer whose role is to capture the agreement accurately and ensure it meets the legal requirements.

Why notarial documents carry "public faith"

A notary is not simply a witness or a contract drafter. Under Maltese law — specifically the Notarial Profession and Notarial Archives Act, Chapter 55 of the Laws of Malta — the notary is a public officer appointed for life by the President of Malta. Documents drawn up by a notary carry what's called "public faith" (fides publica) — meaning they have legal authority and evidentiary weight beyond what an ordinary private contract would have.

This is why a Konvenju (Promise of Sale) signed before a notary is binding on both parties, while a verbal or informally written agreement is not. The notarial execution is what gives the document its legal force.

The two key documents the notary drafts

In a typical property transaction, the notary drafts two distinct documents:

1. The Promise of Sale (Konvenju) — the preliminary binding agreement. Signed early in the process, it commits both buyer and seller to completing the sale within a defined period (typically 6 to 8 months, extendable by agreement) while the notary conducts due diligence and the buyer arranges financing.
2. The Final Deed of Sale — the definitive contract that transfers ownership. Signed at the end of the process, once all conditions in the Konvenju have been fulfilled. After signing, the notary registers the deed with the Public Registry, formally completing the transfer.

Both documents are drafted by the notary to reflect what the parties agreed — and to ensure that what they agreed is legally enforceable.

Beyond drafting: title searches and due diligence

While drafting is the notary's foundational function, it's not the only thing they do. The period between the Konvenju and the final deed is when the notary conducts the legal work that protects the buyer:

• Title verification — searching the Public Registry and Land Registry to confirm the seller is the legal owner of the property and has the right to sell it
• Encumbrance checks — verifying that the property is free of mortgages, hypothecs, liens, or other registered burdens that would transfer to the buyer
• Planning permit checks — confirming the property was built with proper permits from the Planning Authority and that no enforcement notices are outstanding
• Capacity verification — ensuring all parties to the transaction have the legal capacity to enter into it

If any of this due diligence uncovers issues, the notary's role is to flag them to the buyer and either resolve them before the final deed or terminate the transaction.

Financial oversight

The notary also handles the financial mechanics of the transaction:

• Holding the deposit — when the buyer pays the 10% deposit at the Konvenju, the standard practice is that the notary holds it in their client account (a regulated arrangement protecting the buyer's funds), releasing it on completion of the final deed
• Calculating and collecting stamp duty — 1% provisional stamp duty is due within 21 days of the Konvenju; the balance is paid at the final deed
• Registering payment with the Inland Revenue Department — ensuring all tax obligations are properly recorded

The Notarial Council of Malta publishes fee guidelines for notarial services; notary fees fall within these legal parameters, providing buyers some price transparency.

Public Registry registration

Once the final deed is signed, the notary registers the deed with the Public Registry of Malta, formally transferring ownership. This registration is what makes the transfer legally complete and publicly searchable — protecting the new owner from any future claims against the property's title.

Impartiality under the law

A point worth underlining: even though the notary is engaged and paid by the buyer (the buyer typically chooses the notary in Malta), the notary is bound by Chapter 55 to act impartially. They cannot favour the buyer's interests over the seller's beyond what the law requires. This impartiality is what makes the notary's certifications legally authoritative — both parties can rely on the document because neither party drafted it.

What the notary does not do

For completeness, it's worth noting what falls outside the notary's role:

• The notary does not physically inspect the property — that's a surveyor's or architect's role
• The notary does not assess the property's market value — that's a valuer's role
• The notary does not negotiate the price — that's the buyer's, seller's, and (where involved) estate agent's role

The notary handles the legal and procedural side of the transaction. The commercial and physical aspects are handled by other professionals.

Sources

• Dr. Michael Laferla — Yitaku Asks video (Q2), foundational framing
• Notarial Profession and Notarial Archives Act, Chapter 55 of the Laws of Malta
• Maltese Civil Code — property conveyance procedures
• Public Registry of Malta — registration requirements
• Inland Revenue Department of Malta — Konvenju registration, stamp duty
• Notarial Council of Malta — fee guidelines
• Planning Authority of Malta — permit verification standards