The system of property ownership in Gibraltar is based on that of the United Kingdom.  Both leasehold and freehold ownership are available with the former being the most common.  

Title deeds of properties showing the historic and current owners are registered a tour Land Registry governed by the Gibraltar Land Titles Act 2011. Property law in Gibraltar is governed by the Land Law & Conveyancing Act 1895.

Who Can Own Property in Gibraltar?

In general, there is no national, residential or other restriction against any particular individual or company owning property in Gibraltar.

However, restrictions may apply to non-Gibraltarian nationals and non-residents when purchasing in certain developments, primarily, co-ownership developments granted by the Government of Gibraltar.

In general, there is no national, residential or other restriction against any particular individual or company owning property in Gibraltar.

However, restrictions may apply to non-Gibraltarian nationals and non-residents when purchasing in certain developments, primarily, co-ownership developments granted by the Government of Gibraltar.

Purchasers who buy directly from a developer will normally be granted a lease or underlease for a fixed term of years; typically 99 or 149 years. Subsequent purchasers will be granted an assignment of the number of years remaining on the lease/underlease.  

There is no restriction on the possible number of assignments which can be made. By buying a leasehold property you are effectively buying the right to remain in the property for a set period of time. All your rights and obligations will be contained in the lease/underlease.  

If the lease/underlease expires, the property will revert to the original owner/landlord. In practice, however, a new lease/underlease granting a further term is negotiated with the original owner/landlord.  In effect, this is a new purchase. A further sum of money will be payable to the owner/landlord but this tends to be much less than the original purchase price.

The lease/underlease will almost certainly include the requirement to pay both service charges and ground rent. Service charges normally cover the cost of the maintenance of the building and common parts as well as building insurance. The lease/underlease will normally state how the service charge amount is calculated and what costs it covers.

Ground rent is normally paid to the Gibraltar Government although the amounts tend to be minimal.

Buying a freehold property means you own the property and the land that comes with it for an indefinite period. With freehold property there are no leases or underleases and the document by which title is acquired is known as a conveyance.