Can I subdivide my property in Malta and sell part of it separately?
- 01.07.2026
I own a property in Malta, and I’m concerned about what my legal liability would actually be if, hypothetically, some structural failure of my building were to cause damage to my neighbour’s adjoining property. I want to understand this potential liability, particularly if the actual cause turned out to be something like poor original construction rather than anything I personally did wrong.
Under Article 1039 of the Civil Code, Chapter 16 of the Laws of Malta, a property owner generally bears specific liability for damage caused by the ruin or collapse of their building, and this liability provision is notably structured in a way that doesn't necessarily require proving personal fault or negligence on your part as the current owner, since it can apply even where the underlying cause relates to defects in original construction or a general failure to maintain the building, reflecting the law's general position that the owner of a structure bears responsibility for the risks it poses to neighbours and the public regardless of who was originally responsible for creating the defect. This means that even if the original cause were genuinely traceable to poor construction work carried out by a builder years before you owned the property, you as the current owner could still potentially bear liability toward your neighbour for the resulting damage, though you might separately have your own claim against the original builder or previous owner depending on the specific circumstances and any applicable warranties or previous agreements. Given the potentially significant financial exposure this kind of building-related liability can create, maintaining adequate property insurance covering this type of risk is important, and if you have specific concerns about your building's structural condition or history, it would be worth having a structural engineer properly assess the property, alongside consulting a lawyer about your specific liability position and any potential recourse against parties responsible for the original defect.
This website uses cookies to personalize content and advertising messages, collect analytics, and for other purposes. You can read our cookie policy. If you agree to the use of cookies, click "Accept".