Airspace has become a highly prized commodity in Malta when buying an existing property and applies mostly to top floor apartments and penthouses. In fact, many buyers will only look at purchasing a property that is offered with the airspace, as the benefits are twofold: You can rest assured that no-one will be able to build above you and you alone will have the right to utilize the space for future construction.
Airspace in Malta can also be sold without any attachment to the underlying property, as it is considered as a separate property type unless it is stated otherwise in the purchase agreement. Always make sure you have a clear legal and binding definition in the contract whether the property you are interested includes or excludes ownership of the airspace. Also be sure to find out what constitutes common parts so there are absolutely no future disputes about existing and new owner’s rights.