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Dubai Real Estate Law

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Issue Year 2019

Vision Mission
To Position Dubai as the To create an innovative and
World’s premier real estate sustainable real estate
destination, and a byword environment that shall promote
for innovation, trust and Dubai the World’s happiest city
happiness. through:

• Smart services.
• Professional human and financial
resources.
• Integrated Real Estate Legislations
of Dubai.

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INDEX INDEX

Law No. (6) of 2019 Concerning Law No. (9) of 2009 Amending
Ownership of Jointly Owned Real Property in the Emirate of Dubai 07 Law No. (13) of 2008 Regulating the Interim Real Property Register in 113
................................................................................................................................................................................... the Emirate of Dubai
Law No. (4) of 2019 Concerning ...................................................................................................................................................................................
The Real Estate Regulatory Agency 35 Law No. (19) of 2017 Amending Law No. (13) of 2008
................................................................................................................................................................................... Regulating the Interim Real Property Register in the Emirate of Dubai 117
Decree No. (31) of 2016 Concerning ...................................................................................................................................................................................
The Mortgage of Granted Land in the Emirate of Dubai 41 Executive Council Resolution No. (6) of 2010 Approving the Implementing
................................................................................................................................................................................... Bylaw of Law No. (13) of 2008 123
Executive Council Resolution No. (37) of 2015 Regulating the Real Property Regulating the Interim Real Property Register in the Emirate of Dubai
Valuation Profession in the Emirate of Dubai 49 ..................................................................................................................................................................................
.................................................................................................................................................................................. Executive Council Resolution No. (25) of 2009 Approving
Law No. (7) of 2013 Fees and Fines of the Real Estate Regulatory Agency 133
Concerning the Land Department 63 ..................................................................................................................................................................................
.................................................................................................................................................................................. Law No. (14) of 2008 Concerning
Decree No. (43) of 2013 Determining Mortgage in the Emirate of Dubai 139
Rent Increase for Real Property in the Emirate of Dubai 71 ..................................................................................................................................................................................
.................................................................................................................................................................................. Law No. (26) of 2007 Regulating the Relationship between
Decree No. (26) of 2013 Concerning Landlords and 149
The Rental Disputes Settlement Centre in the Emirate of Dubai 75 Tenants in the Emirate of Dubai
.................................................................................................................................................................................. .................................................................................................................................................................................
Executive Council Resolution No. (30) of 2013 Law No. (33) of 2008 Amending Law No. (26) of 2007 Regulating the
Approving Fees of the Land Department 87 Relationship between Landlords and Tenants in 161
................................................................................................................................................................................. the Emirate of Dubai
Decree No. (4) of 2010 Regulating the Transfer of Title to .................................................................................................................................................................................
Granted Industrial and Commercial Land in the Emirate of Dubai 99 Law No. (8) of 2007 Concerning Escrow Accounts for Real
................................................................................................................................................................................. Property Development in the Emirate of Dubai 169
Decree No. (56) of 2009 Forming a Special Tribunal to Determine .................................................................................................................................................................................
Cheque Disputes Relating to Real Property Transactions 103 Law No. (7) of 2006 Concerning
................................................................................................................................................................................. Real Property Registration in the Emirate of Dubai 177
Law No. (13) of 2008 Regulating the .................................................................................................................................................................................
Interim Real Property Register in the Emirate of Dubai 107 Law No. (7) of 2019 Amending Law No. (7) of 2006 Concerning
................................................................................................................................................................................. Real Property Registration in the Emirate of Dubai 187
Law No. (9) of 2009 Amending ..................................................................................................................................................................................
Law No. (13) of 2008 Regulating the Interim Real Property Register in the 113 By law No. (85) of 2006 Regulating the Real Property Brokers
Emirate of Dubai Register in the Emirate of Dubai 191

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INDEX

Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of
Real Property in the Emirate of Dubai 203
...................................................................................................................................................................................
Regulation No. (1) of 2010 Amending Regulation No. (3) of 2006 Determining Areas for Law No. (6) of 2019
Ownership by Non-UAE Nationals of Real Property in the Emirate of Dubai 207
...................................................................................................................................................................................
Concerning
Regulation No. (1) of 2011
Adding Land to the Areas for Ownership by
211
Non-UAE Nationals of Real Property in the Emirate of Dubai Ownership of Jointly Owned Real
...................................................................................................................................................................................
Regulation No. (2) of 2012 Property in the Emirate of Dubai
Adding Land to the Areas for Ownership by 215
Non-UAE Nationals of Real Property in the Emirate of Dubai
..................................................................................................................................................................................
Regulation No. (3) of 2012
Adding Land to the Areas for Ownership by 219
Non-UAE Nationals of Real Property in the Emirate of Dubai
.................................................................................................................................................................................
Resolution No. (14) of 2015 Adding Land to the Areas for Ownership by Non-UAE
Nationals of Real Property in the 223
Emirate of Dubai
.................................................................................................................................................................................
Resolution No. (8) of 2016
Adding Land to the Areas for Ownership by 229
Non-UAE Nationals of Real Property in the Emirate of Dubai
.................................................................................................................................................................................
Resolution No. (18) of 2019
Adding Land to the Areas for Ownership by Non-UAE Nationals of 235
Real Property in the Emirate of Dubai

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Law No. (6) of 2019 Definitions
Concerning Article (2)
Ownership of Jointly Owned Real Property in the Emirate of Dubai
The following words and expressions, wherever mentioned in this Law, shall have the
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, meaning indicated opposite each of them unless the context implies otherwise:
After perusal of:
Federal Law No. (5) of 1985 Issuing the Civil Code of the United Arab Emirates and its Emirate : The Emirate of Dubai.
amendments; Government : The Government of Dubai.
Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai; Executive Council : The Executive Council of the Emirate of Dubai.
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; DLD : The Land Department.
Law No. (27) of 2007 Concerning Ownership of Jointly Owned Real Property in the Emirate RERA : The Real Estate Regulatory Agency.
of Dubai; RDSC : The Rental Disputes Settlement Centre in the Emirate.
Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai Competent Authority : The authority in charge of issuing building permits and
and its amendments; approving community plans in the Emirate.
Law No. (7) of 2013 Concerning the Land Department; Director General : The director general of the DLD.
Decree No. (22) of 2009 Concerning Special Development Zones in the Emirate of Dubai; CEO : The chief executive officer of RERA.
Decree No. (17) of 2013 Concerning Licensing and Classification of Hotel Establishments in Real Property Register : The register regulated pursuant to the above-mentioned Law
the Emirate of Dubai; No. (7) of 2006.
Decree No. (26) of 2013 Concerning the Rental Disputes Settlement Centre in the Emirate Master Developer : A Person who is licensed to conduct Real Property
of Dubai; and development business in the Emirate and to dispose of Real
The legislation establishing and regulating free zones in the Emirate of Dubai, Property units to others, and who is classified as a master
developer in accordance with the legislation in force in the
Do hereby issue this Law. Emirate.
Sub-developer : A person who is licensed to conduct Real Property
Title of the Law development business in the Emirate and to dispose of Real
Article (1) Property units to others; who is granted by a Master
Developer the right to develop part of a Master Project,
This Law shall be cited as “Law No. (6) of 2019 Concerning Ownership of Jointly Owned in accordance with the provisions of a Master Community
Real Property in the Emirate of Dubai”. Declaration; and who is classified as a sub-developer in
accordance with the legislation in force in the Emirate.
Developer : A Master Developer or a Sub-Developer.
Master Project : A project which involves developing vacant land, constructing
infrastructure and common service facilities thereon,
subdividing that land for the purpose of sale, and
constructing residential, commercial, or mixed-use multi
storey buildings or compounds; and which is classified
by RERA as a master project in accordance with the relevant
criteria approved by the Director General.

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Jointly Owned Real Property : A building, including the parts and appurtenances Designated Common Parts : The Jointly Owned Real Property parts, connections,
allocated for common use, and the land on which fittings, equipment, or facilities designated for
that building is constructed; or land which is exclusive use by certain Owners rather than others.
subdivided into Units or land plots intended for Developer-owned Areas : The areas and spaces, other than Common Facilities
individual ownership. and Common Parts, that are specified on a Master
Major Project : Any Jointly Owned Real Property designated as a Plan or a Site Plan, owned by the Developer, and
major project in accordance with the relevant criteria designated by him for private, commercial, or
approved by the Director General. investment use.
Hotel Project : Any Real Property whose Units are intended for joint Owner : A Person registered in the Real Property Register as
ownership, and which is licenced for use as a Hotel an Owner of a Unit, including the holder of a
Establishment by the Competent Authority. This usufruct or long-term lease right pursuant to the
includes hotels, hotel villas, hotel apartments, and above-mentioned Law No. (7) of 2006; or a
hotel rooms. Developer in respect of unsold Units.
Unit : A flat, shop, office, warehouse, floor, whole or part Master Community Declaration : The conditions and provisions governing the
of a land plot, town house, or independent house development and operation of a Master Project and
that constitutes part of Jointly Owned Real Property the Jointly Owned Real Property and Common
and is intended for residential, commercial, Facilities therein, including the planning and
industrial, or any other use. construction standards of the Master Community.
Master Plan : A set of plans and design and engineering drawings Building Management Regulation : A document prepared in accordance with the
of a Master Project which are prepared by the relevant bylaws issued by the DLD, and entered in
Master Developer and approved by the DLD and the the Jointly Owned Real Property Register, which
Competent Authority. states the procedures for maintenance of Common
Site Plan : A map prepared by the Developer, and approved by Parts, including equipment and services in any part
the DLD and the Competent Authority, which of another building, and the percentages of
delineates the boundaries of a building in Jointly contribution of Owners in the relevant costs.
Owned Real Property. Owners Committee : A committee constituted from amongst Owners in
Plans : These include Master Plans and Site Plans. accordance with the provisions of this Law.
Common Facilities : The areas and spaces demarcated on a Master Statute : The rules and provisions governing an Owners
Plan as common facilities which are owned by Committee, which are established and approved in
the Developer, subject to ownership limitations, accordance with the provisions of this Law.
and are designated for common use and for serving Service Charges : The annual charges collected from Owners to cover
the Master Project. This includes gardens, landscape the cost of management, operation, maintenance,
areas, fountains, streets, ponds, swimming pools, and repair of Jointly Owned Real Property.
playgrounds, public areas, public car parks, Usage Charges : The annual charges collected from Owners or
pedestrian walkways, beaches, and other facilities. Sub-developers in return for the management,
Common Parts : The parts of Jointly Owned Real Property, as shown operation, maintenance, and repair of Common
on the Site Plan, designated for common use by the Facilities.
Owners and Occupants of Units.

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Occupant : Any person using a Unit for its intended purposes, Jointly Owned Real Property Register
including an Owner, a tenant, or any other person Article (4)
authorised by the Owner to use the Unit.
Management Company : A sole proprietorship or a company recognised by a. The DLD shall maintain a special register of Jointly Owned Real Property, which contains
RERA and specialised in managing Common the following:
Facilities, Jointly Owned Real Property, or Common 1. details of the land plots owned by Developers on which Jointly Owned Real Property
Parts, as the case may be. are to be constructed;
Hotel Project Management Company: A sole proprietorship or a company recognised by 2. details of Units that are intended for individual ownership in Jointly Owned Real
RERA and specialised in managing Hotel Projects Property and sold by Developers, and names of Owners of these Units;
and their Common Parts in accordance with the 3. details of members of Owners Committees;
provisions of this Law. 4. Building Management Regulations;
Management Entity : An entity in charge of managing Common Facilities, 5. Plans;
Jointly Owned Real Property, or Common Parts in 6. details of Management Entities;
accordance with the provisions of this Law. This 7. the contracts for management of Jointly Owned Real Property or Common Parts;
includes Developers, Management Companies, or 8. statement of the total area of Common Parts and Designated Common Parts, and its
Hotel Project Management Companies, as the case ratio to the total area of Units in Jointly Owned Real Property; and
may be. 9. details of Developer-owned Areas in Jointly Owned Real Property.
Utility Services : These include water connection or supply; gas b. Upon the request of concerned parties, the DLD shall issue the certificates, deeds,
connection or supply; electricity; air conditioning; or other documents related to Units or Jointly Owned Real Property based on the
telephone; computer, television, and information in the register referred to in paragraph (a) of this Article. Any interested
telecommunication cables; sewerage; rain water party shall have the right to access that register.
drainage; garbage and waste removal or disposal;
mail, parcel, or cargo delivery; and horticulture and Ownership Rules
agriculture services, as well as any systems or Article (5)
services intended for improving Common Facilities
or Common Parts. The rules and conditions stipulated in the above-mentioned Law No. (7) of 2006 shall
apply to the ownership of Jointly Owned Real Property.
Scope of Application
Article (3) Jointly Owned Real Property Title Deeds
Article (6)
The provisions of this Law shall apply to all Master Projects and Jointly Owned Real
Property in the Emirate, including those in Special Development Zones and in free zones. a. The Plans, Master Community Declaration, Statute, and Building Management
Regulation shall constitute part of the title deed of Jointly Owned Real Property. The
DLD shall maintain an original copy of each of these documents.
b. An Occupant shall be under an obligation towards the Developer, the Owner, the
Occupants of other Units, and the Owners Committee to comply with the Master
Community Declaration, Statute, and Building Management Regulation to the extent
that their provisions apply to that Occupant.

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c. A Developer must, upon completing the construction of the Jointly Owned Real 8. any other parts outside the boundaries of Units which are necessary or required
Property and obtaining a completion certificate from the Competent Authority, file for the existence, maintenance, sustainability, safety, or operation of the Jointly
the documents referred to in paragraph (a) of this Article with the DLD within sixty Owned Real Property; and
(60) days from the date of issue of the completion certificate. The DLD may extend 9. any other Common Parts indicated on the Site Plan.
this time limit for a period not exceeding thirty (30) days, provided that the Developer b. The Common Parts of a land plot include, without limitation, the following:
provides valid reasons for the extension that are acceptable to the DLD. 1. roads, roundabouts, intersections, pathways, pavement edges, median strips,
d. The Developer›s obligation under paragraph (c) of this Article does not include filing viaducts, drainage systems, and all related structures;
the Building Management Regulation where it is prepared by RERA. 2. unless otherwise indicated on the Site Plan, lakes; ponds; canals; parks; fountains;
e. Where the Developer fails to submit the documents referred to in paragraph (a) of this water features; and other waterways, including all equipment related thereto;
Article within the time limit stated in paragraph (c) thereof, the DLD may request any 3. unless otherwise indicated on the Site Plan, landscape areas; public areas;
entity, as it deems appropriate, to file and maintain these documents with the DLD; in playgrounds; rest areas; and car parks designated for use by the Management
which case, the Developer shall be held liable for all the expenses and costs incurred in Entity, the Owners Committee, or visitors;
this regard. 4. the wires, cables, pipes, drains, ducts, machinery, and equipment used to supply
f. The DLD shall issue and update the maps of Common Parts, Designated Common Units or Common Parts with various services;
Parts, and Common Facilities in accordance with the provisions of this Law. 5. equipment used for measuring the provision or supply of Utility Services; and
6. any other Common Parts indicated on the Site Plan.
Components of Common Parts
Article (7) Developer-owned Areas
Article (8)
a. The Common Parts of a building include, without limitation, the following:
1. the structural components of the Jointly Owned Real Property, including the main When obtaining the approval of a Master Plan or Site Plan for the first time, the Developer
supports, foundations, columns, structural walls, ceilings, ceiling joists, staircases, may, subject to the approval of the DLD and the Competent Authority, designate areas
stairwells, fa ades, and roofs; owned by the Developer on the Master Plan or Site Plan for private, commercial, or
2. unless otherwise indicated on the Site Plan, thresholds; halls; parking aisles; investment use. This approval may only be granted, and the Developer-owned areas may
entrances; emergency exits; and windows in external walls; only be used, subject to the provisions of the Master Community Declaration and the
3. unless otherwise indicated on the Site Plan, watchmen rooms; recreational facilities rights of Owners.
and equipment; swimming pools; gardens; storage facilities; offices; and car parks
designated for use by the Management Entity, the Owners Committee, or visitors; Unit Components
4. equipment and systems of main utilities, including electricity generators; lighting Article (9)
systems; gas, cold and hot water, and heating and cooling systems and equipment;
air conditioning systems; and waste collection and treatment facilities; a. Unless otherwise indicated on the Site Plan, each Unit in a building or part of a building
5. elevators, tanks, pipes, generators, chimneys, ventilation fans and ducts, air includes, without limitation, the following:
compressor units, and mechanical ventilation systems; 1. floors and flooring materials and components down to the base of the joists, and
6. water mains; sewer pipes; gas pipes and chimneys; and electrical and other structures supporting the floor of the Unit;
telecommunications towers, wiring, and conduits serving the Owners of more than 2. plaster ceilings and all other types of ceilings, additions that form part of the
one (1) Unit; interior of the Unit, spaces between such ceilings, ceilings above the support walls
7. equipment used for measuring the provision or supply of Utility Services; and structures inside the Unit, and walls separating the Unit from other parts of
the Jointly Owned Real Property or any adjacent Units or Common Parts;

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3. the internal area, non-support internal walls, and surrounding walls of the Unit; legislation and instructions referred to in paragraphs (a) and (b) of this Article. The
4. windows, glass, fixtures that form part of the internal windows, lighting systems, Director General may prescribe the cases in which Owners may purchase additional
doors, door frames, and all equipment and fixtures serving the Unit; car parks.
5. bathrooms and other integral parts of the Unit, such as balconies and other
ancillary parts allocated to the Owner; Ownership of Interest in Common Parts
6. facilities attached or allocated to the Unit, such as gardens, car parks, storage Article (11)
rooms, or watchmen rooms, even if such facilities are not adjacent to the unit,
provided that these facilities are attached to the Unit and their area is not included An Owner, or a Developer in respect of unsold Units, shall own an undivided interest in
in the net area of the Unit; Common Parts. This interest shall be determined based on the ratio of the Unit area to the
7. internal connections serving the Unit; total area of the Jointly Owned Real Property.
8. fixtures and fittings installed by the Occupant;
9. additions, modifications, and improvements made to the Unit from time to time; Disposing of Jointly Owned Real Property Units
and Article (12)
10. any other components indicated on the Site Plan.
b. For the purposes of application of the provisions of paragraph (a) of this Article, a Unit A Unit Owner may sell or dispose of his Unit in any legal manner, and may mortgage his
does not include the Utility Services therein which serve the Common Parts or any Unit to any bank or financing institution licensed to operate in the Emirate.
other Unit.
c. Unless otherwise indicated on the Site Plan, each Unit in any Jointly Owned Real Subdivision of Jointly Owned Units
Property comprising land, rather than a building or part of a building, shall include, Article (13)
without limitation, everything within the boundaries of the Unit other than the Utility
Services that serve the Common Parts or any other Unit. A Unit jointly owned by two (2) or more Persons may not be subdivided amongst them
d. Each Unit intended for individual ownership is entitled to the right of way in other unless that subdivision is permitted under the Master Community Declaration; the DLD
Units or land plots, and in Common Parts. approval is obtained; and the necessary licenses are granted by the Competent Authority.
e. The dividing walls between two (2) adjacent Units shall be shared by the Owners of
both Units, provided that these walls are part of the Common Parts. Pre-emption Rights
Article (14)
Car Parks designated for Units
Article (10) a. A co-owner of a Unit shall have a pre-emption right to purchase another co-owner’s
share in the Unit if that share is offered for sale or disposition to a non-Owner. Where
a. The car parks allocated or designated to a Unit under the legislation applicable by the more than one (1) co-owner exercises this right, each of them shall be entitled to
Competent Authority shall be deemed an integral part of the Unit, and may not be purchase a share proportional to his existing share in the Unit.
separated, or sold independently, from that Unit. b. The pre-emption right prescribed under paragraph (a) of this Article shall not be
b. A Developer must register Units and their designated car parks in the names of established in case of sale or disposition of the co-owner’s share to any ascendants,
respective Owners in accordance with the relevant instructions issued by the Director descendants, spouse, relatives up to the fourth degree, or in-laws up to the second
General. In all events, a Unit may not be sold or disposed of without the car parks degree.
designated to it.
c. An Owner may purchase additional car parks, provided that such car parks are in
excess of those designated for all Units in the Jointly Owned Real Property under the

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Exercise of Pre-emption Rights Disposition of Common Parts and Common Facilities
Article (15) Article (17)

a. A pre-emption right may not be divided and may only be exercised or waived in whole. a. In all events, Common Parts may neither be converted into private property; nor
In case of multiple co-owners, each of them may exercise his pre-emption right in subdivided; nor disposed of in whole or in part, independently from the Units to which
proportion to his share in the relevant Unit; and if any of them waives his right, it shall they pertain, without first obtaining the approval of the DLD and the Competent
be transferred to the other co-owners in proportion to their existing shares. Authority. This applies even if the building to which the Common Parts belong is under
b. A pre-emption right shall be forfeited if the co-owner offering to sell or dispose of his construction. The Director General shall issue a resolution prescribing the rules for
share serves on the other co-owners, through a notary public, a written notice that using the proceeds generated from such a conversion, subdivision, or disposition.
states the name and address of the third-party purchaser and the terms of sale, but b. Unless the relevant prior approvals of the DLD and the Competent Authority are
none of these co-owners agrees to such terms of sale within thirty (30) days from obtained, it is prohibited to dispose of Common Facilities in any manner whatsoever;
receipt of that notice. or utilise, alter, redesign, or shut down these facilities in a manner that restricts their
c. Where a co-owner agrees to purchase the offered share, he must notify his intention use by Owners.
to the co-owner offering to sell or dispose of his share, through a notary public, within
the notice period referred to in paragraph (b) of this Article; and must finalise the sale Management of Common Parts
procedures with the DLD within no later than ten (10) working days from the date of Article (18)
expiry of that notice period.
d. If it is proven that the sale made pursuant to this Article is concluded under terms that a. For the purposes of management of Common Parts, Jointly Owned Real Property is
are more favourable to the purchaser than those mentioned in the notice sent to the classified into three (3) categories as follows:
co-owners having the pre-emption right, these co-owners may file, with the RDSC, 1. Category 1: Major Projects Projects in this category shall be determined in
claims against the seller for compensation for the damage they have sustained. accordance with the criteria prescribed under the relevant resolution issued by
the Director General. The Developer shall be responsible for the management,
Leasing out Units operation, maintenance, and repair of Common Parts and Utility Services. A Major
Article (16) Project shall have an Owners Committee constituted of members selected by RERA
from amongst Owners residing in the Jointly Owned Real Property. The duties of
a. An Owner may lease out his Unit, provided that he and the tenant remain under an the Owners Committee shall be determined pursuant to the Statute and the rules
obligation towards other Owners and Occupants, the Owners Committee, and the and conditions prescribed under the relevant resolutions of the Director General.
Management Entity to comply with the Statute, the Master Community Declaration, 2. Category 2: Hotel Projects These are projects wherein the management of Common
and the Building Management Regulation. Parts must be outsourced by the Developer to a Hotel Project Management
b. Unless otherwise stipulated in the Unit lease agreement, the Owner shall be liable Company in accordance with the relevant rules approved by the Director General.
to pay the Service Charges and Usage Charges. In all events, the Owner may not be A Hotel Project shall have an Owners Committee constituted of members selected
discharged from his liability to pay the Service Charges and Usage Charges if the by RERA if the Hotel Project Management Company expresses its wish that such
tenant fails to pay the same as prescribed under this Law. a committee be constituted. This Owners Committee shall not be authorised to
participate in the management of the Hotel Project or its Common Parts.
3. Category 3: Real Property Projects Other Than Major Projects and Hotel Projects
These are Real Property projects other than those falling in Category 1 and Category
2, as referred to in this paragraph. The management of Common Parts in these
projects shall be undertaken by a specialised management company selected and

18 19
contracted by RERA in accordance with the relevant rules and standards approved c. If a part of the Jointly Owned Real Property is developed in phases, the Building
pursuant to the relevant resolution issued by the Director General. A Real Property Management Regulation for that developed part must be issued.
project in this category shall have an Owners Committee constituted of members
appointed by RERA as prescribed under this Law. Master Community Declarations
b. Where the Jointly Owned Real Property includes a project of Category 2 and a project Article (21)
of Category 3, as referred to in paragraph (a) of this Article, the Common Parts in
that Jointly Owned Real Property shall be outsourced to a Hotel Project Management The Master Developer of a Master Project shall issue the Master Community Declaration
Company. In this case, the Jointly Owned Real Property shall have a single Owners of that project before making any legal disposition in respect of the land, buildings, or
Committee constituted of members appointed by RERA as prescribed under this Law. Units of the project. The Master Community Declaration must be approved by RERA. Any
c. The Developer may outsource all or any of his duties, and delegate all or any of his amendment to that Master Community Declaration, affecting in any way the rights of
responsibilities, under sub-paragraph (a)(1) of this Article to a Management Company purchasers, may not be made without first obtaining the relevant approval of RERA.
in return for the fees, and subject to the conditions, agreed upon by both parties. This
agreement must be approved by RERA. Owners Committees
d. In case of absence of a Developer in a project that falls in Category 1 or Category 2, as Article (22)
stated in paragraph (a) of this Article, a Management Company shall be appointed by
RERA. a. The Owners Committee of a Real Property project that falls in Category 1 or Category 3,
as stated in paragraph (a) of Article (18) of this Law, shall be constituted of a maximum
Management of Common Facilities of nine (9) members appointed by RERA, including the committee chairman and vice
Article (19) chairman.
b. An Owners Committee shall be constituted upon the registration of at least ten
The Master Developer of a Master Project shall undertake the management and percent (10%) of the total Units of the Jointly Owned Real Property on the Real Property
maintenance of the Common Facilities in that project. The Master Developer must Register in the names of their respective Owners.
outsource such management and maintenance to a Management Company pursuant to c. A member of an Owners Committee must:
a written agreement approved in advance by RERA. 1. be of full legal capacity;
2. be an Owner residing in the Jointly Owned Real Property;
Building Management Regulations 3. be of good character and repute;
Article (20) 4. pay the Service Charges and Usage Charges; and
5. attend, and actively participate in, the meetings of the Owners Committee.
a. A Developer shall issue the Building Management Regulations of the Major Projects d. A Developer may be a member of the Owners Committee only if he owns unsold Units
and Hotel Projects managed by that Developer. Building Management Regulations in the Jointly Owned Real Property.
must be approved by RERA before making any legal disposition in respect of the Units e. An Owners Committee shall elect from amongst its members the chairman of that
comprising the Jointly Owned Real Property in the Major Project or Hotel Project in committee, who shall represent it before the Management Entity and RERA.
accordance with the provisions of this Law, the resolutions issued in pursuance hereof, f. The provisions and conditions stipulated in this Law, the resolutions issued in pursuance
and the Master Community Declaration. hereof, and the Statute shall apply to Owners Committees.
b. RERA shall issue the Building Management Regulations of Jointly Owned Real Property g. Subject to the provisions of this Law, RERA shall issue Statutes.
other than the projects referred to in paragraph (a) of this Article, provided that h. The membership of an Owner in the Owners Committee shall be terminated if he
such Jointly Owned Real Property has no Building Management Regulation. In this ceases to meet any of the membership requirements stipulated in paragraph (c) of
regard, RERA may engage any specialised company to assist it in drafting the Building this Article, in which case RERA shall appoint a replacement member who meets these
Management Regulation. requirements.

20 21
i. RERA may, at any time, reconstitute an Owners Committee, provided that the new the Management Entity fails to address them within fourteen (14) days from the date
members meet the Owners Committee membership requirements. of being notified of the same;
5. request RERA to replace the Management Entity of any Real Property project that
Meetings of Owners Committees falls in Category 3, as stated in paragraph (a) of Article (18) of this Law; and provide
Article (23) appropriate advice to RERA on the selection and appointment of a new Management
Entity;
a. An Owners Committee shall be regularly convened every three (3) months, i.e. four (4) 6. notify the Management Entity or RERA of any defects in the structural parts of the
times a year; and its first meeting shall be convened within thirty (30) days from the Jointly Owned Real Property; or any damage to, or defect in, the Common Parts that
date of its constitution. Meetings of the Owners Committee shall be valid if attended requires urgent repair;
by the majority of its members, provided that its chairman or vice chairman is in 7. coordinate with RERA, the Management Entity, or the Competent Authority with
attendance. respect to any safety, environmental, security, or other matter related to the Jointly
b. Where necessary, the Owners Committee may convene an extraordinary meeting, Owned Real Property; and
provided that it notifies RERA in advance of the date and time of this meeting and the 8. submit to the Management Entity any proposals regarding the method of use of
reasons for convening the same. Common Parts; or regarding amendment of the Building Management Regulation, in
c. When voting on the resolutions and recommendations of the Owners Committee, which case the amendment must be approved by RERA.
each of its members shall have one (1) vote, whether he owns one (1) Unit or multiple
Units in the Jointly Owned Real Property. In the event of a tie, the chair of the meeting Service Charges
shall have a casting vote. Article (25)
d. The Management Entity must designate a place for holding the Owners Committee
meetings, and must appoint a rapporteur of the Owners Committee to prepare the a. An Owner shall pay to the Management Entity his share of the annual Service Charges
reports and minutes of these meetings. to cover the Common Parts management, operation, maintenance, and repair expenses.
This share shall be calculated, using the relevant method approved by the Director
Duties of Owners Committees General, based on ratio of the area of the Owner’s Unit to the total area of the Jointly
Article (24) Owned Real Property. A Developer shall pay his share of the annual Service Charges
in respect of unsold Units, and in respect of the sold Units for which he undertakes,
An Owners Committee shall exclusively: under the provisions of the sale contract or reservation agreement, to pay the Service
1. verify that the Management Entity undertakes the management, operation, Charges on behalf of the purchaser.
maintenance, and repair of the Common Parts in accordance with this Law, the b. For the purposes of application of paragraph (a) of this Article, the Owner’s share of
resolutions issued in pursuance hereof, and the Building Management Regulation; the Service Charges shall be calculated based on the area of his Unit as recorded in the
2. review, and provide the necessary recommendations on, the annual budgets for the Real Property Register.
maintenance of the Jointly Owned Real Property; and for this purpose, request the
Jointly Owned Real Property financial reports; Usage Charges
3. discuss the obstacles and difficulties related to the management, operation, Article (26)
maintenance, and repair of Common Parts; and submit the necessary recommendations
on the same to the Management Entity or RERA, as the case may be; A Master Developer shall be entitled to collect Usage Charges from Owners or Sub-
4. receive, and notify to the Management Entity, the complaints and suggestions submitted developers in return for the management, operation, maintenance, or repair of the
by Owners and Occupants in respect of the management, operation, maintenance, Common Parts in the Master Project. Such Usage Charges apply in respect of completed
and repair of Common Parts; and submit these complaints and suggestions to RERA if buildings, under-construction buildings, and vacant land. The Owner or Sub-developer’s

22 23
share of the Usage Charges shall be calculated using the method adopted pursuant to Deposit and Disposition of Service Charges
the relevant resolution issued by the Director General, provided that this method is in Article (30)
compliance with the approved Master Community Declaration. a. A Management Entity must open a Service Charges account for each Jointly Owned
Real Property with a bank licensed to operate in the Emirate and recognised by RERA.
Approval of Service Charges and Usage Charges b. In accordance with the rules prescribed under the relevant resolution issued by the
Article (27) Director General, the Management Entity must deposit the Service Charges it collects
in the account referred to in paragraph (a) of this Article within seven (7) working days
a. A Management Entity must not charge Owners, or collect from them, any amounts from the date of collection of these charges.
whatsoever in return for the management, operation, maintenance, or repair of c. The amounts deposited in the Service Charges account may not, for any reason
Common Parts or Common Facilities; or for any other reason, without first obtaining whatsoever, be subject to attachment in favour of the Management Entity creditors.
the relevant approval of RERA. This approval shall be issued in accordance with the d. Until a Management Company is appointed by RERA, the Developer must undertake
approved Master Community Declaration and the relevant rules and criteria approved the management of the Jointly Owned Real Property and maintain the Service Charges
by the Director General. paid by Owners in the relevant Service Charges account, as prescribed by this Law.
b. For the purposes of application of paragraph (a) of this Article, RERA may not approve or e. The funds deposited in the Service Charges account may not be disposed of, and may
ratify the Service Charges or Usage Charges budget unless it is approved by a certified only be used for the following purposes:
audit firm recognised by RERA for this purpose. 1. paying for Common Parts cleaning services;
c. Where necessary, RERA may approve a temporary Service Charges budget until the 2. paying for security and safety services in the Jointly Owned Real Property;
budget referred to in paragraph (b) of this Article is approved. The temporary budget 3. paying for the operation, maintenance, repair, and improvement of Common Parts
shall be approved in accordance with the rules prescribed under the relevant resolution and their fixtures, fittings, and installations; and for preserving the same in a good
issued by the Director General. condition;
4. paying the Jointly Owned Real Property insurance premiums;
Non-payment of Service Charges or Usage Charges 5. paying any fees for the audit of the accounts and budgets related to the Service
Article (28) Charges account;
6. paying the Management Company fees, as per the amount and method of payment
An Owner or Sub-developer may not refrain from paying the Service Charges or Usage
determined by RERA;
Charges approved by RERA. An Owner may not waive his interest in Common Parts to
7. cover the Developer’s administrative expenses related to Major Projects, as
avoid paying the charges due from him.
approved by RERA;
8. creating a cash reserve to cover emergency expenses, or to replace equipment and
Preventing Owners from Using Units
devices in Common Parts, which must be deposited in an account separate from
Article (29)
the Service Charges account and may not be disposed of for any purposes, other
than in critical emergencies, without first obtaining the approval of RERA;
A Developer or Management Entity must not take any action against any Owner to
9. paying any fees or costs in return for inspecting; or overseeing the management,
prevent him from taking possession of, or using, his Unit or using Common Parts or
operation, maintenance, and repair of, Jointly Owned Real Property by RERA; and
Common Facilities, with the intent of forcing him to pay Service Charges or Utility Services
10. covering any other costs prescribed under the Master Community Declaration and
in contravention of the procedures stipulated in this Law and the resolutions issued in
approved by RERA, as required for the management, operation, maintenance, and
pursuance hereof.
repair of Common Parts.
f. Where the cash reserve referred to in sub-paragraph (e)(8) of this Article is not sufficient
to cover emergency expenses, the DLD may, subject to obtaining the relevant prior
approval of RERA, request Owners to cover these expenses.

24 25
Deposit and Disposition of Usage Charges c. Where necessary, the competent execution judge may order that a Unit in respect of
Article (31) which the Owner fails to pay his share of Service Charges is sold by public auction to
collect these charges.
a. A Master Developer must open a Usage Charges account for each Major Project with a d. An Owner who defaults in paying his share of Service Charges must pay any court fees
bank licensed to operate in the Emirate and recognised by RERA. and costs, or advocates’ fees, adjudged by the competent execution judge.
b. In accordance with the rules prescribed under the relevant resolution issued by the e. RERA shall determine the method of service of the notice referred to in paragraph (b)
Director General, the Management Entity must collect Usage Charges and deposit of this Article.
them in the account referred to in paragraph (a) of this Article within seven (7) working f. The provisions of this Article apply to the collection of Usage Charges owed to Master
days from the date of collection of these charges. Developers.
c. Where the Developer uses Common Facilities for profitable commercial purposes
based on the DLD approval, he must deposit a percentage of the net profits generated Audit and Inspection
from that use in the Usage Charges account within ten (10) days from the date of Article (33)
collection of the proceeds from use of the Common Facilities. This percentage of net
profits shall be determined pursuant to the relevant resolution issued by the Director a. RERA shall inspect; and audit the management, operation, maintenance, and repair
General. of, the Jointly Owned Real Property, Common Parts, and Common Facilities. For these
d. The funds deposited in the Usage Charges account shall be used only for the purposes purposes, RERA shall have the authority to:
stated in paragraph (e) of Article (30) of this Law in relation to Common Facilities in the 1. inspect Jointly Owned Real Property, Common Parts, and Common Facilities; and
Major Project. verify their suitability for the intended purposes, without prejudice to the functions
e. In addition to the purposes mentioned in paragraph (e) of Article (30) of this Law, the of the Competent Authority;
Master Developer may, subject to obtaining the prior approval of RERA, use a portion 2. record violations and serve notices on Developers or Management Entities, as the
of the funds deposited in the Usage Charges account for the purposes of repair and case may be, where it is proven that they have failed to preserve the Jointly Owned
maintenance in the Developer-owned Areas in the Master Project, provided that these Real Property, Common Parts, or Common Facilities in a good condition; and grant
areas are available for public use without consideration. them time limits as necessary to remedy such violations;
f. The amounts deposited in the Usage Charges account may not, for any reason 3. audit the revenue credited, and the expenditure debited, to the Service Charges
whatsoever, be subject to attachment in favour of the Master Developer creditors. account and the Usage Charges account; and for this purpose, request any
information, data, or statements and engage a certified auditor recognised by RERA
Collection of Service Charges and Usage Charges in this regard;
Article (32) 4. consider the complaints filed against Developers, Management Entities, or Owners
Committees in relation to the management, operation, maintenance, and repair of
a. The Management Entity shall have a lien on every Unit for unpaid Service Charges in Jointly Owned Real Property, Common Parts, and Common Facilities; and take the
respect thereof. A Unit may not be disposed of unless these charges are paid to the necessary action in respect thereof;
Management Entity. 5. Audit the contracts and agreements concluded by Management Entities with
b. Where an Owner fails to pay his share of the Service Charges or any part thereof, the maintenance, security, cleaning, insurance, and other corporations and companies;
Management Entity must request him to pay such charges within thirty (30) days from and
being served the relevant written notice approved by RERA. In the event of failure of 6. exercise any other duties or powers assigned to it by the Director General.
the Owner to pay the charges within this time limit, the financial claim made by the b. RERA may outsource any of its duties and delegate any of its powers under paragraph
Management Entity against the Owner shall be enforceable by the execution judge at (a) of this Article to any natural or legal person in accordance with the relevant
the RDSC in accordance with the relevant rules and procedures adopted by the RDSC. conditions and rules approved by the Director General.

26 27
Conclusion of Contracts and Agreements b. Where Jointly Owned Real Property, Common Parts, or Common Facilities sustain
Article (34) damage as a result of any act, negligence, or omission of the Management Entity,
RERA may serve a written notice on the Management Entity requesting it to remedy
a. A Management Entity shall conclude contracts and agreements with maintenance, such damage within the time limit specified by RERA.
security, cleaning, insurance, and other corporations and companies to the extent c. Where the Management Entity fails to remedy the damage within the time limit
required to enable it to perform its duties and obligations as prescribed in this Law. specified in the notice served on it pursuant to paragraph (b) of this Article, RERA may
b. A Management Entity must provide RERA, every six (6) months, with a periodic report appoint any other entity to fulfil all or any of the requirements stated in the notice
on the management of, and the maintenance works performed in, Jointly Owned Real and deduct the costs and expenses incurred in this regard from the bank guarantee
Property, Common Parts, and Common Facilities. Where necessary, RERA may request referred to in paragraph (a) of this Article.
the Management Entity to provide it with any information or with a statement of the
revenue and expenditure related to Service Charges or Usage Charges. Incompetence of Developers or Hotel Project Management Companies
Article (37)
Repair and Maintenance Works
Article (35) a. Where a Developer or Hotel Project Management Company is proven incompetent
or unable to manage Jointly Owned Real Property or Common Parts in projects that
a. Where it is established to the satisfaction of RERA that Common Parts or Common fall in Category 1 or Category 2, as stated in paragraph (a) of Article (18) of this Law, in
Facilities are not duly maintained, or not preserved in a good, clean, and serviceable a manner that ensures their sustainability and serviceability, the CEO may appoint a
condition, RERA may serve a written notice on the Management Entity requesting it specialised Management Company to undertake the management and operation of
to take any necessary action or perform the relevant repair or maintenance works it that Jointly Owned Real Property or Common Parts.
deems appropriate. b. The provisions of paragraph (a) of this Article shall apply if a Master Developer is
b. RERA must state in the notice referred to in paragraph (a) of this Article, the required proven incompetent or unable to manage the Common Facilities in a Master Project in
repair and maintenance works and the dates of commencement and completion of a manner that ensures their sustainability and serviceability.
such works.
c. Where the Management Entity fails to perform repair or maintenance works in Incompetence of Management Companies
accordance with paragraph (a) of this Article, RERA may appoint any other entity to Article (38)
perform all or any of these works; and debit the costs and expenses incurred in this
regard to the Service Charges account or to the Usage Charges account referred to in a. Where RERA deems that a Management Company is incompetent, unqualified, or
Article (30) and Article (31) of this Law respectively. unable to manage and maintain Common Parts in Real Property projects that falls
in Category 3, as stated in paragraph (a) of Article (18) of this Law, RERA may appoint
Security Deposit for Repair of Common Parts and Common Facilities a replacement Management Company to undertake the management of the Jointly
Article (36) Owned Real Property. In this case, RERA must adhere to the following procedures:
1. notify the Owners Committee of the violations committed by the Management
a. A Management Entity must provide a bank guarantee, in favour of the DLD and in the Company, and seek its opinion regarding such violations;
amount it determines, with respect to all Jointly Owned Real Property managed by 2. serve a written warning on the Management Company stating its mistakes and
that Management Entity. The bank guarantee shall be held as a security deposit to be wrong practices with respect to the management, operation, maintenance, and
used to remedy any damage sustained by Common Parts or Common Facilities as a repair of Common Parts; whereupon the Management Company may respond
result of omission or negligence on the part of the Management Entity. to that written warning within fourteen (14) days from the date of service of the
warning;

28 29
3. appoint a certified audit firm to audit the Service Charges account and verify the b. The Developer shall remain liable, for a period of one (1) year from the date of handover
Management Company’s compliance with the Service Charges budget approved by of the Unit to the Owner, for repairing or replacing defective installations in the
RERA; and Jointly Owned Real Property. These include mechanical and electrical works, sanitary
4. grant the Management Company a time limit to hand over the management and sewerage installations, and similar installations. Where an Owner refrains from
of the Jointly Owned Real Property to the replacement Management Company taking possession of his Unit for any reason, the above-mentioned liability period shall
within thirty (30) days from the date of issue of RERA’s decision appointing that commence from the date of obtaining the completion certificate of the Real Property
replacement Management Company. project developed by the Developer.
b. Where any damage to property in the Jointly Owned Real Property or Common Parts c. Subject to the provisions of paragraphs (a) and (b) of this Article, nothing in this Law
is caused by the acts of the substituted Management Company, that company shall be may preclude or prejudice any rights or warranties granted to Owners as against
liable for the cost of remedy of this damage, which shall be deducted from the bank Developers pursuant to any other legislation.
guarantee provided by that company, as referred to in paragraph (a) of Article (36) of d. An agreement which is made after this Law comes into force and which contradicts, in
this Law. any way, the provisions of this Article shall be deemed null and void.

Alterations to Jointly Owned Real Property Insurance of Jointly Owned Real Property
Article (39) Article (41)

a. Without prejudice to the construction legislation in force in the Emirate, an Occupant a. A Management Entity must insure the Jointly Owned Real Property under an insurance
may make substantial alterations or modifications to the structure or external policy that covers the maintenance and reconstruction of the Jointly Owned Real
appearance of his Unit, or to any part of the Jointly Owned Real Property, only after Property in case of fire, damage, or destruction for any reason whatsoever. For these
obtaining the approval of the Master Developer, the DLD, and the Competent Authority. purposes, the beneficiary of the insurance must be the Management Entity.
b. An Occupant who violates the provisions of paragraph (a) of this Article shall be liable b. The Management Entity must insure the Jointly Owned Real Property against the
for remedying, at his own expense and in the manner prescribed by Master Developer liability for damage and for bodily injuries sustained by Occupants or third parties.
or RERA, any damage arising from the alterations or modifications made by him. c. Insurance premiums payable by Owners shall be calculated pursuant to the insurance
c. Where an Occupant fails to remedy the damage in accordance with paragraph (b) of contracts concluded with insurance companies, and shall be included in the Service
this Article, RERA or the Master Developer may appoint any entity to remedy such Charges.
damage; and hold the Occupant liable for the remedy costs and expenses.
d. Subject to the provisions of the Building Management Regulation, an Occupant and Dispute Resolution
his guests must use Common Parts only for their intended purposes, and in a manner Article (42)
that does not prejudice the rights of others to use these Common Parts, disturb them,
or endanger their safety or the safety of the Jointly Owned Real Property. In addition to the functions assigned to the RDSC under the legislation in force, the RDSC
shall have the exclusive jurisdiction to hear and determine all disputes and disagreements
Liability of Developers related to the rights and obligations stipulated in this Law and the resolutions issued in
Article (40) pursuance hereof, in accordance with the relevant rules and procedures adopted by the
RDSC.
a. Subject to the provisions governing contractor agreements, as stipulated in the above-
mentioned Federal Law No. (5) of 1985, a developer shall remain liable, for a period of
ten (10) years from the date of obtaining the completion certificate of the Real Property
project developed by him, to remedy or rectify any defects in the structural parts of the
Jointly Owned Real Property.

30 31
Fees Payment of Revenues
Article (43) Article (47)

In return for issuing the approvals and providing the services prescribed under this Law The fees and fines collected pursuant to this Law and the resolutions issued in pursuance
and the resolutions issued in pursuance hereof, the DLD shall collect the fees determined hereof shall be paid to the Public Treasury of the Government.
pursuant to the relevant resolution issued by the Chairman of the Executive Council.
Sanctions and Administrative Penalties. Compliance
Article (48)
Article (44)
a. All Developers, Management Entities, and Owners Associations must comply with the
a. Without prejudice to any stricter penalty stipulated in any other legislation, a person
provisions of this Law within six (6) months from its effective date. Where necessary,
who commits any act constituting a violation of the provisions of this Law and the
the Director General may extend this grace period for the same period.
resolutions issued in pursuance hereof shall be punished by a fine of not less than
b. The provisions of this Law shall apply without prejudice to the provisions of the
one million Dirhams (AED 1,000,000.00). Upon repetition of the same violation within
contracts concluded before its effective date between Developers and Owners and
one (1) year from the date of the previous violation, the amount of the fine shall be
the Master Community Declarations approved by and filed with RERA, except for
doubled. A fine must not exceed two million Dirhams (AED 2,000,000.00).
the provisions related to the exemption applicable to the constitution of Owners
b. The acts constituting a violation of the provisions of this Law, and the fines prescribed
Associations.
for each of these acts, shall be determined pursuant to the relevant resolution issued
by the Chairman of the Executive Council.
Succession of Owners Associations by Management Entities
Article (49)
Law Enforcement
Article (45) All rights and obligations of Owners Associations, arising before the effective date of this
Law, are hereby transferred to Management Entities.
The persons nominated by a resolution of the Director General shall have the capacity of
law enforcement officers to record the acts committed in breach of the provisions of this Issuing Implementing Resolutions
Law and the resolutions issued in pursuance hereof. For this purpose, they may issue the Article (50)
necessary violation reports and seek the assistance of concerned Government Entities in
the Emirate, including police personnel. The Director General shall issue the resolutions required for the implementation of this
Law. These resolutions shall be published in the Official Gazette of the Government of
Grievances Dubai.
Article (46)
Repeals
Any affected party may submit a written grievance to the Director General against any Article (51)
decision or measure taken against him under this Law and the resolutions issued in
a. The above-mentioned Law No. (27) of 2007 is hereby repealed. Any provision in any
pursuance hereof, within thirty (30) days from the date of being notified of the contested
other legislation shall also be repealed to the extent that it contradicts the provisions
decision or measure. The grievance shall be determined, within thirty (30) days from the
of this Law.
date of its submission, by a committee formed by the Director General for this purpose.
b. The bylaws, regulations, and resolutions issued in implementation of the above-
Without prejudice to the grievant’s right to recourse to the RDSC to seek any relief, the
mentioned Law No. (27) of 2007 shall continue in force, to the extent that they do not
decision issued in respect of the grievance shall be final.
contradict this Law, until new superseding bylaws, regulations, and resolutions are
issued.

32 33
Publication and Commencement
Article (52)

This Law shall be published in the Official Gazette and shall come into force sixty (60)
days after the date of its publication.
Law No. (4) of 2019
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Concerning
Issued in Dubai on 4 September 2019
Corresponding to 5 Muharram 1441 A.H. The Real Estate Regulatory Agency

34
Law No. (4) of 2019 Real Property Development Projects: The projects involving construction of multi-storey
Concerning the buildings and compounds for residential,
Real Estate Regulatory Agency commercial, industrial, or multiple purposes.
Jointly Owned Real Property : A building, including the parts and appurtenances
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, allocated for common use, and the land on which
After perusal of: that building is constructed; or land which is
Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai; subdivided into units or land plots intended for
Law No. (8) of 2007 Concerning Escrow Accounts for Real Property Development in the individual ownership.
Emirate of Dubai;
Law No. (16) of 2007 Establishing the Real Estate Regulatory Agency; Applicability of the Law to RERA
Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai Article (2)
and its amendments;
Law No. (13) of 2012 Establishing the Dubai Real Estate Institute; The provisions of this Law shall apply to the Real Estate Regulatory Agency established
Law No. (7) of 2013 Concerning the Land Department; pursuant to the above-mentioned Law No. (16) of 2007 as a public corporation, which has
Law No. (8) of 2018 Concerning Management of the Government of Dubai Human legal personality and the legal capacity required to undertake all acts and dispositions
Resources; that ensure the achievement of its objectives, and which is affiliated to the DLD.
Executive Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law
No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai; and Head Office of RERA
Executive Council Resolution No. (37) of 2015 Regulating the Real Property Valuation Article (3)
Profession in the Emirate of Dubai,
The head office of RERA shall be located in the Emirate. RERA may establish branches
Do hereby issue this Law. within the Emirate pursuant to a resolution of the Director General.

Definitions Objectives of RERA


Article (1) Article (4)
RERA aims to:
The following words and expressions, wherever mentioned in this Law, shall have the 1. contribute to developing the Real Property sector through an integrated set of
meaning indicated opposite each of them unless the context implies otherwise: regulatory and supervisory procedures that enhance the role of this sector in the
Emirate: The Emirate of Dubai. comprehensive economic development of the Emirate;
2. provide a safe and supportive environment for Real Property Development Projects
Executive Council : The Executive Council of the Emirate of Dubai. in the Emirate to ensure that the rights of Real Property Developers and investors are
DLD : The Dubai Land Department. protected;
Director General : The director general of the DLD. 3. keep pace with the continuing growth witnessed by the Emirate in the Real Property
RERA : The Real Estate Regulatory Agency. sector and all related activities;
CEO : The chief executive officer of RERA. 4. promote the role of UAE nationals in the Real Property sector, and implement
Real Property Activities : The activities related to Real Property that RERA is authorised programmes and projects that enable them to engage in Real Property Activities; and
to license in the Emirate under this Law, the resolutions issued 5. establish the principles and code of conduct of Real Property Activities, and develop
in pursuance hereof, and the legislation in force in the the relevant charters.
Emirate.

36 37
Functions of RERA 14. develop and update policies and studies aimed at striking a balance between supply
Article (5) and demand in the Real Property market, and submit the same to the Director General
for approval in preparation for final approval by the Executive Council; and
For the purpose of achieving its objectives, RERA shall have the duties and powers to: 15. exercise any other duties or powers required for the achievement of the objectives of
1. regulate, audit, and monitor Escrow Accounts for Real Property Development, and RERA, as assigned to it by the Executive Council.
approve the banking and financial institutions qualified to manage these accounts;
2. approve the rules regulating the Real Property development, sale, leasing, and Executive Body of RERA
brokerage professions; the Real Property Valuation Profession; the management of Article (6)
Jointly Owned Real Property; and other Real Property Activities;
3. regulate and license Real Property Activities, and audit and monitor the persons The executive body of RERA shall be comprised of the CEO and a number of administrative,
conducting these activities to ensure their compliance with the legislation regulating finance, and technical Employees, to whom Law No. (8) of 2018 Concerning Management
the Real Property sector; of the Government of Dubai Human Resources, and the resolutions issued in pursuance
4. regulate and audit the accounts related to managing and operating Jointly Owned thereof, shall apply.
Real Property in accordance with the relevant applicable legislation;
5. propose the legislation required for regulating the work of persons conducting Real Appointment and Functions of the CEO
Property Activities; Article (7)
6. issue the bylaws required for regulating training and qualifying the staff of
establishments authorised to conduct Real Property Activities; a. The CEO shall be appointed pursuant to a resolution of the Chairman of the Executive
7. register the persons conducting Real Property Activities in the relevant registers it Council.
maintains for this purpose, and issue identification cards for individuals engaged in b. The CEO shall supervise the work and activities of RERA in a manner that ensures the
Real Property Activities; achievement of its objectives. In particular, the CEO shall have the duties and powers
8. consider and investigate complaints filed against the persons conducting Real Property to:
Activities, and take the necessary actions and decisions in respect thereof; 1. prepare the general policy and the strategic and development plans of RERA, submit
9. audit; monitor; and inspect the operation, management, and maintenance of the same to the Director General for approval, and follow up their implementation;
Jointly Owned Real Property, Common Parts, and Common Facilities to ensure their 2. prepare the organisational structure of RERA, and submit the same to the Director
sustainability, and audit relevant accounts and books, in accordance with the relevant General for approval in preparation for final approval by the Executive Council;
applicable legislation; 3. propose the projects, initiatives, activities, and programmes that contribute to
10. approve Real Property Development Projects in the Emirate, monitor their percentages the achievement of the objectives of RERA and that enable RERA to exercise its
of completion, and issue the relevant resolutions and recommendations, in accordance functions; and submit the same to the Director General for approval;
with the relevant applicable legislation; 4. submit periodic reports to the Director General on the work and performance
11. issue the required approvals of the content of Real Property advertisements in the outcomes of RERA;
Emirate, including in Special Development Zones and free zones such as the Dubai 5. propose the draft administrative and technical resolutions and bylaws regulating
International Financial Centre; and monitor and censor that content in coordination the work of RERA, and submit the same to the Director General for approval,
with the Competent Entities in the Emirate; 6. supervise the work of the executive body of RERA; and
12. develop and implement programmes and projects that promote the role of UAE 7. exercise any other duties and powers assigned to him by the Director General.
nationals in the Real Property sector and encourage them to engage in this sector;
13. develop and implement informative and awareness-raising programmes on the rights
and obligations of the parties engaged in the Real Property sector, in coordination with
the Dubai Real Estate Institute;

38 39
Financial Resources of RERA
Article (8)

The financial resources of RERA shall consist of:


1. the support allocated to RERA in the budget of the DLD; and
2. any other resources approved by the Director General in accordance with the legislation Decree No. (31) of 2016
in force.

Issuing Implementing Resolutions


Concerning
Article (9)
The Mortgage of Granted Land in
The Chairman of the Executive Council shall issue the resolutions required for the
implementation of the provisions of this Law. the Emirate of Dubai
Supersession and Repeals
Article (10)

a. This Law supersedes the above-mentioned Law No. (16) of 2007.


b. The DLD hereby succeeds RERA in exercising all the functions related to the registration
of Lease Contracts and regulation of the relationship between Landlords and Tenants,
and in exercising all other functions related to Lease Contracts, which are stipulated in
the legislation in force in the Emirate.
c. Any provision in any other legislation is hereby repealed to the extent that it contradicts
the provisions of this Law.

Publication and Commencement


Article (11)

This Law shall be published in the Official Gazette and shall come into force on the day on
which it is published.

Mohammed bin Rashid Al Maktoum


Ruler of Dubai

Issued in Dubai on 4 September 2019


Corresponding to 5 Muharram 1441 A.H.

40
Decree No. (31) of 2016 Granted Commercial or Industrial Land : A land plot owned by the Government and
Concerning the granted to a Beneficiary for commercial or
Mortgage of Granted Land in the Emirate of Dubai industrial use.
Granted Land : Granted Residential Land, Granted
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, Commercial or Industrial Land, or any other
After perusal of: land granted by the Government.
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; Mortgaged Land : Granted Land mortgaged together with any
Law No. (14) of 2008 Concerning Mortgage in the Emirate of Dubai; buildings or structures thereon.
Law No. (4) of 2011 Establishing the Mohammed bin Rashid Housing Establishment and its Mortgagor : A Beneficiary who has a usufruct right to
Implementing Bylaw; Granted Land.
Law No. (7) of 2013 Concerning the Land Department; Mortgagee : A creditor who lends money to a Mortgagor
Decree No. (4) of 2010 Regulating the Transfer of Title to Granted Industrial and Commercial against Granted Land provided as collateral.
Land in the Emirate of Dubai; Competent Entity : The competent entity in the Emirate in
The Order Issued on 14 May 1996 Authorising the Mortgage of Land Granted by the charge of licensing the construction of
Government of Dubai for Which Title Deeds Are Issued by the Land Department; buildings and other structures.
The Instructions Issued on 20 September 1994 Concerning Land Granted by the Government
to UAE Nationals in the Emirate of Dubai; and Mortgage Authorisation and Conditions
The Instructions Issued on 5 June 1996 Concerning the Implementation of the Order Issued Article (2)
on 14 May 1996 Concerning the Mortgage of Granted Land,
a. A Beneficiary is authorised to mortgage Granted Land in favour of any of the banks or
Do hereby issue this Decree. financing institutions licensed to operate in the Emirate. This mortgage shall be legally
valid and binding on both parties.
Definitions b. For the mortgage referred to in paragraph (a) of this Article to be valid and legally
Article (1) effective, the following conditions must be met:
1. the purpose of mortgaging the Granted Commercial or Industrial Land must be to
The following words and expressions, wherever mentioned in this Decree, shall have the invest the loan in exploiting the land for the purpose for which it is granted;
meaning indicated opposite each of them unless the context implies otherwise: 2. the purpose of mortgaging the Granted Residential Land must be to invest the loan in
Emirate: The Emirate of Dubai. the maintenance, expansion, construction, or reconstruction of an existing building;
3. the mortgage must be registered in accordance with the rules and procedures
Government : The Government of Dubai. stipulated in the above-mentioned Law No. (14) of 2008; and
DLD : The Land Department. 4. any other conditions prescribed, in coordination with the MRHE, by the DLD pursuant
MRHE : The Mohammed bin Rashid Housing Establishment. to a resolution issued by the Director General in this regard.
Board of Directors : The board of directors of the MRHE.
Director General : The director general of the DLD.
Beneficiary : A natural or legal person who has a usufruct right to Granted
Land.
Granted Residential Land : A land plot owned by the Government and granted to a
Beneficiary for residential use.

42 43
Registration of Mortgages Procedures for Foreclosure on Mortgaged Land
Article (3) Article (6)
a. The DLD may not register any mortgage that does not meet the conditions stipulated Where a Mortgagor or his successor fails to perform his obligations under the mortgage
in paragraph (b) of Article (2) of this Decree. agreement, the Mortgagee or his successor may initiate foreclosure proceedings on the
b. When registering the mortgage of Granted Land, the DLD must ensure that the Mortgaged Land and the sale of the same at public auction under the supervision of the
mortgage agreement: DLD and in accordance with its adopted procedures, provided that the Mortgagor or his
1. stipulates that the loan be used to achieve the purpose for which the land is successor is served a notice, through the notary public, at least thirty (30) days before the
granted; commencement of foreclosure proceedings, to perform his obligations.
2. is accompanied by a building permit submitted by the Mortgagor which is issued
by the Competent Entity; and Hearing Claims Relating to Mortgaged Land
3. is accompanied by any other documents or information the DLD may require the Article (7)
Mortgagor to submit to verify the authenticity of the information included in the
mortgage agreement and to ensure the implementation of such agreement. a. Courts shall hear any applications or claims relating to the mortgage of Granted Land.
b. Where a Mortgagor or his successor defaults on repayment of his debt within the
Land Granted to Entities Affiliated to the grace period prescribed in Article (6) hereof, the execution judge shall issue, upon the
Government and Real Property Developers Mortgagee’s request, a foreclosure order in respect of the mortgaged Real Property in
Article (4) order to sell the same at public auction in accordance with the relevant procedures
adopted by the DLD.
a. The land granted to entities affiliated to the Government, or to companies in which
the Government or its affiliated entities hold at least fifty percent (50%) of the capital, Payment of Mortgaged Land Foreclosure Proceeds
may be mortgaged without any conditions or limitations. Article (8)
b. The land granted to Real Property developers for the purpose of Real Property
development is granted on a freehold basis and may be mortgaged or disposed of in a. Without prejudice to the rights of the MRHE as a preferential creditor, the Mortgagor’s
any manner whatsoever without any conditions or limitations. debts shall be paid from the proceeds of the foreclosure sale of the Mortgaged Land
after deducting the following amounts:
Pledging the Income of Real Property Constructed on 1. court fees and costs;
Granted Commercial or Industrial Land 2. the fees and costs of the sale of the Mortgaged Land at public auction and fees and
Article (5) costs for the registration of the sale with the DLD; and
3. the fees payable in accordance with the above-mentioned Law No. (4) of 2010 for
a. Notwithstanding the provisions of Article (2) and Article (4) of this Decree, the income
the transfer of title to industrial and commercial land, where these fees have not
of the Real Property constructed on Granted Commercial or Industrial Land may be
been paid upon the registration of the mortgage.
pledged, exclusive of the land, in favour of any of the banks or financing institutions
b. The balance of the price of sale of Granted Commercial or Industrial Land at public
licensed to operate in the Emirate. In this case, the pledgee shall manage the Real
auction, if any, shall be paid to the Mortgagor.
Property and collect its income until repayment of the loan, or as agreed by both
c. The balance of the price of sale of Granted Residential Land at public auction, if any,
parties.
shall be paid towards the purchase of a house that shall be registered as a grant in the
b. For the purpose of implementing the provisions of paragraph (a) of this Article, the DLD
name of the Beneficiary or towards providing him with any other Housing Services as
shall create an entry on the registry folio of the Granted Commercial or Industrial Land
the MRHE deems appropriate. However, if the remaining amount is not sufficient to
to denote that the income of the Real Property constructed on that land is pledged in
purchase a house, that amount shall be paid to the Mortgagor.
favour of the pledgee.

44 45
Sale of Granted Residential Land Commencement and Publication
Article (9) Article (14)

Notwithstanding the provisions of Article (6) hereof and where a Mortgagor or his This Decree comes into force on the day on which it is issued, and shall be published in
successor defaults on repayment of his debts, Granted Residential Land may not be sold the Official Gazette.
without first obtaining the approval of the Board of Directors. This approval shall be
granted in accordance with the relevant rules and conditions adopted by the Board of
Directors. Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Mortgage Validity
Article (10) Issued in Dubai on 1 November 2016
Corresponding to 1 Safar 1438 A.H.
All mortgages registered with the DLD on the land granted by the effective date of this
Decree are hereby deemed valid and effective.

Invalidity of Violating Dispositions


Article (11)

Any disposition or agreement concluded in breach of the provisions of this Decree shall be
null and void, shall have no legal effect, and may not be registered with the DLD.

Issuing Implementing Resolutions


Article (12)

The Director General shall issue the resolutions required for the implementation of the
provisions of this Decree.

Repeals
Article (13)

The above-mentioned Order issued on 14 May 1996 and the instructions issued in
implementation thereof on 5 June 1996 are hereby repealed. Any provision in any other
legislation shall also be repealed to the extent that it contradicts the provisions of this
Decree.

46 47
Executive Council Resolution No. (37) of 2015
Regulating the Real Property

Valuation Profession in
the Emirate of Dubai
Executive Council Resolution No. (37) of 2015 characteristics, specifications, and other factors that may affect its value.
Regulating the Real Property Profession : The Real Property Valuation profession.
Valuation Profession in the Emirate of Dubai Firm : A company or sole proprietorship authorised to practise the Profession
in the Emirate.
We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman Valuer : A natural person registered on the Roll to practise the Profession in the
of the Executive Council, Emirate through a Firm or through a licensed bank or financial
After perusal of: institution.
Law No. (9) of 2004 Concerning the Dubai International Financial Centre and its Trainee Valuer : A natural person registered on the Roll and authorised to receive
amendments; training to practise the Profession.
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; Authorisation : A document issued by RERA that authorises a Firm to practise the
Law No. (16) of 2007 Establishing the Real Estate Regulatory Agency; Profession in the Emirate upon fulfilment by that Firm of the conditions
Law No. (14) of 2009 Concerning the Pricing of Government Services in the Emirate of and requirements stipulated herein.
Dubai and its amendments; Roll : A paper or electronic record maintained by RERA on which Valuers
Law No. (35) of 2009 Concerning Management of the Public Funds of the Government of and Trainee Valuers, who meet the conditions and requirements
Dubai and its amendments; stipulated herein, are registered.
Law No. (7) of 2013 Concerning the Land Department; Real Property Valuation Book: The book issued by the DLD that contains the standards of
Decree No. (22) of 2009 Concerning Special Development Zones in the Emirate of Dubai; Real Property Valuation.
Executive Council Resolution No. (25) of 2009 Approving the Fees and Fines of the Real
Estate Regulatory Agency; Scope of Application
Executive Council Resolution No. (30) of 2013 Approving the Fees of the Land Department; Article (2)
and
The legislation establishing and regulating free zones in the Emirate of Dubai, The provisions of this Resolution shall apply to any person who practises the Profession
in the Emirate, including Special Development Zones and free zones such as the Dubai
Do hereby issue this Resolution. International Financial Centre. This Resolution shall not apply to Government entities and
the practitioners of the Profession employed by these entities.
Definitions
Article (1) Functions of RERA
Article (3)
The following words and expressions, wherever mentioned in this Resolution, shall have
the meaning indicated opposite each of them unless the context implies otherwise: For the purposes of this Resolution, RERA shall have the duties and powers to:
1. determine applications for registration, renewal of registration, and reinstatement of
UAE : The United Arab Emirates. Valuers; for registration of Trainee Valuers on the Roll; and for variation of their details
Emirate : The Emirate of Dubai. in the Roll, in accordance with the relevant adopted conditions and requirements;
DLD : The Land Department. 2. determine applications for Authorisations and renewal of Authorisations of companies
RERA : The Real Estate Regulatory Agency. and sole proprietorships wishing to practise the Profession;
Director General : The director general of the DLD. 3. consider and investigate complaints filed against persons practising the Profession
Real Property Valuation : Estimation of the market value of specific Real Property on a and Trainee Valuers, and take the necessary action in respect thereof;
specific date and for a specific purpose, based on its location, 4. issue identification cards to Valuers;

50 51
5. conduct studies on the practice of the Profession in the Emirate with a view to 6. pay the fees prescribed under this Resolution; and
developing it; 7. meet any other requirements determined by the relevant resolutions issued by the
6. supervise, audit, and inspect the activities of persons practising the Profession to DLD.
ensure their compliance with this Resolution and with the terms of their registration
or Authorisation; Exemption from Registration Requirements
7. supervise the training and qualification of Valuers and Trainee Valuers; Article (6)
8. establish principles, ethics, and traditions of the Profession;
9. prepare the forms required for the implementation of the provisions of this Resolution; a. Natural persons practising the Profession in the Emirate prior to the effective date
10. create the Roll and determine its form and the data and information that must be of this Resolution shall be exempted from compliance with the provisions of sub-
entered therein; and paragraphs (4) and (5) of Article (5) of this Resolution.
11. perform any other duties required for the regulation of the Profession in the Emirate. b. Notwithstanding the provisions of sub-paragraph (1) of Article (5) of this Resolution,
RERA may register on the Roll a non-UAE national as a Valuer, provided that he has, in
Practising the Profession addition to meeting other registration requirements, work experience of no less than
Article (4) five (5) consecutive years in the field of Real Property Valuation.

a. No natural person may practise the Profession in the Emirate without being registered Registration Procedures
on the Roll. Article (7)
b. No private legal person may practise the Profession in the Emirate without being so
authorised by RERA. Registration on the Roll shall be in accordance with the following procedures:
c. No Firm, bank, or financial institution in the Emirate may employ or hire any person as 1. an application for registration on the Roll shall be submitted to RERA on the form
a valuer unless he is registered on the Roll. prescribed for this purpose, supported by the documents required by RERA;
d. A Valuer working for a bank or a financial institution is prohibited from providing Real 2. RERA shall consider the application and verify that the applicant meets all the
Property Valuation services to any party other than the bank or financial institution for requirements stipulated in this Resolution and the resolutions issued in pursuance
which he works. hereof;
3. RERA shall determine the application in accordance with the conditions and
Registration Requirements requirements stipulated herein. RERA must notify the applicant of its relevant decision
Article (5) within ten (10) working days from the date of submitting the application that meets
all conditions and requirements, and this decision must be reasoned where the
To be registered on the Roll as a Valuer, an applicant must: application is rejected; and
1. be a UAE national; 4. RERA shall issue identification cards to persons registered on the Roll. The form of
2. be of full capacity; these cards and the information that must be included therein shall be determined by
3. be of good conduct and repute and not have been sentenced for a felony or other crime a resolution of the Chief Executive Officer of RERA.
affecting honour or trustworthiness, unless he has been rehabilitated or pardoned by
the competent authorities; Validity of Registration
4. be a holder of the academic qualifications and training certificates determined Article (8)
pursuant to the relevant resolution of the Director General;
5. have work experience of no less than two (2) years in the field of Real Property Registration of Valuers shall be valid for a period of one (1) year, renewable for the same
Valuation, or have completed the training period prescribed under this Resolution; period. A renewal application must be submitted within thirty (30) days prior to the date
of expiry of the registration.

52 53
Trainee Valuer Validity of Authorisation
Article (9) Article (12)

a. An application for registration as a Trainee Valuer shall be submitted to RERA on the An Authorisation shall be valid for a period of one (1) year, renewable for the same period.
form prescribed for this purpose, supported by all required documents, including a A renewal application must be submitted within thirty (30) days prior to the date of expiry
training undertaking issued by a Firm confirming its approval to train the applicant. of the Authorisation validity.
b. The Firm that provides training to practise the Profession must have a Valuer who has
work experience of no less than five (5) years in the Emirate. Authorisation Issuing Procedures
c. Firms shall be liable towards third parties for the acts of their Trainee Valuers Article (13)
throughout their training period.
d. RERA may require a Firm to simultaneously train a maximum of three (3) Trainee An Authorisation shall be issued in accordance with the following procedures:
Valuers. This Firm must provide RERA with a biannual report on the punctuality and 1. an applicant wishing to practise the Profession shall submit an application for a
commitment of Trainee Valuers, and their compliance with the training requirements; commercial licence to the competent commercial licensing authority in the Emirate, in
and must provide RERA with a detailed report on each Trainee Valuer at the end of the accordance with the relevant legislation and procedures adopted by it;
training period. 2. the commercial licensing authority shall refer the application to RERA for technical
consideration and for verification that it meets the conditions and requirements
Training Period adopted for issuing the Authorisation;
Article (10) 3. RERA shall determine an application that meets all conditions and requirements within
ten (10) working days from the date of referral of the application, and its decision must
The training period of a Trainee Valuer is one (1) year commencing from the date of his be reasoned where the application is rejected;
registration on the Roll. The training Firm must notify RERA where the Trainee Valuer is 4. following the issuance of an Authorisation, the competent commercial licensing
absent for more than thirty (30) consecutive days or forty (40) non-consecutive days during authority shall complete the procedures for issuing the trade licence; and
the training year in order for RERA to verify the reasons of absence. Where the absence is 5. following the issuance of an Authorisation, RERA shall enter all the basic details of
proved to be for no valid reason, RERA shall strike the Training Valuer off the Roll. the Firm, including its address, owner, and manager, as well as the Valuers employed
therein, on the database maintained by RERA for this purpose.
Authorisation Issuing Requirements
Article (11) Opening Branches of Firms
Article (14)
A person applying for an Authorisation must:
1. be a UAE national; Upon the request of a Firm, RERA may approve the opening of branches for the Firm
2. be a Valuer, or employ a Valuer to manage the company or sole proprietorship to be within the Emirate. The request for opening a branch shall be determined subject to the
granted the Authorisation; requirements prescribed by the relevant resolution of the Director General.
3. pay the fees prescribed under this Resolution; and
4. meet any other requirements determined by the relevant resolutions issued by the
DLD.

54 55
Contents of Real Property Valuation Reports registration on the Roll in all correspondence, certificates, and reports he issues;
Article (15) 5. prepare work reports for all Real Property Valuation assignment performed and send a
summary of these reports to RERA through the relevant means approved by RERA;
A Valuer must prepare a report on all Real Property Valuations he performs, and this report 6. observe the ethics of the Profession in dealing with colleagues, and refrain from
must contain: unfairly competing with them or criticising their work in public;
1. the name of the entity requesting the Real Property Valuation; 7. keep paper or electronic record of every Real Property Valuation assignment performed,
2. the purpose of the Real Property Valuation; in which copies of the written reports, correspondence, and memoranda related to this
3. description of the Real Property subject of the Real Property Valuation, supported by a assignment are included;
plan of the land plot on which it is constructed; 8. maintain the records, reports, and files of all valuated Real Property for at least five (5)
4. the basis for valuation, namely the market value of the Real Property calculated in years after completion of the valuation assignment or from the date of delivery of the
accordance with the standards stipulated in the Real Property Valuation Book; final report. The Director General shall determine the types of these records and the
5. the date of the Real Property Valuation; information that must be entered therein;
6. the relationship between the Valuer and the entity requesting the Real Property 9. comply with the form and other basic requirements of the Real Property Valuation
Valuation; report; include the mandatory information of the Real Property and the rights attached
7. the assumptions, if any, that the Valuer relied on or adopted for completing his work to it in that report; and deliver the same to the party requesting the Real Property
in accordance with the standards stipulated in the Real Property Valuation Book; Valuation;
8. a reference that the report was prepared in accordance with the Real Property Valuation 10. comply with the Real Property Valuation standards and methods stipulated in the Real
Book; Property Valuation Book;
9. the value of the Real Property subject of the Real Property Valuation in figures and in 11. not engage any person who is not registered on the Roll to perform Real Property
words; Valuations;
10. the name and signature of the Valuer and the number of his registration on the Roll; 12. comply with the requirement that no Firm owner may own more than one Firm in the
11. the plans and documents based on which the Real Property Valuation report is prepared, Emirate;
such as the site plan issued by competent entities in the Emirate, Real Property photos, 13. comply with the requirement that a Valuer must practise the Profession through a
completion certificate, and lease contracts; and Firm, a bank, or a financial institution;
12. any other information determined pursuant to the relevant resolutions issued by the 14. comply with the requirement that no Valuer may work for more than one Firm in the
DLD. Emirate; and
15. meet any other obligations determined pursuant to the relevant resolutions issued by
Obligations of Persons Practising the Profession the DLD.
Article (16)
Real Property Valuation Agreement
A person practising the Profession in the Emirate must: Article (17)
1. comply with the principles of honesty and integrity, and the code of ethics of the
Profession approved by RERA for this purpose; a. A Firm must conclude a Real Property Valuation agreement with the entity requesting
2. observe accuracy and the principles and traditions of the Profession while performing the Real Property Valuation. This agreement must provide for the rights and obligations
his duties; of the parties and must, in particular, state:
3. maintain the confidentiality of the data or information to which he may have access in 1. the Real Property to be valuated;
the course of conducting Real Property Valuation; 2. the purpose of the Real Property Valuation;
4. comply with the requirement that a Valuer must include his name and number of 3. the period of completion of the Real Property Valuation; and

56 57
4. the financial consideration for performing the Real Property Valuation. c. In addition to the penalty of a fine referred to in paragraph (a) of this Article, RERA may
b. If a dispute arises between a Firm and an entity that requests Real Property Valuation take one or more of the following measures against a violator:
in relation to the Real Property Valuation agreement, RERA shall have the authority 1. suspend the violator from practising the Profession for a period not exceeding six
to consider this dispute through a committee to be formed pursuant to a resolution (6) months;
issued by the Director General in this respect. 2. require the violator to attend training or qualification courses for the periods and
subject to the conditions determined by RERA in this regard;
Entering Real Property 3. strike the violator off the Roll; and/ or
Article (18) 4. revoke the violator’s Authorisation.

In the event that the work of a Valuer requires him to enter the Real Property subject of Law Enforcement
the Real Property Valuation, the Valuer must notify the occupant of the Real Property Article (22)
or his agent in advance, and must agree with him on an appropriate time to enter and
inspect the Real Property. The Valuer must also determine the data and information that RERA employees nominated pursuant to a resolution of the Director General shall
must be provided to him in order to complete the Real Property Valuation. have the capacity of law enforcement officers to record the acts committed in breach
of the provisions of this Resolution and the resolutions issued in pursuance hereof. In
Obtaining Licences this capacity, they may issue the necessary violation reports, and, where necessary, seek
Article (19) assistance from police personnel.

An Authorisation issued to a Firm pursuant to this Resolution does not exempt that Firm Grievance
from obtaining any other licences required by the concerned Government entities in the Article (23)
Emirate.
Any affected party may submit a written grievance to the Director General against any
Fees decision or measure taken against him under this Resolution within thirty (30) days from
Article (20) the date of being notified of the contested decision or measure. The grievance shall be
determined, within thirty (30) days from the date of its submission, by a committee
In return for issuing Authorisations, registration on the Roll, and other services rendered formed by the Director General for this purpose, and the decision issued in respect of the
by RERA pursuant to this Resolution, RERA shall collect the fees set forth in Schedule (1) grievance shall be final.
attached hereto.
Reinstatement on the Roll
Violations and Administrative Penalties Article (24)
Article (21)
The Director General may reinstate any person who is struck off the Roll, provided that
a. Without prejudice to any stricter penalty stipulated in any other resolution, a person this person meets the requirements for registration on the Roll and that two (2) years from
who commits any of the acts stipulated in Schedule (2) attached hereto shall be the date of striking him off the Roll have elapsed.
punished by the fine indicated opposite that act.
b. Upon repetition of the same violation within one (1) year from the date of the previous
violation, the amount of the fine referred to in paragraph (a) of this Article shall be
doubled. A fine must not exceed two hundred thousand Dirhams (AED 200,000.00).

58 59
Payment of Fees and Fines Schedule (1)
Article (25) Fees

Fees and fines collected pursuant to this Resolution shall be paid to the Public Treasury of
SN Description Fee (in Dirhams)
the Government of Dubai.
1 Issuing a new Authorisation or renewal of an Authorisation 10,000)00
Compliance
Article (26) 2 Issuing an approval to open a branch of a Firm in the Emirate 10,000)00

Registration, renewal of registration, or reinstatement of a


Any person who practises the Profession in the Emirate, including those employed by sole 3 5,000)00
Valuer on the Roll
proprietorships, companies, and financial and banking institutions, by the effective date
of this Resolution must comply with its provisions within one (1) year from that effective 4 Registration of a Trainee Valuer on the Roll 500)00
date. The Director General may extend this grace period once for the same period. 5 Variation of the details of registration on the Roll 200)00

Repeals 6 Variation of the details of an Authorisation 500)00


Article (27) Issuing a replacement for a lost or damaged identification card
7 100)00
of a Valuer or a lost or damaged Authorisation
Any provision in any other resolution shall be repealed to the extent that it contradicts the
provisions of this Resolution.

Issuing Implementing Resolutions


Article (28)

The Director General shall issue the resolutions required for the implementation of the
provisions of this Resolution.

Publication and Commencement


Article (29)

This Resolution shall be published in the Official Gazette and shall come into force on the
day on which it is published.

Hamdan bin Mohammed bin Rashid Al Maktoum


Crown Prince of Dubai

Chairman of the Executive Council


Issued in Dubai on 17 August 2015
Corresponding to 2 Thu al-Qidah 1436 A.H.

60 61
Schedule (2)
Violations and Fines

SN Description Fee (in Dirhams)

Practising the Profession in the Emirate by a natural person


1 20,000+00
who is not registered on the Roll Law No. (7) of 2013
Practising the Profession in the Emirate by a private legal
2 30,000+00
person without an Authorisation
Concerning the Land Department
Engaging by a Firm of any person who is not registered on the
3 10,000+00
Roll to practise the Profession

Submitting false documents or information for registration on 10,000+00


4
the Roll or for obtaining an Authorisation
AED 5,000+00
per month of
delay, up to AED
Practising the Profession after expiry of the Authorisation 50,000+00. A
5
without a reason acceptable to RERA part of a month
shall be
rounded up to a
full month.

AED 500+00 per


month of delay,
up to AED
6 Practising the Profession after expiry of the registration on the
5,000+00. A part
Roll without a reason acceptable to RERA of a month shall
be rounded up
to a full month.

Failure to comply with the obligations stipulated in Article (16)


7 5,000+00
of this Resolution

8 Obstructing the work of RERA employees 5,000+00


Refusal by a Firm to train a Trainee Valuer without a valid
9 reason, failure to provide a Trainee Valuer with proper training, 5,000+00
or failure to send reports on the Trainee Valuer to RERA
Committing any other act that constitutes a violation of the
10 provisions of this Resolution other than the acts stated above 2,000+00
in this Schedule

62
Law No. (7) of 2013 Chairman : The chairman of the DLD.
Concerning the Land Department Director General : The director general of the DLD.
Real Property Activities : All material acts and legal dispositions related to the
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, development, sale, purchase, registration, regulation,
After perusal of: valuation, and leasing of Real Property in the Emirate, as well
The Declaration issued on 24 January 1960 Establishing the Tabou (Land) Department; as other Real Property activities and services performed,
Law No. (7) of 1997 Concerning Land Registration Fees and its amendments; regulated, or supervised by the DLD and its affiliated entities.
Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; Scope of Application
Law No. (27) of 2006 Concerning Management of the Government of Dubai Human Article (3)
Resources and its amendments;
The provisions of this Law shall apply to the Land Department established pursuant to the
Law No. (8) of 2007 Concerning Escrow Accounts for Real Property Development in the
above-mentioned Declaration issued on 24 January 1960.
Emirate of Dubai;
Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the
Head Office of the DLD
Emirate of Dubai and its amendments; Article (4)
Law No. (27) of 2007 Concerning Ownership of Jointly Owned Real Property in the Emirate
of Dubai; and The head office of the DLD shall be located in the Emirate, and the DLD may establish
Law No. (9) of 2009 Regulating the Interim Real Property Register in the Emirate of Dubai branches and offices within the Emirate.
and its amendments,
Objectives of the DLD
Do hereby issue this Law. Article (5)

Title of the Law In its capacity as the Government entity in the Emirate responsible for regulating and
Article (1) registering Real Property and promoting Real Property investment, the DLD shall have the
following objectives:
This Law shall be cited as “Law No. (7) of 2013 Concerning the Land Department”. 1. to create a world-class pro-investment Real Property environment;
2. to achieve the strategic goals of the Government in the Real Property sector;
Definitions 3. to keep up with the latest international Real Property registration systems;
Article (2) 4. to improve the effectiveness of the Real Property regulation and control in the
Emirate;
The following words and expressions, wherever mentioned in this Law, shall have the 5. to manage and develop the Real Property rental sector in the Emirate;
meaning indicated opposite each of them unless the context implies otherwise: 6. to update and develop Real Property registration systems to be consistent with the
Emirate: The Emirate of Dubai. latest international systems in this field;
7. to encourage investment in Real Property through creating a favourable
Ruler : His Highness the Ruler of Dubai. environment for Real Property investors;
Government : The Government of Dubai. 8. to increase the contribution of the Real Property sector to the comprehensive
Executive Council : The Executive Council of the Emirate of Dubai. development in the Emirate; and
DLD : The Land Department. 9. to plan and develop an integrated strategy for Real Property development in the
Emirate to achieve excellence at the international level.

64 65
Functions of the DLD 14. conduct land surveys and re-surveys and issue maps thereof;
Article (6) 15. disseminate Real Property knowledge through preparing and implementing various
In addition to the functions assigned to it pursuant to the legislation in force, the DLD Real Property training programmes to qualify those working on the Real Property
shall have the duties and powers to: market, including Developers, Real Property brokers, and other Persons engaging in
1. set, and follow up the implementation of, the policies and strategies related to Real Property activities in the Emirate, and prepare and conduct informative and
implementing the Dubai Strategic Plan with respect to developing and regulating awareness-raising programmes on the rights and duties of those involved in the
the Real Property sector in the Emirate; Real Property sector;
2. register Real Property through updating and developing Real Property registration 16. provide specialised Real Property consultations for Real Property Developers,
systems of the DLD to be consistent with the latest international systems in this brokers, investors and others;
field; 17. prepare and implement programmes and projects that contribute to promoting the
3. regulate Real Property activities through setting the rules regulating the Escrow role of UAE nationals and encouraging them to work in the Real Property sector;
Accounts for Real Property Development, Real Property brokerage offices, and joint 18. organise Real Property seminars, workshops, and conferences that aim to discuss
ownership; issues related to the Real Property market, and propose appropriate solutions for
4. encourage investment in Real Property through providing investors with them;
information and data on Real Property investment opportunities in the Emirate; 19. assess the performance of the entities affiliated to the DLD and ensure that they
5. propose the initiatives and policies required for achieving the objectives of the perform the duties and services assigned to them;
DLD, particularly those related to Real Property promotion and investment in the 20. prepare, develop, and periodically update a unified central database for the Real
Emirate; Property Activities in the Emirate; and make the data accessible to serve the
6. propose the legislation regulating the Real Property sector in the Emirate, conduct objectives and purposes of planning and decision-making;
post-application evaluation of such legislation, regulate the relationship between 21. form Real Property councils and groups, and advisory committees, comprising
Landlords and Tenants, and register Lease Contracts of Real Property Units; Persons with expertise in the various areas related to Real Property to provide the
7. license and supervise Real Property activities in the Emirate and monitor those DLD with opinions and advice on issues referred to it; and
engaging in them; 22. perform any other duties required for the achievement of the objectives of the DLD.
8. set, in cooperation and coordination with the competent entities, the appropriate
measures that ensure the protection and stability of the Real Property market in Chairman of the DLD
the Emirate; Article (7)
9. undertake Real Property promotion within and outside of the Emirate through
organising and participating in local, regional, and international Real Property a. A Chairman shall be appointed to the DLD pursuant to a decree issued by the Ruler.
conferences, events, and exhibitions; b. The Chairman shall undertake the general supervision of the DLD and make decisions
10. consider requests of Real Property investors to obtain the benefits prescribed he deems appropriate to achieve its objectives. In particular, the Chairman may:
pursuant to the legislation and the policies adopted by the DLD; 1. approve the general policy and strategic plans of the DLD and its affiliated entities;
11. prepare and issue reports and studies specialised in the Real Property market and 2. approve the organisational structure of the DLD and its affiliated entities;
in increasing awareness in that market, prepare bulletins and data to support these 3. approve the draft annual budget and financial statements of the DLD;
studies, and provide decision-makers with the findings of these studies to benefit 4. approve the fees and charges for the services provided by the DLD and its affiliated
from them in setting and implementing the Government policies and programmes; entities; and
12. provide information and data to investors on Real Property investment opportunities 5. perform any other duties or exercise any other powers related to the work of the
in the Emirate; DLD and assigned to him by the Ruler.
13. provide Real Property valuation services; c. The Chairman may delegate any of the powers vested in him pursuant to this Law or
any other legislation to the Director General.

66 67
Director General c. The DLD affiliated entities must implement the adopted plans and policies, and must
Article (8) submit periodic reports to the Director General on their work and programmes as well
as the statistics, studies, and information available to these affiliated entities.
a. A Director General shall be appointed to the DLD pursuant to a decree issued by the
Ruler. Fees
b. The Director General shall undertake the supervision of the administrative, technical, Article (11)
and financial affairs of the DLD, and shall represent it before third parties. In particular,
he may: In return for registering Real Property dispositions and providing other services, the DLD
1. propose the general policy and strategic plans of the DLD and its affiliated entities, shall collect the fees determined pursuant to the relevant resolution of the Chairman of
and supervise the implementation of these policies and plans upon being approved; the Executive Council.
2. propose the organisational structure of the DLD and its affiliated entities;
3. approve the bylaws and resolutions regulating the administrative, financial, and Financial Resources of the DLD
technical work of the DLD and its affiliated entities; Article (12)
4. propose the annual draft budget of the DLD and prepare its financial statements;
5. propose the fees and charges for the services provided by the DLD and its affiliated The financial resources of the DLD shall consist of:
entities; 1. the support allocated to the DLD in the general budget of the Government;
6. supervise the work of the executive body of the DLD and its affiliated entities; 2. the fees and charges for the services provided by the DLD; and
7. supervise the work of the executive directors of the DLD affiliated entities, and 3. any other resources approved by the Executive Council.
their implementation of the strategic and operational plans of their respective
entities; and Accounts and Financial Year of the DLD
8. perform any other duties assigned to him by the Chairman. Article (13)

Executive Body of the DLD In regulating its accounts and records, the DLD shall follow the government accounting
Article (9) rules and standards. The financial year of the DLD shall commence on 1 January and shall
end on 31 December of each year.
The executive body of the DLD shall be comprised of a number of administrative and
technical Employees. Law No. (27) of 2006 Concerning Management of the Government of Issuing Implementing Resolutions
Dubai Human Resources and its amendments shall apply to these Employees. Article (14)

DLD Affiliated Entities The Chairman of the Executive Council shall issue the resolutions required for the
Article (10) implementation of the provisions of this Law.

a. Specialised entities working in areas related to regulating, conducting, and developing Repeals
Real Property Activities in the Emirate may be affiliated to the DLD. Article (15)
b. The DLD may, in accordance with its needs and the work requirements of its affiliated
entities, propose redefining the goals and objectives of these entities, or dissolving or The Declaration issued on 24 January 1960 Establishing the Tabou (Land) Department and
merging them. These proposals shall be submitted to the competent authorities for Law No. (7) of 1997 Concerning Land Registration Fees are hereby repealed. Any provision in
approval. any other legislation shall also be repealed to the extent that it contradicts the provisions
of this Law.

68 69
Commencement and Publication
Article (16)

This Law comes into force on the day on which it is issued, and shall be published in the
Official Gazette.
Decree No. (43) of 2013
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Determining
Issued in Dubai on 18 September 2013
Corresponding to 13 Thu al-Qidah 1434 A.H. Rent Increase for Real Property in the
Emirate of Dubai

70
Decree No. (43) of 2013 Scope of Application
Determining Article (2)
Rent Increase for Real Property in the Emirate of Dubai
This Decree shall apply to Landlords, whether private or public entities, in the Emirate of
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, Dubai, including those in Special Development zones and free zones such as the Dubai
After perusal of: International Financial Centre.
Law No. (9) of 2004 Concerning the Dubai International Financial Centre and its
amendments; Average Rental Value
Law No. (16) of 2007 Establishing the Real Estate Regulatory Agency; Article (3)
Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the
Emirate of Dubai and its amendments; For the purposes of application of Article (1) of this Decree, the average rental value of
Decree No. (22) of 2009 Concerning Special Development Zones in the Emirate of Dubai; similar units shall be determined in accordance with the “Rent Index of the Emirate of
Decree No. (2) of 2011 Concerning Real Property Rent in the Emirate of Dubai; Dubai” approved by the Real Estate Regulatory Agency.
Decree No. (26) of 2013 Concerning the Rental Disputes Settlement Centre in the Emirate
of Dubai; and Publication and Commencement
The legislation regulating free zones in the Emirate of Dubai, Article (4)

Do hereby issue this Decree. This Decree comes into force on the day on which it is issued, and shall be published in
the Official Gazette.
Percentages of Increase
Article (1) Mohammed bin Rashid Al Maktoum
Ruler of Dubai
When renewing Real Property Lease Contracts, the maximum percentage of Rent increase
for Real Property in the Emirate of Dubai shall be as follows: Issued in Dubai on 18 December 2013
a. no Rent increase, where the Rent of the Real Property unit is up to ten percent (10%) Corresponding to 15 Safar 1435 A.H.
less than the average rental value of similar units;
b. five percent (5%) of the Rent of the Real Property unit, where the Rent is eleven percent
(11%) to twenty percent (20%) less than the average rental value of similar units;
c. ten percent (10%) of the Rent of the Real Property unit, where the Rent is twenty-one
percent (21%) to thirty percent (30%) less than the average rental value of similar units;
d. fifteen percent (15%) of the Rent of the Real Property unit, where the Rent is thirty-one
percent (31%) to forty percent (40%) less than the average rental value of similar units;
or
e. twenty percent (20%) of the Rent of the Real Property Unit, where the Rent is more
than forty percent (40%) less than the average rental value of similar units.

72 73
Decree No. (26) of 2013
Concerning

The Rental Disputes Settlement Centre


in the Emirate of Dubai
Decree No. (26) of 2013 Definitions
Concerning the Article (2)
Rental Disputes Settlement Centre in the Emirate of Dubai
The following words and expressions, wherever mentioned in this Decree, shall have the
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, meaning indicated opposite each of them unless the context implies otherwise:
After perusal of:
Federal Law No. (5) of 1985 Issuing the Civil Code of the United Arab Emirates and its Emirate : The Emirate of Dubai.
amendments; Ruler : His Highness the Ruler of Dubai.
Federal Law No. (11) of 1992 Issuing the Civil Procedures Code and its amendments; Executive Council : The Executive Council of the Emirate of Dubai.
Law No. (3) of 1992 Establishing the Dubai Courts and its amendments; Council : The Judicial Council.
Law No. (6) of 1992 Establishing the Judicial Council and its amendments; DLD : The Land Department.
Law No. (2) of 2003 Concerning the Profession of Renting and Leasing Real Property in the RDSC : The Rental Disputes Settlement Centre in the Emirate.
Emirate of Dubai; Tribunal : The tribunal formed at the First Instance Division or Appellate
Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai; Division of the RDSC.
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; Rental Dispute : A dispute that arises between a Landlord and a Tenant in
Law No. (27) of 2006 Concerning Management of the Government of Dubai Human relation to leasing or renting immovable property.
Resources and its amendments;
Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Objectives of the Decree
Emirate of Dubai and its amendments; Article (3)
Law No. (15) of 2009 Concerning Hearing Rental Disputes in Free Zones;
Decree No. (2) of 1993 Forming a Special Tribunal to Determine Disputes between Landlords With a view to supporting sustainable development in the Emirate, this Decree aims
and Tenants and its amendments; to establish a specialised judicial system to hear Rental Disputes, and to develop the
Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of procedure for determination of such disputes through an expeditious and simple process
Real Property in the Emirate of Dubai and its amendments; and for the purpose of realising social and economic stability for all Persons engaged in the
Local Order No. (1) of 2004 Concerning the Fees of the Rent Tribunal in the Emirate of Real Property rental sector and other related sectors.
Dubai,
Scope of Application
Do hereby issue this Decree. Article (4)

Title of the Decree a. The provisions of this Decree shall apply to the Special Tribunal to Determine Disputes
Article (1) between Landlords and Tenants formed pursuant to the above-mentioned Decree No.
(2) of 1993.
This Decree shall be cited as “Decree No. (26) of 2013 Concerning the Rental Disputes b. The name “Special Tribunal to Determine Disputes between Landlords and Tenants”
Settlement Centre in the Emirate of Dubai”. is hereby replaced by the name “Rental Disputes Settlement Centre in the Emirate of
Dubai”.

76 77
Head Office of the RDSC Chairman of the RDSC
Article (5) Article (8)

The RDSC shall have its head office in the DLD, and may establish other offices in the A chairman, who must be a judge whose grade is not lower than the grade of an appellate
Emirate. court judge, shall be appointed to the RDSC pursuant to a decree issued by the Ruler. The
Jurisdiction of the RDSC chairman shall undertake the supervision of the judicial sector of the RDSC and shall, in
Article (6) particular:
1. supervise the distribution of claims at the First Instance Division and the Appellate
a. The RDSC shall have the exclusive jurisdiction to: Division;
1. determine all Rental Disputes that arise between Landlords and Tenants of Real 2. propose the regulations and resolutions for the purpose of regulating work in the
Property situated in the Emirate, including in free zones, and counterclaims arising judicial sector of the RDSC, including the fees and the charges for services provided
therefrom, as well as determine applications for interim or urgent relief filed by any by the RDSC; and
of the parties to a Lease Contract; 3. coordinate with all judicial and government entities with respect to all matters
2. determine appeals from the decisions and judgments that are subject to appeal in relating to the work of the RDSC in the judicial sector.
accordance with the provisions of this Decree and the regulations and resolutions
issued in pursuance hereof; and Secretary General of the RDSC
3. enforce the decisions and judgments issued by the RDSC in the Rental Disputes Article (9)
that fall within its jurisdiction.
b. The RDSC shall have no jurisdiction to hear the following Rental Disputes: A secretary general shall be appointed to the RDSC pursuant to a resolution issued by the
1. Rental Disputes that arise within the free zones which have tribunals or special Director General of the DLD to undertake the supervision of the administrative sector of
courts having jurisdiction to determine the Rental Disputes that arise within their the RDSC and any other duties assigned or delegated to him by the chairman of the RDSC.
boundaries;
2. Rental Disputes that arise from a lease finance contract; and Mediation and Conciliation Directorate
3. disputes that arise from long-term Lease Contracts governed by the above- Article (10)
mentioned Law No. (7) of 2006.
a. A Mediation and Conciliation Directorate shall be established in the RDSC with the
Organisational Structure of the RDSC power to amicably settle Rental Disputes in accordance with the rules adopted in this
Article (7) respect by the chairman of the RDSC, with the exception of the following:
1. orders, applications, and claims which are urgent or interim; and
a. The organisational structure of the RDSC shall consist of two (2) sectors: a judicial 2. claims that have been registered before the effective date of this Decree.
sector and an administrative sector. b. The Mediation and Conciliation Directorate shall be comprised of a number of legal
b. The judicial sector shall comprise the following divisions and organisational units: practitioners and experts to be appointed by the DLD.
1. the Mediation and Conciliation Directorate; c. Rental Disputes submitted to the Mediation and Conciliation Directorate shall be
2. the First Instance Division; heard and settled by a number of specialists working under the supervision of a judge
3. the Appellate Division; and seconded to work with the RDSC for this purpose.
4. the Judgment Enforcement Directorate. d. The Mediation and Conciliation Directorate shall hear a Rent Dispute submitted to
c. The administrative sector of the RDSC shall comprise a number of organisational units it by summoning the parties or their representatives, reviewing the documents and
charged with the duty of providing technical and administrative support to the judicial related evidence, proposing a settlement to the parties, and reconciling their points of
sector. view for the purpose of reaching amicable settlement of the Rent Dispute.

78 79
e. The time bar periods and limitation periods stipulated by the legislation in force shall First Instance Division
be suspended from the date of registering the Rent Dispute with the Mediation and Article (13)
Conciliation Directorate.
f. The Mediation and Conciliation Directorate shall seek to amicably settle the Rent a. The First Instance Division shall be comprised of a sufficient number of Tribunals,
Dispute within a period not exceeding fifteen (15) days from the date of appearance of each of which is formed of a chair and two (2) competent and experienced members
the parties before it. This period may be extended for the same period or periods by a specialised in law and Real Property. These Tribunals shall have the jurisdiction to
decision of the judge supervising the Mediation and Conciliation Directorate. determine the Rental Disputes referred to in Article (6) of this Decree. The chair of each
g. Where settlement between the parties to the Rent Dispute is reached, this settlement Tribunal must be a judge, but the Chairman of the Council may appoint an experienced
shall be documented in a settlement agreement signed by the parties and approved and specialised legal practitioner as the chair of any of these Tribunals.
by the judge supervising the Mediation and Conciliation Directorate. This agreement b. The chairman of the RDSC may designate one or more Tribunals within the First
shall have the force of a writ of execution. Instance Division to hear certain types of Rental Disputes depending on the nature of
h. The Mediation and Conciliation Directorate may, as it deems appropriate, seek claims, or the location or nature of use of leased Real Property Units.
assistance from experts and specialists to provide technical expertise in the matters
submitted to it. The decision to seek assistance from an expert shall specify the Appellate Division
scope of his assignment, the period required for completion of this assignment, his Article (14)
remuneration, and the party responsible for payment of that remuneration.
i. A fee shall be charged for the registration of a Rent Dispute submitted to the Mediation The Appellate Division shall be comprised of a sufficient number of Tribunals, each
and Conciliation Directorate in accordance with the fees prescribed for the registration of which is formed of two (2) judges and one (1) person known for his experience and
of claims by the RDSC. One-half of the fee shall be refunded if amicable settlement is expertise in Real Property. The chair of each Tribunal must be a judge. These Tribunals shall
reached between the parties to the Rent Dispute. have jurisdiction to determine the appeals from decisions and judgments issued by the
First Instance Division. Judgments of the Appellate Division shall be final and not subject
Appointment of Chairs and Members of Tribunals to any form of appeal, and shall be enforced in accordance with the procedures and rules
Article (11) adopted by the RDSC.

The chairs and members of the Tribunals that constitute the First Instance Division and Meetings of Tribunals
Appellate Division shall be appointed pursuant to a resolution of the Chairman of the Article (15)
Council.
Meetings of Tribunals shall be valid if attended by all their members, and their decisions
Taking the Oath and judgments shall be issued in the name of the Ruler, unanimously or by majority vote.
Article (12)
Determining Claims
Before assuming their duties, members of Tribunals who are not judges shall take the Article (16)
following oath before the Chairman of the Council: “I swear by Allah the Almighty that
I shall administer justice, respect the laws, and discharge my duties with integrity and The Tribunals formed under the provisions of this Decree must determine the rental claims
honesty”. referred to them within a period not exceeding thirty (30) days from the date of referral
of the claim file to them. This period may be extended for the same period in accordance
with the rules and procedures adopted in this respect by the Chairman of the Council.

80 81
Appeals from Judgments of the First Instance Division Applicable Sources
Article (17) Article (19)

a. Judgments of the First Instance Division shall be appealed to the Appellate Division, Tribunals shall determine the Rental Disputes and appeals submitted to them by reference
with the exception of judgments issued in rental claims whose value is less than one to:
hundred thousand Dirhams (AED 100,000.00), which shall be final and not subject to 1. the legislation in force in the Emirate;
any form of appeal. 2. the provisions of Islamic Sharia;
b. Judgments issued by the First Instance Division in claims whose value is less than 3. the principles of natural justice, equity, and fairness; and
the amount mentioned in paragraph (a) of this Article may be appealed in any of the 4. custom, provided that such custom does not contradict the laws, public order, or public
following cases: morals.
1. where an eviction judgment is issued;
2. where the judgment is issued in breach of the rules of jurisdiction; Operating Procedures of the RDSC
3. where the judgment grants relief that has not been requested by the parties or Article (20)
that exceeds what they have requested, or where the judgment fails to address any
requests made by the parties; The Chairman of the Council shall issue regulations concerning the procedures and rules
4. where the judgment is issued against a Person who was not duly represented in to be adopted by the RDSC in all matters relating to the registration, determination,
the claim, or where the service of the relevant summons was invalid; and enforcement of claims and applications by the First Instance Division, the Appellate
5. where the judgment is based on documents which are acknowledged as or judicially Division, the Mediation and Conciliation Directorate, or the Judgment Enforcement
declared to be false after the judgment has been issued, or where the judgment is Directorate. Until these regulations are issued, the RDSC may be guided by the provisions
based upon a testimony that is judicially declared to be false after the judgment of the procedural rules adopted by the Special Tribunal to Determine Disputes between
has been issued; or Landlords and Tenants.
6. where a party to a contract conceals from the First Instance Division evidence or
documents that would have changed the judgment. Enforcement of Judicial Judgments
Article (21)
Time Limit for Appeal of Judgments
Article (18) All final and irrevocable judgments issued by the First Instance Division and the Appellate
Division shall be enforced by the Judgment Enforcement Directorate of the RDSC. The
a. The time limit for appeal of a judgment issued by the First Instance Division is fifteen chairman of the RDSC may seek assistance from the Enforcement Department of the
(15) days from the day following the date of the hearing in which the judgment was Dubai Courts to enforce the judgments issued by the RDSC.
issued. Where the party against whom the judgment is issued has failed to appear in
all hearings of the claim and failed to submit a statement of defence, the time limit for Appeals from Decisions and Judgments
appeal shall commence from the date on which he is served with the judgment. Issued before the Effective Date of this Decree
b. To admit an appeal of a judgment issued by the First Instance Division in respect of Article (22)
financial claims, the judgment debtor must deposit half of the judgment amount with
the RDSC until the appeal is determined. Notwithstanding the foregoing, the chairman Subject to the provisions of Article (17) of this Decree, the decisions and judgments that
of the RDSC may decide to admit the appeal without the deposit of that amount or were not enforced before the effective date of this Decree may be appealed within thirty
upon payment of a part thereof. (30) days from that effective date.

82 83
Fees Transitional Provisions
Article (23) Article (28)

a. In return for registering the claims and applications submitted to the RDSC and other a. Except for cases reserved for judgment, the RDSC shall hear and determine all claims
services provided by it, the RDSC shall collect the fees determined pursuant to the and applications being heard by the effective date of this Decree by the Special Tribunal
relevant resolution of the Chairman of the Executive Council. to Determine Disputes between Landlords and Tenants. These claims and applications
b. The fees stipulated in the above-mentioned Local Order No. (1) of 2004 shall continue shall be referred to the RDSC in their current state.
to apply until the Executive Council resolution referred to in paragraph (a) of this b. All Employees of the Special Tribunal to Determine Disputes between Landlords and
Article is issued. Tenants shall be transferred to the DLD as of the effective date of this Decree without
prejudice to their existing rights. Law No. (27) of 2006 Concerning Management of
Remuneration of the Members of Tribunals the Government of Dubai Human Resources and its amendments shall apply to these
Article (24) Employees.

The Chairman of the Council shall issue regulations concerning the financial remuneration Repeals
that may be paid to chairs and members of Tribunals. Article (29)

Automation and Use of Technology a. This Decree supersedes Law No. (15) of 2009 Concerning Hearing Rental Disputes in
Article (25) Free Zones and Decree No. (2) of 1993 Forming a Special Tribunal to Determine Disputes
between Landlords and Tenants.
The work of the RDSC, in the judicial and administrative sectors, shall be automated to b. Any provision in any other legislation shall be repealed to the extent that it contradicts
ensure simplification of procedure and expeditious determination of Rental Disputes. the provisions of this Decree.

Providing Support to the RDSC Issuing Implementing Resolutions


Article (26) Article (30)

The DLD shall provide all necessary support to the RDSC to enable it to perform the The Chairman of the Council shall issue the resolutions required for the implementation
functions assigned to it pursuant to this Decree, including providing office premises and of the provisions of this Decree.
administrative, financial, and technical support.
Publication and Commencement
Financial Resources of the RDSC Article (31)
Article (27)
This Decree shall be published in the Official Gazette and shall come into force sixty (60)
The financial resources of the RDSC shall consist of: days after the date of its publication.
1. the support allocated to the RDSC in the budget of the DLD; and
2. the fees and charges for the services collected by the RDSC with respect to claims, Mohammed bin Rashid Al Maktoum
applications, transactions, and services provided by the RDSC. Ruler of Dubai

Issued in Dubai on 18 September 2013


Corresponding to 13 Thu al-Qidah 1434 A.H.

84 85
Executive Council Resolution No. (30) of 2013

Approving Fees of the Land Department


Executive Council Resolution No. (30) of 2013 possession of Real Property is transferred. This includes, without
Approving Fees of the Land Department limitation, contracts transferring usufruct rights or long-term lease
rights provided for by the above-mentioned Law No. (7) of 2006, and
We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman rent-to-own contracts.
of the Executive Council,
Approval of Fees
After perusal of:
Article (2)
Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai;
Pursuant to this Resolution, the Fees for registration of Real Property Dispositions in the
Law No. (27) of 2007 Concerning Ownership of Jointly Owned Real Property in the
Real Property Register, including those related to completed, under-construction, or off-
Emirate of Dubai;
plan Real Property, as well as the Fees for services provided by the DLD, as set out in the
Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of
Schedule attached hereto, are approved.
Dubai and its amendments;
Law No. (14) of 2009 Concerning the Pricing of Government Services in the Emirate of Fee Collection Rules
Dubai; Article (3)
Law No. (35) of 2009 Concerning Management of the Public Funds of the Government of
Dubai and its amendments; When collecting the Fees prescribed by Article (2) of this Resolution, the following shall
Law No. (7) of 2013 Concerning the Land Department; apply:
Decree No. (4) of 2010 Regulating the Transfer of Title to Granted Industrial and 1. unless agreed otherwise, the Fee for the sale of Real Property shall be shared
Commercial Land in the Emirate of Dubai; and equally by the seller and purchaser;
Executive Council Resolution No. (24) of 2006 Approving Fees for Real Property 2. unless agreed otherwise, the Fee for registering a usufruct or long-term lease right
Transactions in the Emirate of Dubai, provided for by the above-mentioned Law No. (7) of 2006 shall be paid by collection
of two percent (2%) of the value of the Real Property from the owner, Landlord, or
Do hereby issue this Resolution. holder of the usufruct right, and collection of two percent (2%) of the value of the
Real Property from the Tenant or holder of the usufruct right;
Definitions 3. unless agreed otherwise, the Fee for registering a rent-to-own contract shall be
Article (1) paid by collection of two percent (2%) of the value of the Real Property from the
Landlord, and collection from the Tenant of two percent (2%) of the value of the Real
The following words and expressions, wherever mentioned in this Resolution, shall have Property plus a quarter of a percent (0.25%) of the value of the amount financed;
the meaning indicated opposite each of them unless the context implies otherwise: 4. the Fees for registering the subdivision of co-owned Real Property shall be paid by
the co-owners in proportion to their respective shares prior to the subdivision;
Emirate : The Emirate of Dubai. 5. unless agreed otherwise, the Fees for registering contracts for the use and
DLD : The Land Department. development of the land of another Person (Musataha), contracts transferring
Fee : Any of the amounts and percentages prescribed pursuant the share of Real Property belonging to an heir to the other heirs (Takharuj), gifts,
to this Resolution as charges for the registration of Real shalls, mortgages, debt conversions, and family endowments (Family Waqf), and
Property Dispositions or other services provided by the DLD. registering the rights of the heirs of tenants, shall be paid by the Person to whom
Real Property Register : The Real Property Register or the Interim Real Property the rights are transferred; and
Register in which Real Property Dispositions are registered. 6. Fees for dispositions other than those stipulated in paragraphs (1), (2), (3), (4), and
Real Property Disposition : Any legal disposition pursuant to which the ownership or (5) of this Article shall be paid by the applicant.

88 89
Fee Assessment Grievances
Article (4) Article (8)

For the purpose of calculating the Fees payable under this Resolution, the DLD may: Any affected party may submit a written grievance to the Director General of the
1. verify the value of the Real Property in respect of which the Real Property Disposition DLD against any decision or measure taken against him under this Resolution. The
is made; and grievance shall be determined, within thirty (30) days from the date of submission of the
2. assess the value of the Real Property and Real Property Dispositions where that grievance, by a committee formed by the Director General of the DLD for this purpose,
value is undetermined, where it is established that the value stated in the relevant and the decision on the grievance shall be final.
disposition contract is less than the market value, or where false information or
data is provided with respect to these Real Property and Real Property Dispositions. Payment of Fees and Fines
Article (9)
Evasion of Fees
Article (5) The Fees and fines collected pursuant to this Resolution shall be paid to the Public
Treasury of the Government of Dubai.
The following acts shall be deemed as evasion of Fees:
1. providing false information about the value of a Real Property Disposition; Issuing Implementing Resolutions
2. acting in a fraudulent manner or using any means whatsoever to evade the Article (10)
payment of Fees; or
3. performing any other act with a view to evading the payment of Fees. The Director General of the DLD shall issue the resolutions required for the
implementation of the provisions of this Resolution.
Fines
Article (6) Publication and Commencement
Article (11)
a. Without prejudice to any stricter penalty stipulated in any other legislation, a Person
who commits any of the acts provided for in Article (5) of this Resolution shall be This Resolution shall be published in the Official Gazette and shall come into force on
punished by a fine of double the prescribed Fee. the day on which it is published.
b. Any Real Property developer or broker who assists a Person under obligation to pay
Fees in evading the payment of these Fees shall be punished by the same penalty Hamdan bin Mohammed bin Rashid Al Maktoum
stipulated in paragraph (a) of this Article. Crown Prince of Dubai

Law Enforcement Chairman of the Executive Council


Article (7) Issued in Dubai on 18 September 2013
Corresponding to 13 Thu al-Qidah 1434 A.H.
The DLD employees determined pursuant to a resolution of its Director General, in
coordination with the Director General of the Government of Dubai Legal Affairs
Department, shall have the capacity of law enforcement officers to record the acts
committed in breach of the provisions of this Resolution and the resolutions issued in
pursuance hereof. For this purpose, they may issue the violation reports required in this
regard.

90 91
Schedule
Fees for Registration of Real Property Dispositions and
Other Services Provided by the Land Department

SN Description Fee (in Dirhams) SN Description Fee (in Dirhams)

4% of the value 4.25% (being 4%


1 Registering a Real Property sale contract
of the sale of the value of
contract the Real
6 Registering Ijara (Islamic Finance)
Property, and
0.25% of the
AED 10.00 per
total value of
square metre of
the rent-to-own
the land plot on
contract)
which the
2 Registering a warehouse sale contract warehouse is 7 Amending the registration of a rent-to-own contract AED 1,000.00
constructed,
provided that
0.25% of the
the Fee is not Application for transferring the ownership of Real Property
8 total value of
less than AED from one financer to another in a rent-to-own contract the rent-to-own
10,000.00
contract

Creating an entry on the Real Property registry folio to denote AED 1,000.00
9
30% of the that a rent-to-own contract is terminated
Transfer of title to granted industrial or commercial land to the
3 market value of 0.25% of the
beneficiary
the land 10 Registering a mortgage contract mortgage (debt)
value

Transfer of title to granted industrial or commercial land to the 50% of the 11 Variation of the details of a mortgage AED 1,000.00
4 possessor market value of
the land 0.25% of the
12 Transferring a mortgage mortgage (debt)
0.125% of the value
value of the 13 Discharging a mortgage AED 1,000.00
Real Property
5 Registering a gift of Real Property granted as a 4% of the total
gift, provided 14 Registering a long-term Lease Contract value of the
that the Fee is Lease Contract
not less than
AED 2,000.00 15 Amending the registration of a long-term Lease Contract AED 1,000.00

92 93
SN Description Fee (in Dirhams) SN Description Fee (in Dirhams)

2% of the Real AED 2,000.00


16 Registering a usufruct right 28
Property value Registering a family endowment (family Waqf) per Real
Property
1% of the
Registering a contract for the use and development of the land consideration 1% of the value
17 paid for the 29 of the Real
(of another Person (Musataha Transferring the share of Real Property belonging to an heir to
Musataha the other heirs (Takharuj) Property subject
contract to the transfer
Amending the registration of a contract for the use and (Takharuj)
18 AED 1,000.00
(development of the land of another Person (Musataha 1% of the value
1% of the of the Real
30 Subdividing a co-owned Real Property between co-owners
consideration Property subject
19 Transferring a contract for the use and development of the
paid for the to subdivision
(land of another Person (Musataha
Musataha
contract 31 Issuing a ‘To Whom It May Concern’ Certificate AED 50.00

Terminating a contract for the use and development of the


20 AED 1,000.00
(land of another Person (Musataha 32 Confirming the ownership of Real Property AED 5,000.00
1% of the
auction value, 0.125% of the
provided that value of the
21 Supervising the sale of Real Property by public auction 33 Registering a will
the Fee does not willed Real
exceed AED Property
30,000.00 34 Valuating vacant land AED 2,000.00
22 Issuing a title deed of Real Property AED 250.00 Valuating land allocated for a Real Property development
35 AED 10,000.00
23 Holding an electronic public auction AED 10,000.00 project
24 Licensing a public auction outside the DLD AED 10,000.00 36 Valuating agricultural land AED 6,000.00
Issuing a replacement for a lost/ damaged title deed or 37 Valuating a Real Property Unit (exclusive of the land) AED 4,000.00
25 AED 1,000.00
possession certificate of Real Property
38 Valuating land on which a hotel is constructed AED 15,000.00
26 Registering land granted as a gift AED 500.00
Registering the ownership of Real Property in the name of AED 1,000.00 Valuating land on which a villa compound/ commercial AED 6,000.00
27 per inherited 39
heirs building is constructed
Real Property

94 95
SN Description Fee (in Dirhams) SN Description Fee (in Dirhams)

40 Valuating land on which a residential villa is constructed AED 4,000.00 56 Approving a building plan AED 500.00

41 Determining the location of a site AED 200.00 57 Approving a 3D plan of common areas in a building AED 500.00

Issuing a replacement for a lost/ damaged Real Property AED 250.00 58 Approving a volumetric 3D plan (BMS) AED 1,000.00
42
Disposition contract or certificate
59 Applying for a Real Property Unit survey AED 3,000.00
Converting a Lease Contract with a term of up to ninety-nine 1% of the value
43 (99) years, which is concluded prior to the effective date of this of the Real 60 Issuing a land map AED 100.00
Resolution, into an ownership contract Property
61 Surveying a business centre AED 2,000.00
44 Issuing a usufruct certificate AED 250.00
45 Cancelling a Real Property Disposition AED 1,000.00 62 Issuing a villa/ Real Property Unit plan AED 250.00

Creating an entry on the Real Property registry folio (other 63 Issuing a plan of common areas in Real Property AED 3,000.00
46 AED 100.00
than in relation to a mortgage)
64 Issuing a 3D building plan AED 5,000.00
0.25% of the
Registering a lease finance contract of Real Property in the
47 value of the 65 Issuing a plan of common areas in a building AED 5,000.00
name of the financer
Real Property
66 Issuing a building plan AED 2,500.00
48 Amending/ removing an entry on a Real Property registry folio AED 1,000.00
67 Issuing a 3D plan of common areas in a building AED 5,000.00
Authorising the cancellation of registration of a Real Property
49 AED 500.00
Unit sale contract Issuing a plan of common areas (component plan) AED 5,000.00
68
50 Effecting a Real Property settlement AED 3,000.00
69 Issuing a map of an island AED 450.00
51 Amalgamating/ separating Real Property AED 500.00
70 Issuing a land map and conducting a field survey AED 500.00
AED 250.00 per
52 Amending an entry in the Interim Real Property Register Real Property Issuing a villa/ Real Property Unit plan and conducting a field
71 survey AED 600.00
Unit
Issuing a plan of common areas of land and conducting a field AED 5,000.00
Approving the plan of a land plot/ Real Property Unit/ villa and 72
53 AED 50.00 survey
its appurtenances
73 Issuing a building plan and conducting a 2D survey AED 3,000.00
54 Approving the plan of common areas of land AED 250.00
Issuing a plan of common areas (component plan) and
AED 350.00 74 AED 5,000.00
55 Approving a plan of common areas in a building conducting a field survey

96 97
SN Description Fee (in Dirhams)
Decree No. (4) of 2010
75 Issuing a map of an island and conducting a field survey AED 3,000.00
Regulating the Transfer of Title to
76 AED 2,500.00
Training a Real Property registrar
per course

77 Changing the time of a training course


Granted Industrial and Commercial Land
AED 500.00

78 Issuing a report on a Real Property investment project AED 500.00


in the Emirate of Dubai
Attending at the client’s premises upon request to process a
79 AED 2,000.00
Real Property transaction

80 Processing an urgent Real Property Disposition transaction AED 5,000.00

81 Joining Taskeen programme AED 400.00

82 Joining Tayseer Programme AED 10,000.00

83 Joining a project in Tayseer Programme AED 10,000.00

84 Joining Tanmia Programme by a Real Property developer AED 1,000.00

85 Joining the Real Property Investment Plan of the Emirate of


AED 500.00
Dubai
Joining the Real Property Investment Plan of the Emirate of
86 AED 5,000.00
Dubai by a Real Property developer

87 Joining the Real Property Sustainability Standards Initiative AED 10,000.00

98
Decree No. (4) of 2010 Procedures for Transferring the Title to Granted Land
Regulating the Transfer of Title to Article (3)
Granted Industrial and Commercial Land in the Emirate of Dubai
The ownership of Granted Land shall be transferred to a Beneficiary in accordance with
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, the following procedures:
After perusal of: 1. The Beneficiary shall submit to the DLD an application for transfer of title to the
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; Granted Land. The DLD shall consider the application, in coordination with other
The Instructions Issued on 20 September 1994 Concerning Land Granted by the concerned entities in the Emirate where required, and shall issue the appropriate
Government to UAE Nationals in the Emirate of Dubai; decision in this regard.
The Order Issued on 20 September 1994 Prohibiting Notaries Public from Attesting 2. Upon payment by the Beneficiary of the transfer fee prescribed in this Decree, the
Contracts, Agreements, or Documents Related to the Disposition of Granted Land; and DLD shall follow the procedures for transfer of title to the Granted Land to the
The Order Issued on 12 July 2004 Concerning Residential Land Granted to UAE Nationals Beneficiary, register it in his name in the Real Property Register, and issue its title
in the Emirate of Dubai, deed.

Do hereby issue this Decree. Fees for Transfer of Title to Granted Land
Article (4)
Definitions
Article (1) A Beneficiary who wishes to transfer the ownership of industrial or commercial land to
himself shall be charged a transfer fee of thirty percent (30%) of the market value of the
The following words and expressions, wherever mentioned in this Decree, shall have the land as determined by the DLD at the time of transfer.
meaning indicated opposite each of them unless the context implies otherwise:
Emirate: The Emirate of Dubai. Transfer of Title to Granted Land to Possessors
Article (5)
Government : The Government of Dubai.
DLD : The Land Department. a. Notwithstanding the provisions of any other legislation, a possessor of Granted Land
Granted Land : Any industrial or commercial land whose usufruct is granted to UAE who acquires its possession by way of sale by a Beneficiary may request transferring the
nationals. freehold title to that land to himself without any restriction on its use or exploitation.
This includes : 1. land in respect of which disposition orders are issued; and b. The DLD shall transfer the title to the Granted Land to the possessor upon considering
2. Granted Land which is conveyed to others by way of inheritance, his application, and verifying the validity of his acquisition of the land possession and
assignment, or gift; or in return for consideration. that he has paid the transfer fee of fifty percent (50%) of the market value of the land.
Beneficiary : A UAE national who is awarded Granted Land.
Issuing Implementing Resolutions
Transfer of Title to Granted Land Article (6)
Article (2)
The Director General of the DLD shall issue the instructions required for the implementation
Upon the request of a Beneficiary, the freehold title to his Granted Land may be transferred of the provisions of this Decree.
to him without any restriction on the use, exploitation, or disposition thereof.

100 101
Repeals
Article (7)

Any provision in any other legislation shall be repealed to the extent that it contradicts the
provisions of this Decree.
Decree No. (56) of 2009
Commencement and Publication
Article (8) Forming a Special Tribunal to Determine
This Decree comes into force on the day on which it is issued, and shall be published in
the Official Gazette. Cheque Disputes Relating to Real
Mohammed bin Rashid Al Maktoum Property Transactions
Ruler of Dubai

Issued in Dubai on 2 March 2010


Corresponding to 16 Rabi al-Awwal 1431 A.H.

102
Decree No. (56) of 2009 Article (4)
Forming a Special Tribunal to Determine
Cheque Disputes Relating to Real Property Transactions For the purpose of determining the cheque-related complaints filed with it, the Tribunal
shall have the authority to:
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, 1. cancel a dishonoured cheque issued to a Real Property developer if it is proven that
After perusal of: the developer is not entitled to the amount of the cheque;
Law No. (3) of 1992 Establishing the Dubai Courts and its amendments; 2. order the cheque issuer to write a new cheque payable on a date prescribed by the
Law No. (1) of 1994 Concerning Court Fees and its amendments; Tribunal to replace the cheque subject of the complaint;
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; 3. refer the dishonoured cheque to the competent judicial authority to take the
Law No. (8) of 2007 Concerning Escrow Accounts for Real Property Development in the appropriate legal action against the cheque issuer if the Real Property developer is
Emirate of Dubai; and entitled to the amount of the cheque; or
Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai 4. seek the assistance of Real Property experts and specialists as it deems appropriate.
and its amendments,
Article (5)
Do hereby issue this Decree.
a. Law enforcement authorities, including the police, must refer to the Tribunal all
Article (1) cheque-related complaints governed by the provisions of this Decree.
b. The Public Prosecution and the Courts may not investigate any case of dishonoured
Pursuant to this Decree a special tribunal named the “Special Tribunal to Determine cheques governed by this Decree, or determine any dispute related to these cheques,
Cheque Disputes Relating to Real Property Transactions” (the “Tribunal”) is formed as before the dispute is referred to and heard by the Tribunal. In addition, the Public
follows: Prosecution and the Courts must cease hearing any complaint or penal action related
1. a judge from the Court of Appeal of the Dubai Courts, as chairman; to these cheques, and refer the same to the Tribunal for consideration in accordance
2. a judge from the Court of First Instance of the Dubai Courts, as member; and with the provisions of this Decree.
3. a representative from the Land Department, as member.
Article (6)
Article (2)
A judgement rendered by the Tribunal shall be irrevocable, definitive, and not subject to
Before assuming his duties, a member of the Tribunal who is not a judge shall take the appeal.
following oath before the Director of His Highness the Ruler’s Court: These judgments shall be enforced through the Enforcement Department of the Dubai
“I swear by Allah the Almighty that I shall administer justice, respect the laws, and Courts.
discharge my duties with integrity and honesty.”
Article (7)
Article (3)
Subject to the provisions of this Decree, the Tribunal shall exercise its powers in accordance
with:
The Tribunal shall have exclusive jurisdiction to determine complaints related to
1. the laws in force in the Emirate of Dubai;
dishonoured cheques issued by purchasers to Real Property developers, or cheques issued
2. the provisions of Islamic Sharia;
by the usufructuaries and long-term lease Tenants of Real Property whose rights are
3. custom, unless it contradicts the law, public order, or public morals; and
governed by the above-mentioned Law No. (7) of 2006.
4. the principles of natural justice, equity, and fairness.

104 105
Article (8)

This Decree comes into force on the day on which it is issued, and shall be published in
the Official Gazette.

Mohammed bin Rashid Al Maktoum Law No. (13) of 2008


Ruler of Dubai
Regulating the
Issued in Dubai on 1 November 2009
Corresponding to 13 Thu al-Qidah 1430 A.H.
Interim Real Property Register in the
Emirate of Dubai

106
Law No. (13) of 2008 Real Property : Land and any fixed structures constructed on it which cannot
Regulating the be moved without damage or alteration to its structure.
Interim Real Property Register in the Emirate of Dubai Real Property Unit : A designated part of Real Property, including any part
designated on its plan.
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, Off-plan Sale : The sale of a Real Property Unit which is designated on plan
After perusal of: or is under construction, or whose construction is incomplete.
Law No. (7) of 1997 Concerning Land Registration Fees; Master Developer : A Person who is licensed to conduct Real Property
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; Development activity in the Emirate and to sell Real Property
Law No. (8) of 2007 Concerning Escrow Accounts for Real Property Development in the Units to others.
Emirate of Dubai; Sub-developer : A Person licensed to conduct Real Property Development
Law No. (27) of 2007 Concerning Ownership of Jointly Owned Real Property in the activity and to sell Real Property Units to others; and who
Emirate of Dubai; undertakes part of a Real Property Development project of a
Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of Master Developer under an agreement between them.
Real Property in the Emirate of Dubai; and Broker : A Person who conducts Real Property Brokerage business in
Bylaw No. (85) of 2006 Regulating the Real Property Brokers Register in the Emirate of accordance with Bylaw No. (85) of 2006 Regulating the Real
Dubai, Property Brokers Register in the Emirate of Dubai.
Competent Entity : Any of the entities in charge of licensing or registering Real
Do hereby issue this Law. Property projects in the Emirate.

Article (1) Article (3)

This Law shall be cited as “Law No. (13) of 2008 Regulating the Interim Real Property 1. Any disposition in respect of a Real Property Unit sold off-plan must be registered on
Register in the Emirate of Dubai”. the Interim Real Property Register. Any sale or other legal disposition involving the
transfer or restriction of ownership, or any of its associated rights, shall be null and
Article (2) void unless it is registered on the Interim Real Property Register.
2. Any developer who has disposed of a Real Property Unit by way of sale, or any other
The following words and expressions shall have the meaning indicated opposite each of disposition involving the transfer or restriction of ownership, by the effective date of
them unless the context implies otherwise: this Law must apply to the DLD to register that sale or other disposition on the Real
Property Register or the Interim Real Property Register, as the case may be, no later
Emirate : The Emirate of Dubai. than sixty (60) days from the date on which this Law comes into force.
DLD : The Land Department.
Real Property Register : The real property register maintained by the DLD. Article (4)
Interim Real Property Register : A set of documents which are created or maintained
by the DLD in paper format or in electronic format A Master Developer or Sub-developer may not commence the implementation of a project
as part of its electronic registry, and in which the or sell its units off-plan unless he takes possession of the land on which the project is to
details of off-plan sale contracts, and other off-plan be constructed and obtains the necessary approvals from the Competent Entities in the
legal dispositions, of Real Property are recorded prior Emirate.
to transferring them to the Real Property Register. In all events, the DLD must create an entry on the registry folio of the Real Property to
denote that it is being developed.

108 109
Article (5) Article (10)

An application for registration of a Real Property Unit in the Interim Real Property Register No Developer or Real Property Broker may conclude a simple contract for off-plan sale of
shall be submitted on the form prescribed for this purpose. The application must be Real Property or Real Property Units in projects that are not approved by the Competent
accompanied by all necessary information and documents in accordance with the rules Entities. Any contract which is concluded prior to obtaining that approval shall be null and
and procedures adopted by the DLD. void.

Article (6) Article (11)

Real Property Units sold off-plan and registered on the Interim Real Property Register 1. Where a purchaser breaches any of the terms of the Real Property Unit sale agreement
maintained by the DLD may be disposed of by way of sale, mortgage, or any other legal concluded with the Developer, the Developer must notify the DLD of the breach. In
disposition. that case, the DLD must give the purchaser a grace period of thirty (30) days to fulfil
his contractual obligations, by serving him a notice in person or in writing through
Article (7) registered mail or email.
2. If the purchaser fails to fulfil his contractual obligations within the grace period
No Master Developer or Sub-developer may charge any fees for the sale, resale, or any set forth in sub-paragraph (1) of this Article, the Developer may terminate the
other legal disposition in respect of completed or off-plan Real Property Units, except for sale agreement and refund the amounts received by him from the purchaser after
the administrative expenses charged to third parties by the Master Developer or Sub- deducting a maximum of thirty percent (30%) of these amounts.
developer, as approved by the DLD.
Article (12)
Article (8)
The area of a sold Real Property Unit shall be deemed to be correct. Any excess area
A Developer must register any completed project in the Real Property Register maintained discovered after the handover of the unit shall not be taken into account, and the
by the DLD once he receives the relevant completion certificate from the Competent Developer may not claim any payment for that excess area. In case of any shortage in the
Entities. This includes registering sold Units in the names of their respective purchasers area of the Real Property, the Developer must compensate the purchaser for that shortage.
who have fulfilled their contractual obligations in accordance with the procedures adopted However, if the shortage is insignificant, the Developer shall not be bound to compensate
by the DLD. the purchaser for the same.
For the purposes of this Article, the DLD may, upon the request of a purchaser or on its
own initiative, register in the name of that purchaser on the Real Property Register the Article (13)
Real Property Units that have been sold off-plan and registered in his name in the Interim
Real Property Register, provided that the purchaser fulfils all his contractual obligations. Where it is established to the satisfaction of the DLD that a Developer or Broker has
committed any act or omission in violation of the provisions of this Law, or any other
Article (9) legislation in force, the Director General of the DLD must prepare a report on the same
and refer the case to the Competent Entities for investigation.
If a Developer wishes to market his project through a Broker, he must conclude an
agreement with the Broker, who must be approved in accordance with the conditions
and provisions stipulated in the above-mentioned Bylaw No. (85) of 2006. In addition, the
Developer must register that agreement with the DLD.

110 111
Article (14)

The Chairman of the Executive Council shall issue the regulations required for the
implementation of the provisions of this Law.
Law No. (9) of 2009
Article (15)
Amending
This Law shall be published in the Official Gazette and shall come into force on the day on
which it is published.
Law No. (13) of 2008 Regulating the
Mohammed bin Rashid Al Maktoum
Ruler of Dubai Interim Real Property Register in
Issued in Dubai on 14 August 2008 the Emirate of Dubai
Corresponding to 13 Shaban 1429 A.H.

112
Law No. (9) of 2009 Off-plan Sale : The sale of Real Property Units designated on plans or under
Amending construction Real Property Units.
Law No. (13) of 2008 Regulating the Interim Master Developer : A Person who is licensed to conduct the Real Property
Real Property Register in the Emirate of Dubai Development activity in the Emirate and to sell Real Property
Units to others.
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, Sub-developer : A person who undertakes part of a Real Property Development
After perusal of: project of a Master Developer under an agreement between
Law No. (8) of 2007 Concerning Escrow Accounts for Real Property Development in the them.
Emirate of Dubai; Real Property Broker : A Person who conducts Real Property Brokerage business in
Law No. (16) of 2007 Establishing the Real Estate Regulatory Agency; accordance with Bylaw No. (85) of 2006 Regulating the Real
Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai Property Brokers Register in the Emirate of Dubai.
(the “Original Law”), Competent Entity : Any of the entities in charge of licensing or registering Real
Property projects in the Emirate.
Do hereby issue this Law.
Article (11)
Article (1)
1. Where a purchaser breaches any of the terms of the Real Property Unit sale agreement
Articles (2) and (11) of the Original Law are hereby superseded by the following: concluded with the Developer, the Developer must notify the DLD of the breach,
and the DLD must give the purchaser a grace period of thirty (30) days to fulfil his
Article (2) contractual obligations, through serving a notice on him in person or by registered
mail or email.
The following words and expressions shall have the meaning indicated opposite each of 2. If the purchaser fails to fulfil his contractual obligations within the grace period set
them unless the context implies otherwise: forth in sub-paragraph (1) of this Article, the following shall apply:
a. Where the Developer has completed at least eighty percent (80%) of the Real
Emirate : The Emirate of Dubai. Property project, he may retain all the amounts paid and request the purchaser to
DLD : The Land Department. settle the balance of the contract price. If the purchaser fails to settle that balance,
RERA : The Real Estate Regulatory Agency. the Developer may request selling the Real Property by public auction to settle the
Real Property Register : The Real Property register maintained by the DLD. remaining amounts payable to him.
Interim Real Property Register : A set of documents which are created or maintained b. Where the Developer has completed at least sixty percent (60%) of the Real
by the DLD in paper format or in electronic format as Property project, he may terminate the sale agreement and retain a maximum of
part of its electronic registry, and in which the details forty percent (40%) of the Real Property Unit price set forth in the agreement.
of off-plan sale contracts, and other off-plan legal c. Where the Implementation of the Real Property project has commenced but less
dispositions, of Real Property are recorded prior to than sixty percent (60%) of the project is completed, the Developer may terminate
transferring them to the Real Property Register. the sale agreement and retain a maximum of twenty-five percent (25%) of the Real
Real Property : Land and any fixed structure constructed on it, or Property Unit price set forth in the agreement.
either of them. d. Where the Implementation of the Real Property project has not commenced due to
Real Property Unit : A designated part of Real Property, including any part reasons beyond the Developer’s control, and without negligence or omission on his
designated on its plan. part, the Developer may terminate the agreement and retain up to thirty percent
(30) of the amounts paid by the purchaser.

114 115
3. For the purposes of sub-paragraphs (2)(c) and (2)(d) of this Article, the term
“Implementation” means taking possession of the Real Property project site by the
Developer and commencing construction works in accordance with the design plans
approved by the Competent Entities.
4. For the purposes of paragraphs (2)(b) and (2)(c) above, the Developer must refund any Law No. (19) of 2017
amounts owed to the purchaser no later than one (1) year from the date of termination,
or sixty (60) days from the date of resale of the Real Property Unit, whichever occurs Amending Law No. (13) of 2008
earlier.
5. Notwithstanding paragraphs (1) and (2) of this Article, RERA may, based on a reasoned
report, decide to revoke the Real Property project, in which case the Developer must Regulating the Interim Real Property
refund all payments received from purchasers, in accordance with the procedures
and provisions stipulated in Law No. (8) of 2007 Concerning Escrow Accounts for Real Register in the Emirate of Dubai
Property Development in the Emirate of Dubai.
6. The provisions of this Article shall not apply to land sale agreements which do not
involve any Off-plan Sale. This land sale shall continue to be governed by the terms of
the land sale agreements concluded by the parties thereto.
7. The provisions of this Article shall apply to all agreements concluded before the
effective date of this Law.

Article (3)

This Law shall be published in the Official Gazette and shall come into force on the day on
which it is published.

Mohammed bin Rashid Al Maktoum


Ruler of Dubai

Issued in Dubai on 12 April 2009


Corresponding to 16 Rabi al-Thani 1430 A.H.

116
Law No. (19) of 2017 b. where possible, mediate an amicable settlement between the Developer and
Amending Law No. (13) of 2008 purchaser, in which case such settlement must be attached as an addendum to
Regulating the Interim Real Property Register in the Emirate of Dubai the Off-plan Sale agreement and must be executed by the Developer and the
purchaser.
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, 3. If the notice period mentioned in sub-paragraph (a)(2)(A) of this Article expires and
After perusal of: the purchaser fails to fulfil his contractual obligations or to reach a settlement with
Law No. (8) of 2007 Concerning Escrow Accounts for Real Property Development in the the Developer, the DLD shall issue an official document in favour of the Developer
Emirate of Dubai; confirming the following:
Law No. (16) of 2007 Establishing the Real Estate Regulatory Agency; and a. the Developer’s compliance with the procedures stipulated in paragraph (a) of
Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai this Article; and
and its amendments, b. the percentage of completion of the Real Property Unit subject of the Off-plan
Sale agreement, calculated in accordance with the relevant standards and rules
Do hereby issue this Law. adopted by RERA.
4. Upon receiving the official document referred to in sub-paragraph (a)(3) of this
Superseded Article Article and based on the percentage of completion, the Developer may take any
Article (1) of the following measures against the purchaser without recourse to courts or
arbitration:
Article (11) of the above-mentioned Law No. (13) of 2008 is hereby superseded by the a. Where the percentage of completion of the Real Property Unit exceeds eighty
following: percent (80%), the Developer may:
1. maintain the Off-plan Sale agreement concluded with the purchaser, retain
Article (11) all amounts paid by the purchaser, and claim the balance of the price of the
Real Property Unit from the purchaser;
a. Where a purchaser fails to fulfil his contractual obligations under an Off-plan Sale 2. request the DLD to sell the Real Property Unit, subject of the Off-plan Sale
agreement concluded with a Developer, the following rules and procedures shall apply: agreement, by public auction to collect the remaining amounts payable to
1. The Developer must notify the DLD of the purchaser’s non-performance of the Developer; and hold the purchaser liable for the costs arising from the
his contractual obligations. This notification must be submitted on the form sale; or
prescribed by the DLD for this purpose and must include all details of the Developer 3. unilaterally terminate the Off-plan Sale agreement, retain up to forty percent
and purchaser; a description of the Real Property Unit subject of the Off-plan Sale (40%) of the value of the Real Property Unit stipulated in the Off-plan Sale
agreement; a detailed account of the contractual obligations breached by the agreement, and refund any amounts in excess of this to the purchaser
purchaser; and any other details determined by the DLD. within one (1) year from the termination of the agreement or within sixty
2. Promptly upon receipt of the notification and verifying that the purchaser is in (60) days from the date of resale of the unit to another purchaser, whichever
breach of his contractual obligations, the DLD must: occurs earlier.
a. serve a thirty (30) days’ notice on the purchaser requiring him to fulfil his b. Where the percentage of completion of the Real Property Unit is between
contractual obligations towards the Developer. The notice must be in writing sixty percent (60%) and eighty percent (80%), the Developer may unilaterally
and dated; and must be delivered to the purchaser either in person or by terminate the agreement, retain up to forty percent (40') of the value of
registered mail with acknowledgement of receipt, email, or any other means the Real Property Unit stipulated in the Off-plan Sale agreement, and refund
prescribed by the DLD; and any amounts in excess of this to the purchaser within one (1) year from the
termination of the agreement or within sixty (60) days from the date of resale
of the unit to another purchaser, whichever occurs earlier.

118 119
c. Where the Developer has commenced work on the Real Property project, having Repeals
taken hold of the construction site and started construction works in accordance Article (2)
with the designs approved by the Competent Entities, and the percentage
of completion of the Real Property Unit is less than sixty percent (60%), the Any provision in any other legislation shall be repealed to the extent that it contradicts
Developer may unilaterally terminate the Off-plan Sale agreement, retain up the provisions of this Law.
to twenty-five percent (25%) of the value of the Real Property Unit stipulated
in the Off-plan Sale agreement, and refund any amounts in excess of this to Commencement and Publication
the purchaser within one (1) year from the termination of the agreement or Article (3)
within sixty (60) days from the date of resale of the unit to another purchaser,
whichever occurs earlier. This Law comes into force on the day on which it is issued, and shall be published in the
d. Where the Developer has not commenced work on the Real Property project for Official Gazette.
any reason beyond his control, without negligence or omission on his part, he
may terminate the Off-plan Sale agreement, retain up to thirty percent (30') of Mohammed bin Rashid Al Maktoum
the amounts paid to him by the purchaser, and refund any amounts in excess Ruler of Dubai
of this to the purchaser within sixty (60) days from the termination of the
agreement. Issued in Dubai on 18 October 2017
b. Where the Real Property project is cancelled pursuant to a reasoned decision Corresponding to 28 Muharram 1439 AH.
of RERA, the Developer must refund all payments made by the purchasers in
accordance with the procedures and rules stipulated in the above-mentioned Law
No. (8) of 2007.
c. The rules and procedures stipulated in this Article do not apply to land sale
agreements which do not involve any Off-plan Sale. Land sale shall continue to
be governed by the terms of the land sale agreements concluded by the parties
thereto.
d. The rules and procedures stipulated in this Article shall apply to all Off-plan Sale
agreements concluded prior to or after the commencement of this Law.
e. The rules and procedures stipulated in this Article are considered part of public
order, and failure to comply therewith shall result in nullity of the legal act in
question.
f. The rules and procedures stipulated in this Article shall not preclude the purchaser
from having recourse to courts or arbitration where the Developer abuses any of
his powers under this Article.

120 121
Executive Council Resolution No. (6) of 2010
Approving the Implementing Bylaw of
Law No. (13) of 2008

Regulating the Interim Real Property


Register in the Emirate of Dubai
Executive Council Resolution No. (6) of 2010 Article (4)
Approving the Implementing Bylaw of
Law No. (13) of 2008 A Master Developer or Sub-developer may not commence the implementation of a project
Regulating the Interim Real Property Register in the Emirate of Dubai or sell its units off-plan unless:
1. he takes possession of the land and has received the demarcation certificate;
We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman 2. he has actual control of the land on which the project is to be constructed; and
of the Executive Council, 3. he has obtained from the Competent Entities the approvals required to commence
After perusal of: the implementation of the project.
Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (7) of 1997 Concerning Land Registration Fees in the Emirate of Dubai and its Article (5)
amendments;
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; 1. The DLD must, whether on its own initiative or upon request by the concerned parties,
Law No. (8) of 2007 Concerning Escrow Accounts for Real Property Development in the create an entry on the Real Property registry folio of any land on which a Real Property
Emirate of Dubai; project is to be constructed to denote that the project is a development project
Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai governed by the provisions of the Law.
and its amendments (the “Law”); and 2. The DLD shall remove the entry referred to in the preceding paragraph upon completion
Bylaw No. (85) of 2006 Regulating the Real Property Brokers Register in the Emirate of of the Real Property project and registration of its units in the names of purchasers on
Dubai, the Real Property Register, or upon cancellation of the project for any of the reasons set
forth in Article (23) of this Resolution.
Do hereby issue this Resolution.
Article (6)
Article (1)
The words and expressions mentioned in this Resolution shall have the same meaning An application for registration of a Real Property Unit in the Interim Real Property Register
assigned to them in the Law. shall be submitted in the electronic or paper form approved by the DLD, together with the
relevant supporting documents determined by the DLD.
Article (2)
Article (7)
A Master Developer or Sub-developer who applies for the registration of a legal disposition
in respect of a Real Property Unit with the DLD within the time limit stipulated by paragraph 1. Upon completion of a Real Property project and obtaining its completion certificate
(2) of Article (3) of the Law shall be deemed to have complied with the stipulated time from the Competent Entities, the Master Developer or Sub-developer may not refuse to
limit even if the DLD does not complete the registration procedures within that time limit. hand over any Real Property Unit or register it in the name of its purchaser on the Real
Property Register, provided that the purchaser fulfils all his contractual obligations.
Article (3) This applies even if the purchaser owes the Developer any financial dues other than in
connection with the sale agreement of the Real Property Unit.
Where a Master Developer or Sub-developer submits an application for registration of 2. The Master Developer or Sub-developer must register the Real Property Unit and all
a legal disposition of a Real Property Unit after expiry of the time limit stipulated by facilities allocated to it, such as car parks, in the name of the purchaser.
paragraph (2) of Article (3) of the Law, the DLD must: 3. If the Master Developer or Sub-developer refuses, for any reason whatsoever, to
1. register the legal disposition in the Interim Real Property Register; and
2. impose a fine of ten thousand Dirhams (AED 10,000.00) on the Developer.

124 125
register the Real Property Unit in the name of the purchaser despite the fact that the Article (12)
purchaser has fulfilled all his contractual obligations, the DLD may, upon the request
of the purchaser or on its own initiative, register the Real Property Unit in the name of Where a Master Developer or Sub-developer engages a Real Property Broker to market
the purchaser on the Real Property Register. his project in full or in part, the Broker must deposit the sale price of the relevant Real
Property Unit(s) into the project Escrow Account. The Real Property Broker may not deposit
Article (8) the price into his own account or deduct his commission from that price before depositing
it into the Escrow Account. Any agreement to the contrary of the provisions of this Article
A Master Developer or Sub-developer may not, for any reason whatsoever, charge shall be null and void.
purchasers any amounts, other than those approved by the DLD, in return for any legal
disposition of their Real Property Units. Article (13)

Article (9) 1. As of the effective date of this Resolution, the net area of a Real Property Unit shall be
adopted for the purposes of registration on the Real Property Register. This area shall
Unless agreed otherwise, the Master Developer or Sub-developer and the purchaser of a be calculated as determined by the DLD in this regard.
Real Property Unit must pay the prescribed fees for registration of any legal dispositions 2. Unless agreed otherwise, any area in excess of the net area of the sold Real Property
of that Real Property Unit as per their respective share of fees prescribed by the applicable Unit shall not be taken into account, and the Developer may not claim any payment
legislation. for that excess area.
3. The Developer must compensate the purchaser if the actual area of the Real Property
Article (10) Unit is less than its net area by more than five percent (5%).
4. Where the shortage in the net area of the Real Property Unit exceeds the percentage
If the Master Developer or Sub-developer wishes to market his project through a Broker, set forth in paragraph (3) of this Article, the compensation payable to the purchaser
the Master Developer or Sub Developer must comply with the following: shall be calculated based on the price of the Real Property Unit agreed upon in the
1. The project to be marketed through the Broker must be registered with the DLD. agreement between the Developer and the purchaser.
2. An agreement must be concluded with the Broker, who must be approved and 5. For the purposes of applying this Article, the net area of a Real Property Unit, as set
licensed in accordance with Bylaw No. (85) of 2006 Regulating the Real Property forth in its sale agreement and plan, shall be adopted as the basis for calculation of
Brokers Register in the Emirate of Dubai. any excess or shortage in the area of the Real Property Unit.
3. The project marketing agreement with the Real Property Broker must be registered
with the DLD. Article (14)

Article (11) Where any dispute arises between a Developer and a purchaser, the DLD may undertake
conciliatory efforts to preserve their contractual relationship and may propose any
Any legal disposition made by a Master Developer, Sub-developer, or Broker which solutions it deems appropriate to achieve this objective. Where the Developer and
involves the Off-plan Sale of any Real Property or Real Property Unit prior to approval of the purchaser reach an amicable settlement, that settlement shall be documented in
the commencement of the project by the Competent Entities and its registration with the a written agreement executed by the Developer and the purchaser or their respective
DLD shall be deemed null and void. representatives. Upon approval of that agreement by the DLD, it shall become binding on
both parties.

126 127
Article (15) of the project is not due to negligence or omission on the part of the Developer, or is due
to reasons beyond his control.
Where a purchaser fails to fulfil any of his obligations under a Real Property Unit sale
agreement concluded between him and the Developer: Article (17)
a. The Developer must serve a notice on the purchaser requesting him to fulfil his
contractual obligations. The notice may be served in person by appearing before For the purposes of applying Article (15) of this Resolution:
the DLD; or in writing through registered mail or email, in which case the Developer 1. The completion percentage of a project shall be confirmed by a technical report
must provide the DLD with a copy of the notice. issued by a consultant approved by RERA, which includes a statement of the
b. The DLD must give the purchaser a grace period of thirty (30) days to fulfil his completed works based on an on-site inspection of the project.
contractual obligations. This period shall commence from the date of serving the 2. Completion of the levelling works and the infrastructure of the project shall be
notice on the purchaser by the Developer. deemed as commencement of the implementation of the project.
c. If the purchaser fails to fulfil his contractual obligations within the notice period set
forth in paragraph (b) of this Article, the Developer may take any of the following Article (18)
actions:
1. Where the Developer has completed at least eighty percent (80%) of the project, A Developer must refund to the purchaser the amounts retained by him pursuant to
he may retain all the amounts paid by the purchaser. In addition, the Developer Article (15) of this Resolution no later than one (1) year from the date of termination of
may either request selling the Real Property Unit by public auction to settle the the agreement or within sixty (60) days from the date of sale of the Real Property Unit,
remaining amounts payable to him, or terminate the sale agreement and retain whichever occurs earlier.
a maximum of forty percent (40%) of the price of the Real Property Unit.
2. Where the Developer has completed at least sixty percent (60%) of the project, Article (19)
he may terminate the sale agreement and retain a maximum of forty percent
(40%) of the Real Property Unit price set forth in the agreement. 1. Where a Real Property Unit is sold by public auction in accordance with the provisions
3. Where the Developer has completed less than sixty percent (60%) of the project, of Article (15) of this Resolution, the DLD may at its sole discretion deposit the price of
he may terminate the sale agreement and retain a maximum of twenty-five the Real Property Unit in a trust account and pay to the purchaser or his representative
percent (25%) of the Real Property Unit price set forth in the agreement. the amounts remaining after deduction of the Developer’s dues.
4. Where the Developer has not commenced implementation of the project for 2. The Developer may use the Real Property Unit or lease the same to third parties if it
reasons beyond his control, he may terminate the sale agreement and retain a is not sold by public auction, in which case the Developer must refund the remaining
maximum of thirty percent (30%) of the amounts paid to him by the purchaser. amounts to the purchaser within the period stipulated in Article (18) of this Resolution.
d. The Developer may resort to the competent court to seek a judgement awarding
him the respective percentage prescribed in sub-paragraph (c)(1), (c)(2), (c)(3), or (c) Article (20)
(4) of this Article where the amounts retained by him are less than this percentage.
A purchaser may resort to the competent court to seek termination of his contractual
Article (16) relationship with a Developer:
1. if the Developer refuses without a valid reason acceptable to the DLD to deliver the
A Developer who has not commenced the implementation of a project may not terminate final sale agreement of the Real Property Unit to the purchaser;
an agreement with a purchaser and retain thirty percent (30%) of the payments made 2. if the Developer declines to link payments to the construction milestones proposed
by the purchaser unless that Developer proves that he has fulfilled all his contractual by RERA;
obligations towards the purchaser and that the failure to commence the implementation

128 129
3. if the Developer materially deviates from the specifications agreed upon in the Article (23)
agreement;
4. if it is proven after the handover of the Real Property Unit that it is unfit for use due RERA may, based on a reasoned technical report, decides to cancel a Real Property project:
to material construction defects; or 1. if the Developer fails, without valid justification, to commence construction
5. in any other circumstances that require the termination of the agreement in works despite having already obtained all required approvals from the Concerned
accordance with the general legal rules. Authorities;
2. if the Developer commits any of the offenses set forth in Article (16) of Law No.
Article (21) (8) of 2007 Concerning Escrow Accounts for Real Property Developments in the
Emirate of Dubai;
The following shall be deemed as reasons beyond the control of the Developer: 3. if it is proven to the satisfaction of RERA that the Developer has no genuine
1. the land on which the project is to be constructed is expropriated for the public intention to implement the project;
interest; 4. if the land on which the project is to be constructed is withdrawn due to failure by
2. a government entity suspends the project for re-planning purposes; the Sub-developer to fulfil any of his contractual obligations towards the Master
3. structures, excavations, or utility lines are found in the project site; Developer;
4. the Master Developer makes any variation to the project site that results in changing 5. if the land is completely affected by the planning or re-planning projects
the boundaries and area of the project in a manner that affects the performance by implemented by the Competent Entities in the Emirate;
the Sub-developer of his obligations; or 6. if the Developer fails to implement the project due to gross negligence;
5. any other reasons determined by RERA. 7. if the Developer expresses his intention not to implement the project for reasons
acceptable to RERA;
Article (22) 8. if the Developer is declared bankrupt; or
9. for any other reasons determined by RERA.
A Developer shall be deemed to have committed negligence or omission in performing his
obligations based on the following: Article (24)
1. delay, without valid reason, in taking possession of the land or obtaining the
required approvals from the Competent Entities to commence the implementation 1. A Developer may submit a grievance in respect of any decision issued by RERA
of the project; cancelling his project, no later than seven (7) working days from the date on which he
2. Off-plan Sale by the Sub-developer without the written approval of the Master is notified of that decision.
Developer; 2. The grievance must be in writing and must include the grounds for objection to the
3. delay in obtaining the Master Developer’s written approval of the plans and decision.
designs; 3. RERA must consider the grievance and render its decision on the same within seven (7)
4. delay in preparing the project for construction works; working days from the date of submission of the grievance to it.
5. failure to provide RERA with the data and information required for approval of the 4. If RERA admits the grievance, it must prescribe the conditions and requirements that
project; the Developer must satisfy in order to revoke the project cancellation decision.
6. failure to register the project with RERA; 5. The Developer must undertake in writing to satisfy RERA’s conditions and requirements.
7. failure to disclose the financial statements of the project to RERA; or 6. If RERA rejects the grievance, its decision in this regard shall be final and it must
8. any other grounds determined by RERA. proceed with the project cancellation procedures.

130 131
Article (25)

Where RERA cancels a project, it must:


1. prepare a technical report stating the reasons for cancellation;
2. notify the Developer in writing, through registered mail or email, of the cancellation Executive Council Resolution No. (25) of 2009
decision;
3. appoint a certified auditor at the expense of the Developer to audit the financial
Approving
position of the project and verify the amounts paid to the Developer or deposited
in the project’s Escrow Account, as well as the amounts that have been expended; Fees and Fines of the Real Estate
and
4. request the project’s Escrow Agent, or the Developer where any payments are not
Regulatory Agency
made through the Escrow Account, to refund the amounts deposited in the Escrow
Account or paid to the Developer to the parties entitled to these amounts no later
than fourteen (14) days from the date of cancellation of the project.

Article (26)
If the funds in the Escrow Account of the project are insufficient to refund the purchasers
the amounts owed to them, the Developer must refund these amounts to them no later
than sixty (60) days from the date of the project cancellation decision, unless RERA decides
to extend this period based on valid reasons.

Article (27)

If the Developer fails to refund the amounts owed to the purchasers within the period set
forth in Article (26) of this Resolution, RERA must take all necessary actions to preserve the
rights of purchasers, including referring the matter to the competent judicial authorities.

Article (28)

This Resolution comes into force on the day on which it is issued, and shall be published
in the Official Gazette.

Hamdan bin Mohammed bin Rashid Al Maktoum


Crown Prince of Dubai
Chairman of the Executive Council
Issued in Dubai on 14 February 2010
Corresponding to 30 Safar 1431 A.H.

132
Executive Council Resolution No. (25) of 2009 Article (3)
Approving
Fees and Fines of the Real Estate Regulatory Agency The employees of the Land Department and the Real Estate Regulatory Agency nominated
pursuant to a resolution issued by the Director General of the Land Department shall have
We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman the capacity of law enforcement officers to record any of the acts listed in Schedule (2)
of the Executive Council, attached hereto. They may, in this capacity, issue the relevant violation reports.
After perusal of:
Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai; Article (4)
Law No. (18) of 2006 Concerning Management and Realisation of the Public Funds of the
Government of Dubai; The fees and fines collected under this Resolution shall be paid to the Public Treasury of
Law No. (8) of 2007 Concerning Escrow Accounts for Real Property Development in the the Government of Dubai.
Emirate of Dubai;
Law No. (16) of 2007 Establishing the Real Estate Regulatory Agency; Article (5)
Law No. (26) of 2007 Regulating the Relationship Between Landlords and Tenants in the
Emirate of Dubai and its amendments; Any provision in any other resolution shall be repealed to the extent that it contradicts the
Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai provisions of this Resolution.
and its amendments;
Law No. (14) of 2009 Concerning the Pricing of Government Services in the Emirate of Article (6)
Dubai; and
Bylaw No. (85) of 2006 Regulating the Real Property Brokers Register in the Emirate of This Resolution shall be published in the Official Gazette and shall come into force on the
Dubai, day on which it is published.

Do hereby issue this Resolution. Hamdan bin Mohammed bin Rashid Al Maktoum
Crown Prince of Dubai
Article (1)
Chairman of the Executive Council
Pursuant to this Resolution, the fees for the services of the Real Estate Regulatory Agency Issued in Dubai on 31 December 2009
set out in Schedule (1) attached hereto are approved. Corresponding to 14 Muharram 1431 A.H.

Article (2)

1. Without prejudice to any stricter penalty prescribed in any other legislation, the fines
set out in Schedule (2) attached to this Resolution are hereby approved.
2. Upon repetition of the same violation within one (1) year from the date of the previous
violation, the amount of the fine shall be doubled. A fine must not exceed one million
Dirhams (AED 1,000,000.00).

134 135
Schedule (1) Schedule (2)
Fees for Services of the Real Estate Regulatory Agency Violations and Fines

SN Description Fine (in Dirhams) SN Description Fine (in Dirhams)

1 Licensing a Real Property Developer 25,000.00 1 Conducting the Real Property Development activity in the 500,000.00
Emirate without a licence from RERA
2 Licensing a one-time one-project Real Property Developer 100,000.00
Submitting false documents or information for obtaining a
2 100,000.00
3 Approving a new Real Property project 150,000.00 licence to conduct Real Property Development activity

Approving an existing Real Property project 3 Offering Units in fraudulent Real Property projects for sale 100,000.00
4 50,000.00
Embezzling or misappropriating cash payments for
5 Registering an Escrow Agent in the roll of Escrow Agents 75,000.00 4 100,000.00
constructing Real Property projects

6 Registering a Real Property financial auditor 50,000.00 Submitting, by the auditor, a false report on the financial
5 100,000.00
position of the Developer or concealing material facts
7 Registering a Real Property technical auditor 50,000.00
Failure to open an Escrow Account for Real Property
6 500,000.00
8 Issuing or renewing a Real Property Broker licence 5,000.00 Development
7 Failure to deposit the received amounts in the Escrow Account 500,000.00
9 Issuing or renewing a Real Property Broker card 500.00
Failure by the Developer to commence construction works
10 Licensing a residential timeshare Units lease Broker 25,000.00 8 months from the approval of RERA to commence (6) within six 500,000.00
the same
11 Licensing Real Property sale and purchase brokerage activity 5,000.00
Failure by the Developer to comply with this Resolution within 100,000,00
9
12 Licensing Real Property leasing brokerage activity 5,000.00 the grace period granted to him by RERA
Withdrawing from or depositing to the Escrow Account by the
13 Licensing residential timeshare Units leasing services 25,000.00 10 100,000.00
Escrow Agent without the approval of RERA
Licensing third party's Real Property lease and management Failure by the Escrow Agent to comply with the conditions of
14 15,000.00 100,000.00
activity 11
disbursement from the Escrow Account
15 Licensing Real Property valuation services activity 10,000.00 Failure by the Escrow Agent to provide RERA with the required
12 100,000.00
statements or information
16 Licensing Real Property purchase and sale activity 5,000.00
Imposing any charges by the Developer on the buyers without
13 100,000.00
17 Licensing Real Property inspection and examination activity 5,000.00 the approval of RERA
Cancelling any Real Property project by the Developer without
Licensing self-owned Real Property lease and management 14 100,000.00
18 5,000.00 the approval of RERA
activity
Failure to translate a Real Property Unit sale or reservation
19 Licensing a Real Property representative office 5,000.00 15 100,000.00
contract into Arabic

136 137
Schedule (2)
Violations and Fines

SN Description Fine (in Dirhams)

Conducting the Real Property brokerage activity in the Emirate


Law No. (14) of 2008
16 50,000.00
without a licence from RERA
Failure by a Broker to provide RERA with the required
Concerning
17 50,000.00
information and data

18
Undertaking Real Property brokerage in respect of a Real
50,000.00
Mortgage in the Emirate of Dubai
Property project that is not registered with RERA
Conducting any Real Property activity without a licence from
19 50,000.00
RERA
20 Breaching the terms of the licence issued by RERA 50,000.00

138
Law No. (14) of 2008 Real Property Register : A set of documents which are created or maintained by the
Concerning DLD in paper or electronic format, and which record all Real
Mortgage in the Emirate of Dubai Property rights and any variation thereto.
Interim Property Register : A set of documents which are created or maintained by the
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, DLD in paper or electronic format, and in which the details of
After perusal of: off-plan sale contracts, and other off-plan legal dispositions,
Federal Law No. (5) of 1985 Issuing the Civil Code and its amendments; of Real Property are recorded prior to transferring them to the
Federal Law No. (8) of 2004 Concerning Financial Free Zones; Real Property Register.
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; Mortgage : A contract under which a creditor acquires a Real Right, in Real
Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of Property or in a Real Property Unit, by virtue of which he
Real Property in the Emirate of Dubai; obtains preference over ordinary creditors and creditors of
Law No. (8) of 2007 Concerning Escrow Accounts for Real Property Development in the lower rank, for the repayment of his claim out of the price of
Emirate of Dubai; Real Property, no matter in whose possession the Real Property
Law No. (27) of 2007 Concerning Ownership of Jointly Owned Real Property in the Emirate may be.
of Dubai; and Mortgagor : An Owner of Real Property or a person holding a Real Right
Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai, or personal right under a sale contract signed by the Owner
of Real Property which is sold off-plan and registered in the
Do hereby issue this Law. Property Register or Interim Property Register.
Mortgagee : A creditor who lends money to a Mortgagor against the
Chapter One security of Real Property which exists physically or legally.
Definitions and General Provisions
Article (1) Article (3)

This Law shall be cited as “Law No. (14) of 2008 Concerning Mortgage in the Emirate of This Law shall apply to the Mortgage of Real Property or Real Property Units as a security
Dubai”. for debt, whether the debt is secured by the whole Real Property, by a common interest
therein, or by a Real Right or personal right in Real Property which is sold off plan.
Definitions
Article (2) Article (4)

The following words and expressions shall have the meaning indicated opposite each of A creditor-Mortgagee must be a bank, or a finance company or institution, that is duly
them unless the context implies otherwise: licensed and registered with the UAE Central Bank to provide Real Property finance in the
Emirate: The Emirate of Dubai. UAE.

DLD : The Land Department. Article (5)


Chairman : The chairman of the DLD.
Real Property : Land and any fixed structures constructed on it which cannot 1. A Mortgagor must be the Owner of the mortgaged Real Property or Real Property Unit
be moved without damage or alteration to its form. and must have the capacity to dispose of the same.
Real Property Unit : A designated part of Real Property, including any part 2. A Mortgagor may be a debtor, or a real surety who concludes a Mortgage in favour of
designated on its plan a debtor.

140 141
3. Subject to Articles (22), (23), and (24) of this Law, the mortgaged Real Property or Real Article (9)
Property Unit must physically exist or legally exist off-plan at the time of concluding
the Mortgage. A Mortgage must secure a specified debt which is incurred or promised at the time of
4. A Mortgage may be created only on Real Property or Real Property Units that may be Mortgage.
subject to valid transactions.
Chapter Two
Article (6) Legal Effects of Mortgages
Article (10)
A Mortgage shall cover all appurtenances to the mortgaged Real Property or Real
Property Unit, including any buildings, plants, Real Property by destination, and facilities A Mortgagor may sell, donate, or dispose in any other manner of, the mortgaged Real
constructed after the Mortgage contract is concluded. Property Unit or Real Property; or create any Real Right or personal right in the same only
with the approval of the Mortgagee and provided that the person to whom the mortgaged
Article (7) property is disposed of agrees that all obligations of the Mortgagor under the Mortgage
contract shall be transferred to him. A Mortgagee may stipulate in the Mortgage contract
1. A Mortgage shall come into effect only if it is registered with the DLD, and any that the Mortgagor and the person to whom the Real Property is disposed of shall be
agreement to the contrary shall be null and void. jointly liable for these obligations.
2. A Mortgagor shall be liable for the Mortgage contract registration fees unless otherwise
agreed by the parties. Article (11)

Article (8) Where a Mortgage contract includes a provision which stipulates that the ownership of
mortgaged property be transferred to the Mortgagee if the Mortgagor fails to settle the
1. Mortgage applications shall be submitted to the DLD signed by the Mortgagor and the debt by a fixed date, or stipulates that the mortgaged property be sold without following
Mortgagee, or real surety if applicable, and shall include the following: the relevant legal procedures, the Mortgage shall be valid but, in both cases, that
a. all information related to the Real Property; provision shall be null and void. The provision shall also be null and void if it is included in
b. the value of the Real Property; a subsequent agreement.
c. the value of the debt;
d. the mortgage term; and Article (12)
e. particulars of the Mortgagor, Mortgagee, and real surety, including their domiciles
and places of residence. A Mortgagor is entitled to manage his mortgaged Real Property and receive its proceeds
2. A Mortgage contract shall be executed in the form prescribed by the DLD, and an entry unless the mortgaged Real Property is foreclosed and sold by public auction for failure to
denoting the Mortgage shall be created on the Real Property Register or Interim Real repay the debt.
Property Register, as the case may be. The rank of the Mortgage shall be determined in
accordance with the date of its registration. Article (13)
3. The DLD shall deliver to the contracting parties a Mortgage deed signed by the
competent officer and stamped with the seal of the DLD. Where a mortgaged Real Property is totally destroyed or becomes defective, the Mortgage
4. A Mortgage deed may be in electronic format, in which case it shall have the same shall be placed on the substitute property and the Mortgagee may enforce his rights
evidential value of a written Mortgage deed. against that property according to the rank of the Mortgage.

142 143
Article (14) Article (20)

A debt may not be enforced against any property other than the mortgaged Real Property, A Mortgage shall be terminated upon full repayment of the secured debt.
and the real surety may not seek enforcement against other property of the debtor, before
enforcement of the debt against the mortgaged property. Chapter Three
Special Mortgages
Article (15) Article (21)
1. A Mortgagee may assign his rights to another person subject to the consent of the
A holder of the right of Musataha (right to use and exploit land belonging to another
debtor. The deed of assignment shall be registered with the DLD.
person) may mortgage buildings or plants for the period of Musataha but shall not be
2. A creditor-Mortgagee may, within the value of his debt, assign the rank of his Mortgage
entitled to mortgage the land subject of the right of Musataha unless otherwise agreed.
against the mortgaged Real Property to another creditor.

Article (22)
Article (16)

A Mortgage shall secure only the amount specified in the Mortgage contract unless A holder of a usufruct right or long-term lease of no less than ten (10) and no more than
otherwise provided for by law or agreement. ninety-nine (99) years may mortgage his interest in the Real Property or Real Property Unit
for the period of the usufruct or long-term lease.
Article (17)
Article (23)
The rank of a Mortgage shall be determined by the serial number of its registration with
the DLD. Where more than one person applies for registration of Mortgages against the A Mortgage of the right of Musataha, usufruct, or long-term lease shall be terminated,
debtor’s interest in the same Real Property, these Mortgages shall be registered under the and the relevant entries shall be removed from the register, upon either repayment of
same number and the creditors shall rank equally for the purpose of distribution of the the debt secured by the Mortgage or termination of the period of Musataha, usufruct, or
proceeds of sale by auction. long-term lease.

Article (18) Article (24)


A creditor-Mortgagee shall have the right to enforce his debt, on the maturity date of his
A purchaser of a Real Property Unit or Real Property which is sold off-plan, or before
debt and in accordance with the rank of Mortgage, against the mortgaged Real Property
completion of its construction, may mortgage the same to secure a debt, provided that
while in the possession of any person. A person shall be deemed to have possession of the
the Real Property Unit or Real Property is registered on the Interim Real Property Register
Real Property if the ownership of the Real Property is transferred to him, or he acquires
maintained by the DLD.
any Real Right or personal right therein, after the Mortgage is concluded.

Article (19)

A Mortgagor shall guarantee the safety and integrity of the mortgaged Real Property until
the date of repayment of the debt. A Mortgagee may object to any impairment to the
value of the mortgaged Real Property, take any legal action to preserve his rights, and have
recourse against the Mortgagor for reimbursement of relevant costs.

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Chapter Four Article (29)
Procedures for Enforcement Against
Mortgaged Real Property The debtor or his real surety may settle a debt secured by Mortgage and all its ancillary
Article (25) obligations prior to its maturity date.

In the event of default in the payment of a debt or upon fulfilment of a condition under Article (30)
which early repayment of the debt is required, the creditor-Mortgagee or his universal or
particular successor may commence foreclosure and forced sale procedures against the Debts owed to creditor-Mortgagees shall be paid out of the price of mortgaged Real
mortgaged Real Property, provided that the debtor or the person who has possession of Property Unit or Real Property, or the substitute property, in accordance with the ranks of
the mortgaged Real Property or Real Property Unit is served at least a thirty-day notice Mortgages even if all Mortgages are registered on the same day. Where the proceeds of
through a Notary Public. sale are not sufficient to settle a debt, the creditor shall be entitled to claim the balance
of the debt from the debtor.
Article (26)
Chapter Five
If a debtor-Mortgagor, his universal or particular successor, or a real surety fails to pay Final Provisions
the debt within the period stipulated in the preceding Article, the enforcement judge Article (31)
shall, upon request of the creditor-Mortgagee, issue an attachment order against the
mortgaged Real Property in order to sell it by public auction in accordance with the Federal Law No. (5) of 1985 Issuing the Civil Code and its amendments and Federal Law No.
applicable procedures of the DLD. (11) of 1992 Issuing the Civil Procedures Code shall apply to any matter not provided for in
this Law.
Article (27)
Article (32)
Subject to the preceding Article, the enforcement judge may, upon request of the debtor
or real surety, postpone the sale by public auction once only for a period not exceeding The Real Property granted by the Government to UAE nationals or persons of similar
sixty (60) days if it is established to the satisfaction of the enforcement judge that: status for commercial and residential purposes shall be governed by the provisions of this
1. the debtor-Mortgagor can repay the debt within this grace period; or Law. The relevant orders and instructions issued by the Ruler, and the resolutions issued in
2. the debtor may sustain gross damage as a result of sale of the mortgaged Real implementation thereof, shall apply to that Real Property.
Property or Real Property Unit.
Article (33)
Article (28)
Mortgage deeds duly registered pursuant to this Law shall be binding on third parties.
Subject to Articles (25), (26), and (27) of this Law, in case of failure to repay the debt within
the prescribed grace period, the mortgaged Real Property shall be sold by public auction in Article (34)
accordance with the applicable procedures of the DLD no later than thirty (30) days from
the date of expiry of the period stipulated in the relevant Article. The Chairman shall issue the resolutions required for the implementation of the provisions
of this Law.

146 147
Article (35)

This Law shall be published in the Official Gazette and shall come into force sixty (60) days
after the date on which it is published.

Mohammed bin Rashid Al Maktoum Law No. (26) of 2007


Ruler of Dubai
Regulating the Relationship between
Issued in Dubai on 14 August 2008
Corresponding to 13 Shaban 1429 A.H.
Landlords and
Tenants in the Emirate of Dubai

148
waiting for Law No. (26) of 2007 Real Property is transferred during the term of lease, agent or legal
final text Regulating the Relationship between Landlords and representative of the Landlord, or Tenant who is permitted by the
Tenants in the Emirate of Dubai Landlord to sublet the Real Property.
Tenant : A natural or legal person who is entitled to use Real Property pursuant
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, to a Lease Contract, or any person to whom the lease is legally transferred
After perusal of: from the Tenant.
Federal Law No. (5) of 1985 Issuing the Civil Code of the United Arab Emirates and its Subtenant : A natural or legal person who is entitled to use Real Property or any
amendments; part thereof pursuant to a Lease Contract entered into with the Tenant.
Federal Law No. (10) of 1992 Issuing the Law of Evidence Governing Civil and Commercial Rent : The specific consideration which a Tenant is bound to pay pursuant to
Transactions; a Lease Contract.
Decree No. (2) of 1993 Establishing a Special Tribunal to Determine Disputes between Tribunal : The Special Tribunal to Determine Disputes between Landlords and
Landlords and Tenants; and Tenants.
Law No. (16) of 2007 Establishing the Real Estate Regulatory Agency, Notice : A written notification sent by either party to a Lease Contract to the
other party through a Notary Public; or delivered by registered mail, by
Do hereby issue this Law. hand, or by any other technological means approved by law.

Title Article (3)


Article (1)
The provisions of this Law shall apply to Real Property leased out in the Emirate, including
This Law shall be cited as “Law No. (26) of 2007 Regulating the Relationship between vacant and agricultural land, but excluding hotel units and Real Property provided free of
Landlords and Tenants in the Emirate of Dubai”. Rent by natural or legal persons as accommodation for their employees.
Lease Contracts
Definitions and Scope of Application
Article (2) Article (4)

In implementing the provisions of this Law, the following words and expressions shall 1. The contractual relationship between a Landlord and a Tenant shall be regulated by
have the meaning indicated opposite each of them unless the context implies otherwise: a written Lease Contract signed by both parties which includes a description of the
leased Real Property that leaves no room for uncertainty, the purpose of the Lease
Emirate : The Emirate of Dubai. Contract, the name of the owner, the number and type of the land, and the area where
RERA : The Real Estate Regulatory Agency. the Real Property is located. It shall also determine the term of the Lease Contract, the
Real Property : Immovable property, and everything affixed or annexed to it, which is Rent, and the Rent payment method.
leased out for residential purposes or for practising any business activity, 2. All Lease Contracts related to Real Property which is governed by the provisions of this
trade, profession, or other lawful activity. Law, and any amendments thereto, shall be registered with RERA. Judicial authorities
Lease Contract : A contract pursuant to which a Landlord is bound to allow a Tenant to and Government departments, authorities, and corporations must not consider any
use Real Property for a specific purpose, over a specific term, and in dispute or claim, or otherwise take any action based on a Lease Contract, unless the
return for a specific consideration. Lease Contract is registered with RERA in accordance with the relevant rules and
Landlord : A natural or legal person who is entitled by law or agreement to dispose regulations.
of Real Property. This includes any person to whom the ownership of the

150 151
Term of Lease Contracts Article (11)
Article (5)
Unless otherwise agreed, the Rent shall cover the use of the Real Property facilities, such
The term of a Lease Contract must be specified. Where the term is not specified in the as swimming pools, playgrounds, gymnasiums, health clubs, car parks, and other facilities.
Lease Contract or where it is impossible to prove a claimed term, the Lease Contract shall
be deemed valid for the period prescribed for payment of the Rent. Article (12)

Article (6) A Tenant shall pay the Landlord the Rent on the dates mutually agreed upon by them. In
the absence of an agreement or where it is impossible to verify the payment dates, the
Where the term of a Lease Contract expires but the Tenant continues to occupy the Real Rent must be annually paid in four (4) equal instalments to be settled in advance.
Property without any objection by the Landlord, the Lease Contract shall be renewed for
the same term or for a term of one (1) year, whichever is shorter, under the same terms of Article (13)
the previous Lease Contract.
1. Subject to the provisions of Article (9) of this Law and for the purposes of renewing
Article (7) a Lease Contract, the Landlord and Tenant may reconsider the Rent, and if they do
not reach an agreement and it is proved necessary to extend the term of the Lease
Where a Lease Contract is valid, it may not be unilaterally terminated during its term by Contract, the Tribunal may decide on extending the Lease Contract and determine the
the Landlord or the Tenant. It can only be terminated by mutual consent or in accordance Rent based on the rental value of similar Real Property.
with the provisions of this Law. 2. The Tribunal shall determine the rental value of similar Real Property in accordance
with the legislation approving the criteria and Rent amounts proposed by RERA, taking
Article (8) into account the condition of the Real Property and the prevailing rental value of
similar Real Property in other similar Real Property markets within the same area.
The term of a sublease contract entered into between a Tenant and a Subtenant shall
expire upon expiry of the term of the Lease Contract entered into between the Landlord
Article (14)
and the Tenant, unless the Landlord expressly agrees to extend the term of the sublease
contract.
Unless otherwise agreed by the parties to a Lease Contract, where either party does not
Rent wish to renew the Lease Contract or wishes to amend any of its terms, that party must
Article (9)
notify the other party of this intent no less than ninety (90) days before the date on which
the Lease Contract expires.
Landlords and Tenants must specify Rent in Lease Contracts. In any event, the Rent may
not be increased, nor may any of the terms of the Lease Contract be amended, before the
Landlord Obligations
lapse of two (2) years from the date on which the contractual relationship is established
Article (15)
for the first time.

Article (10) A Landlord shall be bound to hand over the Real Property in a good condition which allows
the Tenant to fully use it as stated in the Lease Contract.
RERA shall have the authority to establish criteria relating to the percentage of Rent
increase in the Emirate in line with the requirements of the prevailing economic situation
in the Emirate.

152 153
Article (16) Article (21)

Unless otherwise agreed by the parties, a Landlord shall, during the term of the Lease Upon expiry of the term of a Lease Contract, the Tenant must surrender possession of
Contract, be responsible for the Real Property maintenance works and for repairing any the Real Property to the Landlord in the same condition in which the Tenant received it
breakdown or defect that affects the Tenant’s full intended use of the Real Property. at the time of entering into the Lease Contract, except for ordinary wear and tear or any
damage sustained due to reasons beyond the Tenant’s control. Where a dispute between
Article (17) the parties arises in this regard, it shall be referred to the Tribunal to issue its decision on
the same.
A Landlord may not make to the Real Property, or any of its facilities or appurtenances,
any changes that preclude the intended use of the same. The Landlord shall be responsible Article (22)
for any such changes whether made by him or by any other person authorised by him.
In addition, the Landlord shall be responsible for any breakdown, impairment, defect, or Unless the Lease Contract states otherwise, the Tenant must pay all fees and taxes owed
damage sustained by the Real Property for reasons beyond the control of the Tenant. to Government entities and departments in relation to the use of the Real Property, and
must pay the fees or taxes prescribed for any sublease of the Real Property.
Article (18)
Article (23)
A Landlord must grant the Tenant any approvals required to be submitted to competent
official entities in the Emirate where the Tenant wishes to carry out decoration works in Unless otherwise agreed by the parties, upon vacating, and surrendering possession of,
the Real Property or any other works that require such approvals. These approvals shall be the Real Property, the Tenant may not remove any fixed leasehold improvements made
granted on condition that the works do not affect the structure of the Real Property and by him.
that the Tenant provides the official documents proving that the approvals are required.
Article (24)
Tenant Obligations
Article (19) Unless otherwise agreed by the parties to a Lease Contract, the Tenant may not sublease,
or assign the use of, the Real Property to third parties unless the relevant written consent
A Tenant must pay the Rent on its due dates and must maintain the Real Property in of the Landlord is obtained.
a good condition as a reasonable person would maintain his own property. Without Eviction Cases
prejudice to the Tenant’s obligation to carry out any restoration that is agreed upon or
which is customary for Tenants to undertake, the Tenant may not make any changes or Article (25)
carry out any restoration or maintenance works in the Real Property without obtaining
the permission of the Landlord and the necessary licences from the competent official 1. A Landlord may request eviction of the Tenant from the Real Property before expiry of
entities. the Lease Contract term in any of the following cases:
a. where the Tenant fails to pay the Rent or any part thereof within thirty (30) days
Article (20) from the date of service of a Notice on the Tenant by the Landlord requesting the
payment;
When entering into a Lease Contract, a Landlord may collect from the Tenant a security
b. where the Tenant sublets the Real Property or any part thereof without obtaining
deposit for the purpose of maintenance of the Real Property upon the expiry of the Lease
the Landlord’s written approval, in which case the eviction shall apply to the
Contract. The Landlord must refund this deposit or the balance thereof to the Tenant upon
Subtenant, who shall reserve the right to claim compensation from the Tenant;
expiry of the Lease Contract.

154 155
c. where the Tenant uses the Real Property or allows others to use it for any illegal Article (26)
purpose or for a purpose which conflicts with public order or morals;
d. where the Tenant makes any change to the Real Property that endangers its safety If, upon expiry of a Lease Contract, the Landlord requests retaking possession of the Real
in a manner that makes it impossible to restore the Real Property to its original Property for his own use or for use by any of his first-degree relatives, and the Tribunal
state; or causes damage to the Real Property as a result of his deliberate act, or his awards him that possession, the Landlord may not rent the Real Property to a third party
gross negligence by failing to exercise due caution and care or allowing others to before the lapse of at least one (1) year from the date of retaking possession of the Real
cause that damage; Property. Otherwise, the Tenant may request the Tribunal to award him appropriate
e. where the Tenant uses the Real Property for a purpose other than that for which it is compensation.
leased, or otherwise uses the Real Property in a manner that violates the planning,
construction, and land use regulations in force in the Emirate; General Provisions
f. where the Real Property is likely to collapse, provided that the Landlord proves this Article (27)
by a technical report certified by the Dubai Municipality, or
g. where the Tenant fails to comply with any of his obligations under this Law or any A Lease Contract does not expire upon the death of the Landlord or the Tenant. The
of the Lease Contract terms within thirty (30) days from the date on which a Notice contractual relationship shall continue with their heirs unless the heirs of the Tenant wish
requesting him to comply with that obligation or term is served upon him by the to terminate that relationship, in which case the termination shall come into effect no less
Landlord. than thirty (30) days after the date of notifying the Landlord of this intent or after the date
2. Upon expiry of the Lease Contract, the Landlord may seek eviction of the Tenant from of expiry of the Lease Contract, whichever occurs earlier.
the Real Property if:
a. the competent Government entities decide that the demolition and reconstruction Article (28)
of the Real Property are mandated in accordance with urban development
requirements in the Emirate; Transferring the ownership of Real Property to a new owner does not affect the Tenant’s
b. the Real Property is in a condition that requires restoration or comprehensive right to continue to occupy the Real Property in accordance with the Lease Contract
maintenance that cannot be carried out while the Tenant occupies the Real entered into with the previous owner, provided that the Lease Contract has a fixed date.
Property, provided that this condition of the Real Property is verified by a technical
report certified by the Dubai Municipality; Article (29)
c. the Landlord wishes to demolish and reconstruct the Real Property or to add
any new structures that would prevent the Tenant from using the Real Property, 1. A Tenant shall have the right of first refusal to return to the Real Property where it is
provided that the Landlord obtains the required permits from the competent demolished and reconstructed, or renovated and restored, by the Landlord, in which
entities; or case the Rent must be determined in accordance with the provisions of Article (13) of
d. the Landlord wishes to retake possession of the Real Property for his own use or for this Law.
use by any of his first-degree relatives. 2. The Tenant must exercise the right of first refusal referred to in the preceding paragraph
In any of the above-mentioned four (4) cases, the Landlord must notify the Tenant of the within a period not exceeding thirty (30) days from the date the Tenant is notified of
eviction reasons no less than ninety (90) days prior to expiry of the Lease Contract. the same by the Landlord.

156 157
Article (30) Article (34)

If the Tribunal issues an award terminating the Lease Contract while the Real Property is The Landlord may not disconnect services from the Real Property or disturb the Tenant’s
occupied by a Subtenant under a contract entered into with the Tenant and approved by use of the Real Property in any manner.
the Landlord, the Subtenant may continue to occupy the Real Property under the terms of If this happens, the Tenant may resort to the police station under whose jurisdiction the
the sublease contract. Real Property falls to seek remedy of the disturbance or to file a police report regarding the
same. He may also resort to the Tribunal by filing a claim for compensation for damage,
Article (31) supported by the official reports proving the disturbance.

Filing a claim to evict a Tenant does not exempt the Tenant from paying the Rent for the Article (35)
whole period during which the claim is being heard until a relevant award is rendered and
enforced. Awards relating to vacating Real Property shall be enforced through the Tribunal pursuant
to the rules and procedures issued in this respect.
Article (32) Other awards issued by the Tribunal shall be enforced by the Enforcement Division of the
Dubai Courts.
If the Landlord and Tenant agree in the Lease Contract, or in any other subsequent
agreement, to refer any dispute arising between them out of the Lease Contract Article (36)
performance to arbitration, neither party may take any action that would affect the Real
Property or the parties’ rights and obligations as set forth in the Lease Contract. RERA shall prepare the bylaws and resolutions required for the implementation of the
The Tribunal may, upon the request of the Landlord or the Tenant, issue any interim provisions of this Law and shall submit the same to the Chairman of the Executive Council
awards it deems appropriate to preserve the rights and legal positions of the parties until for approval.
an arbitration award is rendered.
Article (37)
Final Provisions
Article (33) This Law shall be published in the Official Gazette and shall come into force sixty (60) days
after the date of its publication.
In case a dispute arises where the Landlord and Tenant have not agreed on the arbitrators
or where one or more of the agreed on arbitrators refrains from doing the work, resigns, is Mohammed bin Rashid Al Maktoum
removed, or is disqualified; or where an issue arises preventing the arbitrator from doing Ruler of Dubai
his work in the absence of an agreement between the parties in this regard, the Tribunal
shall, upon the request of either party, appoint the arbitrator(s). Issued in Dubai on 26 November 2007
The number of arbitrators appointed by the Tribunal must be equal to, or complete, the Corresponding to 16 Thu al-Qidah 1428 A.H.
number of arbitrators agreed on.

158 159
Law No. (33) of 2008
Amending Law No. (26) of 2007
Regulating the Relationship between

Landlords and Tenants in


the Emirate of Dubai
Law No. (33) of 2008 Landlord : A natural or legal person who is entitled by law or agreement to dispose
Amending Law No. (26) of 2007 of Real Property. This includes any person to whom the ownership of the
Regulating the Relationship between Real Property is transferred during the term of lease, agent or legal
Landlords and Tenants in the Emirate of Dubai representative of the Landlord, or Tenant who is permitted by the
Landlord to sublet the Real Property.
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, Tenant : A natural or legal person who is entitled to use Real Property pursuant
After perusal of: to a Lease Contract, or any person to whom the lease is legally transferred
Federal Law No. (5) of 1985 Issuing the Civil Code of the United Arab Emirates and its from the Tenant.
amendments; Subtenant : A natural or legal person who is entitled to use Real Property or any
Federal Law No. (10) of 1992 Issuing the Law of Evidence Governing Civil and Commercial part thereof pursuant to a Lease Contract entered into with the Tenant.
Transactions and its amendments; Rent : The specific consideration which a Tenant is bound to pay pursuant to
Law No. (16) of 2007 Establishing the Real Estate Regulatory Agency; a Lease Contract.
Law No. (26) of 2007 Regulating the Relationship between Landlords and Tenants in the Notice : A written notification sent by either party to a Lease Contract to the
Emirate of Dubai (the “Original Law”); and other party through a Notary Public; or delivered by registered mail, by
Decree No. (2) of 1993 Establishing a Special Tribunal to Determine Disputes between hand, or by any other technological means approved by law.
Landlords and Tenants and its amendments,
Article (3)
Do hereby issue this Law.
The provisions of this Law shall apply to land and Real Property leased out in the Emirate,
Article (1) excluding Real Property provided free of Rent by natural or legal persons as accommodation
Articles (2), (3), (4), (9), (13), (14), (15), (25), (26), (29), and (36) of the Original Law are hereby for their employees.
superseded by the following:
Article (4)
Article (2)
1. The contractual relationship between a Landlord and a Tenant shall be regulated by
In implementing the provisions of this Law, the following words and expressions shall a Lease Contract which includes a description of the leased Real Property that leaves
have the meaning indicated opposite each of them unless the context implies otherwise: no room for uncertainty; the purpose of the lease; the term of the Lease Contract;
Emirate: The Emirate of Dubai. the Rent and its payment method; and the name of the Real Property owner if the
Landlord is not the owner.
Tribunal : The Special Tribunal to Determine Disputes between Landlords and 2. All Lease Contracts related to Real Property which is governed by the provisions of this
Tenants. Law, and any amendments thereto, shall be registered with RERA.
RERA : The Real Estate Regulatory Agency.
Real Property : Immovable property, and everything attached or annexed to it, which Article (9)
is leased out for residential purposes or for practising any commercial
activity, trade, profession, or other lawful activity. 1. Landlords and Tenants must specify Rent in Lease Contracts. Where the parties fail to
Lease Contract : A contract pursuant to which a Landlord is bound to allow a Tenant specify the Rent and it is impossible to prove the Rent agreed upon by them, the Rent
to use Real Property for a specific purpose, over a specific term, and in shall be the rental value of similar Real Property.
return for specific consideration.

162 163
2. The Tribunal shall determine the rental value of similar Real Property taking into Tenant by the Landlord requesting the payment;
account the criteria for determining the percentage of Rent increase prescribed by b. where the Tenant sublets the Real Property or any part thereof without obtaining
RERA; the prevailing economic situation in the Emirate; the condition of the Real the Landlord’s written approval, in which case the eviction shall apply to the Tenant
Property; the prevailing rental value of similar Real Property in other similar Real and to the Subtenant, who shall reserve the right to claim compensation from the
Property markets within the same area; the provisions of any legislation in force in the Tenant;
Emirate regulating Real Property Rent, and any other factors which the Tribunal deems c. where the Tenant uses the Real Property or allows others to use it for any illegal
appropriate. purpose or for a purpose which conflicts with public order or morals;
d. unless otherwise agreed by the parties, where the leased Real Property is used as
Article (13) business premises and the Tenant leaves it unoccupied without a valid reason for a
period of thirty (30) consecutive days or ninety (90) non-consecutive days in a year;
For the purposes of renewing a Lease Contract, the Landlord and Tenant may, prior to the e. where the Tenant makes any change to the Real Property that endangers its safety
expiry of the Lease Contract, amend any of its terms or reconsider increasing or reducing in a manner that makes it impossible to restore the Real Property to its original
the Rent. If the Landlord and Tenant fail to reach an agreement in this regard, the Tribunal state; or causes damage to the Real Property as a result of his deliberate act, or his
may determine the fair Rent, taking into account the criteria stipulated in Article (9) of gross negligence by failing to exercise due caution and care or allowing others to
this Law. cause that damage;
f. where the Tenant uses the Real Property for a purpose other than that for which it is
Article (14) leased, or otherwise uses the Real Property in a manner that violates the planning,
construction, and land use regulations in force in the Emirate;
Unless otherwise agreed by the parties to a Lease Contract, where either party wishes g. where the Real Property is likely to collapse, provided that the Landlord proves this
to amend any of its terms pursuant to Article (13) of this Law, that party must notify the by a technical report issued by or certified by the Dubai Municipality;
other party of this intent no less than ninety (90) days before the date on which the Lease h. where the Tenant fails to comply with any of his obligations under this Law or any
Contract expires. of the Lease Contract terms within thirty (30) days from the date on which a Notice
requesting him to comply with that obligation or term is served upon him by the
Article (15) Landlord; or
i. where the competent Government entities decide that the demolition and
A Landlord shall be bound to hand over the Real Property in a good condition which allows reconstruction of the Real Property are mandated in accordance with urban
the Tenant to fully use it as stated in the Lease Contract. development requirements in the Emirate.
Notwithstanding the foregoing, the parties may agree upon renting Real Property before
For the purposes of paragraph (1) of this Article, the Landlord shall serve a Notice on
completion of its construction, in which case the Tenant must complete the construction of
the Tenant through a Notary Public or by registered mail.
the Real Property and make it suitable for its intended use. The agreement shall determine
the party liable to pay the costs of completion of the construction. 2. Upon expiry of the Lease Contract, the Landlord may seek eviction of the Tenant from
the Real Property only if:
Article (25) a. the Real Property owner wishes to demolish and reconstruct it or to add any new
structures that would prevent the Tenant from using the Real Property, provided
1. A Landlord may request eviction of the Tenant from the Real Property before expiry of that the owner obtains the required permits from the competent entities; or
the Lease Contract only in the following cases: b. the Real Property is in a condition that requires restoration or comprehensive
a. unless otherwise agreed by the parties, where the Tenant fails to pay the Rent or maintenance that cannot be carried out while the Tenant occupies the Real
any part thereof within thirty (30) days from the date of service of a Notice on the Property, provided that this condition of the Real Property is verified by a technical
report issued or certified by the Dubai Municipality;

164 165
c. the Real Property owner wishes to retake possession of the Real Property for his Article (2)
own use or for use by any of his first-degree relatives, provided that the owner
proves that he does not own any alternative Real Property that is suitable for this This Law shall be published in the Official Gazette and shall come into force on the day on
purpose; or which it is published.
d. the leased Real Property owner wishes to sell it.
For the purposes of paragraph (2) of this Article, the Landlord must notify the Tenant Mohammed bin Rashid Al Maktoum
of the eviction reasons at least twelve (12) months before the date of eviction, and the Ruler of Dubai
notice must be served through a Notary Public or by registered mail.
Issued in Dubai on 1 December 2008
Article (26) Corresponding to 3 Thu al-Hijjah 1429 A.H.

Where the Tribunal rules in favour of the Landlord retaking possession of the Real Property
for his own use or for use by any of his first-degree relatives, in accordance with sub-
paragraph (2)(c) of Article (25) of this Law, the Landlord may not rent the Real Property to
a third party before the lapse of at least two (2) years in case of residential Real Property,
or three (3) years in case of non-residential Real Property, from the date of retaking
possession of the same. Otherwise, the Tenant may request the Tribunal to award him fair
compensation.

Article (29)

1. A Tenant shall have the right of first refusal to return to the Real Property where it is
demolished and reconstructed, or renovated and restored, by the Landlord, in which
case the Rent must be determined in accordance with the provisions of Article (9) of
this Law.
2. The Tenant must exercise the right of first refusal referred to in the preceding paragraph
within a period not exceeding thirty (30) days from the date on which the Tenant is
notified of the same by the Landlord.

Article (36)

The Chairman of the Executive Council shall issue the regulations, bylaws, and resolutions
required for the implementation of the provisions of this Law.

166 167
Law No. (8) of 2007
Concerning Escrow Accounts for Real

Property Development in
the Emirate of Dubai
Law No. (8) of 2007 Escrow Agent : A financial or banking institution certified by the DLD to
Concerning Escrow Accounts for Real manage an Escrow Account.
Property Development in the Emirate of Dubai Competent Entity : Any of the Government entities in charge of licensing
Developers.
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, Real Property Development: Projects for the construction of multi-storey buildings or
After perusal of: compounds for residential or commercial purposes.
Federal Law No. (5) of 1985 Issuing the Civil Code and its amendments; Real Property : Anything which is fixed and cannot be moved without
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; and damage or alteration of its structure.
Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of Unit : A designated part of Real Property that a Developer sells to
Real Property in the Emirate of Dubai, others.

Do hereby issue this Law. Article (3)

Chapter One This Law shall apply to Developers who sell Units off-plan in Real Property Development
Definitions and General Provisions projects in the Emirate and receive payments from purchasers or financers in return for
Article (1) the same.

This Law shall be cited as “Law No. (8) of 2007 Concerning Escrow Accounts for Real Article (4)
Property Development in the Emirate of Dubai”.
The DLD shall maintain a register known as the “Real Property Developers Register”
Definitions in which the names of Developers licensed to conduct the Real Property Development
Article (2) activity in the Emirate shall be recorded. No Developer may conduct the activity unless he
is recorded in that register and licensed by the Competent Entities in accordance with the
The following words and expressions shall have the meaning indicated opposite each of relevant requirements prescribed by them.
them unless the context implies otherwise:
Article (5)
Emirate : The Emirate of Dubai.
DLD : The Land Department. A Developer may not advertise in local or international media, or participate in local or
Chairman : The chairman of the DLD. international exhibitions, to promote the sale of Units or Real Property off-plan unless he
Director General : The director general of the DLD. obtains a written permit from the DLD. The Director General shall issue the resolutions
Register : The register maintained by the DLD for registering Developers. required for regulating advertisements in the media and participation in exhibitions.
Escrow Account : A bank account of a Real Property Development project in
which the payments made by the purchasers of Units sold off
plan or by the financers of the project are deposited.
Developer : Any natural or legal person who is licensed to engage in the
purchase and sale of Real Property for Real Property
Development purposes. This includes master developers and
sub-developers.

170 171
Chapter Two Chapter Three
Opening Escrow Accounts Management of Escrow Accounts
Article (6) Article (9)

A Developer who wishes to sell Units off-plan must submit to the DLD a request to open 1. An Escrow Account shall be opened in the name of each Real Property project, and shall
an Escrow Account. The request must be accompanied by: be exclusively dedicated for the purpose of implementing that project. No attachment
1. the certificate of membership in the Dubai Chamber of Commerce and Industry; may be imposed on the amounts deposited in this account in favour of the creditors of
2. the commercial licence; the Developer.
3. the title deed of the land to be developed; 2. In the event of multiple projects implemented by the Developer, each project must
4. a copy of the contract concluded between the master developer and the sub- have a separate Escrow Account.
developer;
5. the initial architectural designs and engineering plans approved by the Competent Article (10)
Entities and the master developer;
6. a financial statement of the estimated cost and revenues of the project, which is 1. The DLD shall maintain a special register known as the “Escrow Agents Register” in
approved by a certified auditor; which the names of Escrow Agents are recorded.
7. an undertaking by the sub-developer to commence the construction works of 2. An Escrow Agent must be competent to manage Escrow Accounts.
the project upon obtaining the master developer’s approval of off-plan sale, or an
undertaking by the master developer in case of no sub-developers; and Article (11)
8. a sale contract template between the Developer and purchaser.
1. An Escrow Agent must provide the DLD with periodic statements of the revenues and
Article (7) expenditures of the Escrow Account. The DLD may, at any time, request the Escrow
Agent to provide any information or data it requires. In all events, the DLD may, as it
An Escrow Account shall be opened pursuant to a written agreement between the deems appropriate, seek assistance from any person to audit these statements and
Developer and the Escrow Agent whereby the payments made by off-plan Units purchasers, data.
or by the financers of the project, shall be deposited in a special account with the Escrow 2. If it is proven to the satisfaction of the DLD that an Escrow Agent has committed any
Agent in the name of the Real Property Development project. violation of this Law or its implementing bylaws, the DLD must notify the Escrow
The agreement shall prescribe the account management terms and the rights and Agent in writing and grant him a time limit to remedy that violation.
obligations of contracting parties. A copy of this agreement shall be deposited with the
DLD. Article (12)

Article (8) Depositors, or their representatives, may have access to their accounting records and
request copies of these records. Representatives of official authorities may also have
The DLD may create an entry on the registry folio of the land owned by the master developer access to, and obtain copies of, these records.
to denote that a sale agreement is concluded between the master developer and the sub-
developer in respect of this land or any part thereof. A purchaser of an off-plan Unit may
apply to the DLD to create an entry on the registry folio of the land on which the project
is to be constructed to denote that a sale agreement is concluded between that purchaser
and the sub-developer.

172 173
Article (13) 7. a Developer who deals with a broker who is not registered on the Real Property Brokers
Register maintained by the DLD in accordance with Bylaw No. (85) of 2006 Concerning
Where a Developer mortgages a project in order to obtain a loan from a finance institution the Real Property Brokers Register in the Emirate of Dubai.
or company, this institution or company must deposit the loan amount in the relevant
Escrow Account to be managed in accordance with the provisions of this Law. Article (17)

Article (14) A Developer shall be struck-off the Register if:


1. he is declared bankrupt;
An Escrow Agent must retain five percent (5%) of the total value of the Escrow Account 2. he fails, without a valid reason, to commence construction works within six (6)
after the Developer obtains the completion certificate. The retained amount shall be months from the date on which he is granted the approval to sell Units off-plan;
released to the Developer only upon the lapse of one (1) year from the registration of Units 3. the licence granted to him by the relevant licensing authority is revoked;
in the names of purchasers. 4. he commits any of the violations stipulated in sub-paragraphs (16)(2), (16)(3), (16)
(4), and (16)(5) of this Law; or
Article (15) 5. he violates any of the laws and bylaws regulating the Real Property Development
activity in the Emirate.
In case of any emergency resulting in non-completion of a Real Property project, the
Escrow Agent of that project must, upon consultation with the DLD, take the necessary Chapter Five
measures to preserve the rights of depositors by ensuring the completion of the Real Final Provisions
Property project and refund of the payments made by the depositors. Article (18)

Chapter Four All Developers existing by the effective date of this Law must comply with its provisions
Penalties within six (6) months from the date on which it is published in the Official Gazette. The
Article (16) DLD may extend this grace period as it deems appropriate.

Without prejudice to any penalties stipulated in any other legislation, an imprisonment Article (19)
sentence and a fine of not less than one hundred thousand Dirhams (AED 100,000.00), or
either penalty, shall be inflicted on: The DLD may charge fees for any of the services provided under this Law.
1. any person who conducts the Real Property Development activity in the Emirate
without a licence; Article (20)
2. any person who submits to the Competent Entities false documents or information in
order to obtain a licence to conduct the Real Property Development activity; Any provision in any other law or bylaw shall be repealed to the extent that it contradicts
3. any person who knowingly offers for sale Units in fraudulent Real Property projects; the provisions of this Law.
4. any person who embezzles, steals, or misappropriates any payments made to him for
the purpose of implementing a Real Property project;
5. any auditor who deliberately issues a false report on the financial position of a
Developer, or deliberately refrains from disclosing essential facts in his report;
6. a consultant who knowingly certifies false documents related to a Real Property
project; or

174 175
Article (21)

The Chairman shall issue the resolutions required for the implementation of this Law.

Article (22)
Law No. (7) of 2006
This Law shall be published in the Official Gazette and shall come into force on the day on
which it is published. Concerning
Mohammed bin Rashid Al Maktoum
Ruler of Dubai Real Property Registration in the
Issued in Dubai on 6 May 2007 Emirate of Dubai
Corresponding to 19 Rabi al-Thani 1428 A.H.

176
Law No. (7) of 2006 Real Property Unit : Land plot which is located in a Real Property Area, including
Concerning any buildings, plants, or other thing existing thereon, without
Real Property Registration in the Emirate of Dubai any part thereof being separated from other parts by any
public or private property, and without any part thereof having
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai rights or encumbrances other than those which the other parts
After perusal of: have.
Federal Law No. (5) of 1985 Issuing the Civil Code of the United Arab Emirates and its Real Property Area : A set of Real Property Units which are demarcated by main
amendments; roads or fixed and clear landmarks and which have an approved
Federal Law No. (11) of 1992 Issuing the Civil Procedures Code and its amendments; name and a distinct number, in accordance with the regulations
Law No. (7) of 1997 Concerning Land Registration Fees; and adopted by the DLD.
The Decree of 1960 Establishing the Land Affairs Committee, Person : Any natural or legal person.

Do hereby issue this Law:


Chapter Two
Chapter One Scope of Application and Right of Ownership
Title and Definitions Article (3)
Article (1)
The provisions of this Law shall apply to Real Property existing in the Emirate.
This Law shall be cited as “Law No. (7) of 2006 Concerning Real Property Registration in
the Emirate of Dubai”. Article (4)

Article (2) The right to own Real Property in the Emirate shall be restricted to UAE nationals, nationals
of the Gulf Cooperation Council Sates, companies fully owned by these nationals, and
The following words and expressions, wherever mentioned in this Law, shall have the public joint stock companies. Subject to the approval of the Ruler, non-UAE nationals may
meaning indicated opposite each of them, unless the context implies otherwise: be granted the following rights in the relevant areas determined by the Ruler:
UAE : The United Arab Emirates. a. Freehold ownership of Real Property, without time restrictions; and
Emirate : The Emirate of Dubai. b. Usufruct or lease rights in Real Property for up to ninety-nine (99) years.
Government : The Government of Dubai, including any of its departments,
authorities, or public corporations. Chapter Three
Ruler : His Highness the Ruler of the Emirate of Dubai. General Provisions
DLD : The Land Department. Article (5)
Chairman : The chairman of the DLD.
Director General : The director general of the DLD. Original documents and court judgments pursuant to which Real Property is registered
Real Property : Anything which is fixed and cannot be moved without damage shall be maintained by the DLD and may not be taken out of its premises. Pursuant
or alteration of its structure. to the provisions of this Law, any interested parties, judicial authorities, or experts
Real Property Right : Any principal or ancillary real right in Real Property. and specialised committees appointed by judicial authorities may have access to the
Real Property Register : A set of documents which are created or maintained by the documents maintained in the register and obtain certified copies thereof.
DLD in paper format or in electronic format as part of its
electronic registry, and which state the description and location
of each Real Property and the rights attached thereto.

178 179
Chapter Four Chapter Six
Functions of the DLD Registration
Article (6) Article (9)

The DLD shall be exclusively authorised to register Real Property Rights and long-term All dispositions that create, transfer, change, or extinguish Real Property Rights, and all the
lease contracts provided for in Article (4) of this Law. For this purpose, the DLD shall: final rulings validating these dispositions, must be recorded in the Real Property Register.
1. determine areas to be surveyed or re-surveyed and certify their plans; These dispositions shall not be deemed effective unless recorded in the Real Property
2. prescribe rules relating to survey and inspection, and issue plans of Real Property Register.
Units;
3. prepare contract templates relating to Real Property dispositions; Article (10)
4. prescribe rules for organising, archiving, and destroying documents;
5. prescribe rules for using computers for storing and recording data; Where a Person fails to comply with his undertaking to transfer a Real Property Right,
6. prescribe rules for regulating and maintaining the Real Property brokers register; his liability shall be limited to the obligation to pay compensation, whether or not
7. prescribe rules for Real Property valuation; compensation is stipulated in the undertaking.
8. prescribe rules for the sale of Real Property by voluntary public auctions, and
supervise these auctions; Article (11)
9. determine fees for the services provided by the DLD; and
10. establish branches for the DLD as the Director General deems appropriate. Where an estate includes Real Property Rights, the decree of distribution shall be registered
on the Real Property Register. A disposition by any heir of any of these rights shall not be
Chapter Five effective or binding as against third parties unless it is registered on the Real Property
Real Property Register Register.
Article (7)
Article (12)
A Real Property Register shall be maintained by the DLD to record all Real Property Rights
and any variation thereto. This register shall have conclusive evidentiary value as against The DLD may, in accordance with the procedures prescribed pursuant to the relevant
all persons, and the authenticity of its data may only be challenged on grounds of fraud resolution of the Chairman of the DLD, consider any applications for registration submitted
or forgery. by persons in possession of land that is not registered in their names, in order to ensure
compliance with the requirements of registration of this land.
Article (8)
Chapter Seven
Subject to the provisions of Article (7) of this Law, all Real Property documents and Variation or Correction of Real Property Register Data
instruments electronically stored in computers shall have the same evidentiary value as Article (13)
original documents and instruments.
The DLD may, upon the request of any interested party or on its own initiative and subject
to notifying all concerned parties, correct any manifest material errors in the folios of the
Real Property Register.

180 181
Article (14) Article (18)

The DLD shall, in coordination with the competent entities, update the data of Real An easement shall be terminated if the dominant and servient Real Property Units become
Property Units, including any buildings, plants, or other things existing thereon. owned by the same Person.

Chapter Eight Article (19)


Plans
Article (15) Where a Real Property Unit encumbered by an ancillary real right is subdivided into two
or more Real Property Units, each resulting new Real Property Unit shall be encumbered
1. The registration of a Real Property Area or Real Property Unit shall be based upon the by the entire right. The new owners may agree with the holder of the ancillary real right
following plans: to divide his right so that each new Real Property Unit be encumbered by only part of that
a. the Topographic Master Plan; right as agreed.
b. the Real Property Unit Plan; and
c. the Real Property Area Plan. Article (20)
2. Each Real Property Area shall have a separate plan which shows the Real Property
Units located therein and their numbers. In the event of amalgamation of two (2) Real Property Units, of which one is encumbered
3. Each Real Property Unit shall have a separate plan which shows its location, boundaries, by an ancillary real right while the other is not, the entire new Real Property Unit shall be
dimensions, area, landmarks, and structures; as well as the numbers of adjacent units. encumbered by the ancillary real right without the need for approval of the amalgamation
by the holder of the right.
Chapter Nine However, where each of the Real Property Units is encumbered by a separate ancillary real
Subdivision and Amalgamation right, the amalgamation must be approved by the holders of these rights.
Article (16)
Article (21)
If a dominant Real Property Unit is subdivided, each resulting part shall continue to have
an easement over the servient Real Property Unit, provided that this does not increase the Any subdivision or amalgamation of Real Property Units must be registered in the Real
burden on that servient unit. However, if the easement is beneficial only to some of these Property Register.
parts, the owner of the servient Real Property Unit may apply to the DLD to extinguish the
easement that other parts have. Chapter Ten
Title Deeds
Article (17) Article (22)

If a servient Real Property Unit is subdivided, each resulting part shall continue to be The DLD shall issue title deeds in respect of Real Property Rights based on the records of
subject to the easement. However, if the easement is actually exercised only over some the Real Property Register.
of these parts, or cannot be exercised over some parts, the owner of each of these parts
may apply to the DLD, in accordance with the provisions of this Law, to extinguish the
easement over his part.

182 183
Article (23) Article (28)

Without prejudice to the provisions of any other law, a multi-apartment or multi-storey The Chairman shall issue the bylaws, decisions, orders, and instructions required for the
building shall be deemed a single Real Property Unit and shall have one Real Property folio implementation of the provisions of this Law.
in the Real Property Register, which shall be accompanied by other supplementary folios
that contain the names of owners of the apartments, floors, and common areas of the Article (29)
Real Property.
This Law shall be published in the Official Gazette and shall come into force on the day on
Article (24) which it is published.

1. The title deeds referred to in Article (22) of this Law shall have conclusive evidentiary Mohammed bin Rashid Al Maktoum
value in proving Real Property Rights. Ruler of Dubai
2. Any conditions, covenants, or restrictions applicable to the Real Property Rights in a
Real Property Unit, as well as any other relevant obligations, shall be recorded in folio Issued in Dubai on 13 March 2006
of the Real Property Unit. Corresponding to 13 Safar 1427 A.H.

Chapter Eleven
Final Provisions
Article (25)

The provisions of Federal Law No. (5) of 1985 Issuing the Civil Code of the United Arab
Emirates and its amendments shall apply to all matters not provided for in this Law.

Article (26)

1. Any agreement or disposition concluded in breach of the provisions of this Law shall
be null and void. In addition, any agreement or disposition concluded with the intent
to circumvent the provisions of this Law shall be null and void.
2. A judgment invalidating that agreement or disposition may be sought by any interested
party, the DLD, or the Public Prosecution; or otherwise issued by the court on its own
initiative.

Article (27)

The Decree Dated 6 November 1977 Concerning Civil and Criminal Lawsuits Related to
Disposition of Land in the Emirate of Dubai is hereby repealed.

184 185
Law No. (7) of 2019
Amending Law No. (7) of 2006
Concerning

Real Property Registration in the


Emirate of Dubai
Law No. (7) of 2019 Publication and Commencement
Amending Law No. (7) of 2006 Article (2)
Concerning
Real Property Registration in the Emirate of Dubai This Law shall be published in the Official Gazette and shall come into force on the day on
which it is published.
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of: Mohammed bin Rashid Al Maktoum
Federal Law No. (5) of 1985 Issuing the Civil Code of the United Arab Emirates and its Ruler of Dubai
amendments; and
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai, Issued in Dubai on 4 September 2019
Corresponding to 5 Muharram 1441 A.H.
Do hereby issue this Law.

Superseded Article
Article (1)

Article (9) of the above-mentioned Law No. (7) of 2006 is hereby superseded by the
following:

Registration
Article (9)

a. All dispositions that create, transfer, change, or extinguish Real Property Rights, and all
the final rulings validating these dispositions, must be recorded in the Real Property
Register. These dispositions shall not be deemed effective unless recorded in the Real
Property Register.
b. Without prejudice to the rights of Persons acting in good faith, and subject to the
provisions stipulated in the above-mentioned Federal Law No. (5) of 1985 concerning
claims for infectiveness of debtors’ dispositions as against creditors, all Real Property
dispositions that create Real Property Rights, and are recorded in the Real Property
Register of the Land Department, are hereby deemed effective as against all Persons
even if the party undertaking the Real Property disposition is indebted to a third party,
unless the disposition is intended to be detrimental to the rights of that third party.

188 189
Bylaw No. (85) of 2006
Regulating the Real Property Brokers

Register in the Emirate of Dubai


waiting for Bylaw No. (85) of 2006 Register : The electronic or paper record of Brokers.
final text Regulating the Real Property Brokers Roll : The roll prepared by the Committee, which contains the names of
Register in the Emirate of Dubai certified Category A Brokers.
Broker : Any Person who conducts the Brokerage business in accordance with
The Chairman of the Land Department, this Bylaw.
After perusal of Law No. (7) of 2006 Concerning Real Property Registration in the Emirate Brokerage : A service provided under an agreement whereby a Broker undertakes
of Dubai; to a client to find another party to conclude a contract with, and to
Pursuant to paragraph (6) of Article (6) and Article (28) of the above-mentioned Law No. represent that client in the contract negotiations, in return for a fee.
(7) of 2006; and Person : Any natural or legal person.
Upon the presentation of the Director General of the Land Department,
II. General Provisions
Does hereby issue this Bylaw. Article (3)

Chapter One No Person may conduct the Brokerage activity in the Emirate unless he is licensed by a
Definitions and General Provisions Competent Entity and is registered on the Register.
I. Definitions
Article (1) Article (4)

This Bylaw shall be cited as “Bylaw No. (85) of 2006 Regulating the Real Property Brokers A Register shall be maintained by the DLD to record the details of the Brokers licensed
Register in the Emirate of Dubai”. to conduct the Brokerage activity in the Emirate. Any variation or amendment of these
details must be recorded in the Register.
Article (2)
Article (5)
The following words and expressions, wherever mentioned in this Bylaw, shall have the
meaning indicated opposite each of them unless the context implies otherwise: Brokers shall be classified into two (2) categories as follows:
Category A
Emirate : The Emirate of Dubai. Experienced Persons registered on the Roll, who are approved by the Chairman but
DLD : The Land Department. are not licensed by the Competent Entities. These persons are exempt from the
Chairman : The chairman of the DLD. requirement to be registered on the Register.
Director General : The director general of the DLD. Category B
Committee : The Permanent Brokerage Committee. Persons who conduct the Brokerage activity pursuant to licences issued by the
Council : The council authorised to settle Brokerage disputes. Competent Entities.
Division : The Brokerage Regulatory Division at the DLD.
Competent Entity : Any of the government or semi-government entities in charge
of licensing the conduct of business activities.
Real Property : Anything which is fixed and cannot be moved without damage
or alteration of its structure.

192 193
Chapter Two Article (9)
Requirements for Registration on the
Real Property Brokers Register The Division shall present the registration application to the Committee within seven (7)
Article (6) working days from the date of submission of the application or the date of completion of
the documents and information required by the Division, as the case may be.
Subject to the provisions of Article (5) above regarding Category A Brokers, a Person of
Category B who wishes to conduct the Brokerage activity in the Emirate must submit to Article (10)
the Division an application for registration on the Register on the form prescribed for this
purpose. The application must meet the following requirements: The Committee shall have the right to approve or reject any application for registration,
1. A valid commercial licence issued by a Competent Entity must be attached. and the relevant decision shall be communicated to the applicant. A decision rejecting an
2. A certificate of membership in the Dubai Chamber of Commerce and Industry must application for registration must be reasoned.
be attached.
3. In case of sole proprietorships or companies, a copy of the passport(s) of the Article (11)
applicant(s) must be attached.
4. A true copy of the title deed or lease contract of the premises of the applicant must Where the Committee rejects an application for registration, the applicant may re-apply
attached. for registration, upon fulfilling all relevant requirements, within fourteen (14) days from
5. A certificate of good conduct and repute of the owner of the sole proprietorship, or the date on which he is notified of the rejection decision.
the manager(s) of the company, must be attached.
6. None of the managers or managing partners of the company may have been Article (12)
declared bankrupt or convicted of a crime affecting honour or trustworthiness.
7. Certificates of completion of Real Property training courses must be obtained The Division shall issue each Broker an identification card bearing his name, address, and
as part of the programme accredited by the DLD for certification of Brokerage number of registration on the Register. A Broker must include his name and registration
corporations and companies. number in all correspondence and reports issues.
8. The applicant must passe the Brokerage profession test prescribed by the DLD.
Article (13)
Article (7)
A Broker registered on the Register must apply annually to the Division for renewal of his
The Division shall review the applications for registration on the Register. The Division may, registration. The renewal application shall be submitted to the Division on the prescribed
within seven (7) days from the date of submission of an application, request the applicant form at least thirty (30) days prior to expiry of the registration certificate. The Division
in writing to provide any documents or information the Division deems required. must renew the registration of the Broker on the Register upon verifying compliance with
the renewal requirements.
Article (8)

The Division may take all necessary actions to ensure that applications for registration,
adding entries, or deregistration meet the requirements stipulated in this Bylaw and any
resolutions issued hereunder.

194 195
Chapter Three Article (19)
Obligations of Real Property Brokers
Article (14) Even if a Broker is engaged by only one of the parties to a deal, he must faithfully present
the details of the deal to the parties and inform them of any relevant conditions he is
All registered Brokers must comply with professional code of conduct in accordance with aware of. The Broker shall be responsible towards the parties for any fraud or fault he
the Code of Ethics prepared by the Committee in consultation with experienced and well- commits.
advised persons.
Article (20)
Article (15)
A Broker may not hold himself out as a party to the contract he brokers unless he is so
A Broker must enter in his own record all transactions he has conducted, maintain all authorised by the contracting parties, in which case the Broker shall not be entitled to any
documents related to these transactions, and deliver a true copy of the documents to the fees.
contracting parties upon their request.
In case of off-plan sale or sale based on a model, the Broker must keep the plan or model Article (21)
until the transaction is completed.
A Broker shall be deemed as the trustee of any amounts, securities, bonds, or other items
Article (16) delivered to him by either party for safekeeping or for delivery to the other party. The
Broker must return or deliver these items as per the conditions stipulated for him, and
A Broker must provide all information, data, and statistics relating to his Brokerage activity, shall be governed by the trusteeship rules in this respect.
as requested by the DLD.
Article (22)
Article (17)
A Broker shall be liable for any loss or damage suffered by the contracting parties as a
A Broker must disclose to his client all negotiation details, the stages of the brokerage result of his fraudulent act or deceit or as a result of failure to observe any applicable rules
process, and any other information required to enable the client to make the right decision stipulated in this Bylaw or in the Code of Ethics.
in respect of concluding a contract with the other party. The Broker must also disclose
to the other contracting party all essential details relating to the subject matter of the Article (23)
agreement, as deemed necessary to avoid uncertainty on his part.
A Broker shall forfeit his right to receive fees or to claim reimbursement of expenses if
Article (18) he breaches his obligations towards his client by acting in the interest of the other party,
or if he accepts a promise of a benefit made by the other party in circumstances where
A Broker may not broker any deal that violates the laws or regulations in force in the the acceptance of that promise is prohibited under the rules of good faith or the Code of
Emirate. Ethics.

Article (24)

Where several Brokers are engaged under one contract, they shall be jointly responsible
for the work assigned to them unless they are authorised to work severally.

196 197
Article (25) Article (30)

Unless otherwise agreed, where several Persons engage a single Broker for the same Unless the Brokerage agreement stipulates otherwise, if the Broker’s advices or
assignment, they shall be jointly responsible towards him for performing the engagement. negotiations fail to lead to the conclusion of a contract between the parties, the Broker
shall not be entitled to claim any compensation or reimbursement of any expenses or
Chapter Four costs he has incurred.
Real Property Broker Remuneration
Article (26) Article (31)

A Brokerage agreement must be in writing and must state the names of the contracting Where more than one Broker participates in the Brokerage or negotiation process
parties, the specifications of the Real Property, and the Brokerage terms. An entry shall on behalf of one party for the purpose of concluding a contract, and this leads to the
be created on the registry folio of the Real Property to denote that it is subject to the conclusion of the contract, they shall share the fees as if they were one Broker. The fees
Brokerage agreement. shall be distributed among these Brokers in accordance with the terms of the contract
entered into by them.
Article (27)
Article (32)
Broker’s fees shall be determined by agreement. In absence of an agreement, the fees
shall be determined according to the prevailing customary practice. Subject to Article (30) above, if a party enters into separate agreements with several
Brokers for the same Brokerage or negotiation assignment, and only one Broker succeeds
Article (28) in concluding the transaction, that Broker shall be exclusively entitled to the full fees.

1. A Broker shall be entitled to fees for his Brokerage only if it leads to concluding a Article (33)
contract between the parties. A contract shall be deemed concluded if all parties agree
on all the conditions provided for in the Brokerage agreement. A Broker shall be entitled to receive fees only from the party who engages him to broker
2. A Broker shall be entitled to his fees upon signing the sale contract and registering it a deal. If the Broker is engaged by both parties, each party shall be severally liable to pay
with the DLD unless the Brokerage agreement stipulates otherwise. his own share of the fees even if they both agree that one of them shall pay the Broker’s
3. If the sale contract is conditional upon the fulfilment of a condition which is agreed fees in full.
upon in the Brokerage agreement, the Broker shall be entitled to his fees only upon
fulfilment of that condition. Chapter Five
Settlement of Disputes
Article (29) Article (34)

Where a Brokerage agreement is terminated, the Broker shall be entitled to claim his fees A Council comprised of four (4) Persons in addition to the DLD Legal Advisor shall be
as stipulated in the Brokerage Agreement, except where he is proven to have committed established at the DLD. Members of the Council shall be appointed pursuant to a resolution
fraud or gross negligence. of the Director General. The Council shall have jurisdiction to settle disputes relating to
Brokerage.

198 199
Article (35) Chapter Six
Penalties and Loss of a Real Property Broker’s Status
The Council shall consider a Brokerage dispute only if the relevant Brokerage agreement Article (39)
provides for the amicable settlement of disputes by the DLD, or if the disputants
subsequently agree to refer their disputes to the DLD. The agreement to settle disputes Without prejudice to any penalty prescribed by applicable laws, the Committee may
amicably must be in writing and the subject matter of dispute must be specified in the impose any of the following penalties on any Broker who violates this Bylaw or the
amicable settlement agreement document. resolutions or instructions issued in pursuance hereof:
1. notice;
Article (36) 2. warning;
3. suspension of activity for up to six (6) months; or
The Council shall perform its duties in accordance with simplified procedures aimed at 4. blacklisting.
settling disputes expeditiously and ensuring justice for disputants. In this regard, the
Council shall follow the general principles of law. The Council’s decisions must be issued in Article (40)
accordance with the rules of law unless the Council is authorised to conduct conciliation,
in which case the Council shall not be bound by these rules, except for those relating to The registration of a Broker in the Register shall be revoked if he breaches the Code of
public order. Ethics; commits a gross violation of the laws, regulations, or instructions in force in
the Emirate; or receives three (3) black points. Revocation shall take effect pursuant to
Article (37) a resolution of the Director General upon the recommendation of the Committee, and
this resolution shall state the reasons for the revocation. The Broker may submit to the
The Council shall have a secretariat, which shall receive requests, open case files, draft Chairman a grievance against the revocation decision, within fifteen (15) days from the
reports and minutes of meetings, serve notices on disputants, maintain case files, and date of being notified of the decision. The decision of the Chairman in this respect shall
generally provide all administrative support services to the Council. The secretariat shall be final.
be appointed pursuant to a resolution of the Director General.
Article (41)
Article (38)
A Person shall cease to be a Broker and his registration with the DLD shall be revoked if:
1. An amicable settlement application shall be submitted to the Committee by the 1. he ceases his Brokerage activity permanently and notifies the DLD of the cessation;
applicant on the form prescribed for this purpose. The application shall be accompanied 2. he suspends his Brokerage activity for more than twelve (12) consecutive months
by the supporting documents in a number of copies equal to the number of disputants. without a valid reason acceptable to the Committee;
2. Upon payment of the prescribed fee, the chairman of the Committee shall order the 3. he ceases to meet any of the requirements stipulated in this Bylaw or in any
registration of the application, and the secretariat shall notify the adversary of the resolutions or instructions issued in pursuance hereof;
application. 4. his registration is proven to have been granted based on false information supplied
3. The adversary must reply in writing to the application statement and to all facts and by him to the Division; or
claims included therein, and must submit this reply and any relevant supporting 5. the Chairman issues a resolution revoking the Broker’s registration in accordance
documents to the secretariat within one (1) week from the date of being notified of with Article (40) of this Bylaw.
the application.
4. The Council must determine the dispute within thirty (30) days from the date of
referral of the dispute file, and this period may not be extended without valid reasons.

200 201
Article (42)

The Division must notify the Competent Entities of any decision suspending the activity
of a Broker or revoking his registration.
Regulation No. (3) of 2006
Chapter Seven
Final Provisions
Article (43)
Determining Areas for Ownership by

All Brokers operating by the date of issue of this Bylaw must comply with its provisions Non-UAE Nationals of
within six (6) months from the day on which it is issued. The Chairman may extend this
period by up to three (3) months based on valid reasons justifying that extension.
Real Property in the Emirate of Dubai
Article (44)

The Committee may, in consultation with Competent Entities, classify Brokers according
to their specialisation or limit their number based on the need for their services.

Article (45)

The DLD shall collect fees for the services provided pursuant to this Bylaw. These fees shall
be determined pursuant to a resolution of the Chairman.

Article (46)

The Chairman shall issue the orders, resolutions, and instructions required for the
implementation of this Bylaw.

Article (47)

This Bylaw comes into force on the day on which it is signed, and shall be published in the
Official Gazette.

Mohammed bin Khalifa Al Maktoum


Chairman of the Land Department

Issued in Dubai on 30 May 2006


Corresponding to 3 Jumada al-Ula 1427 A.H.

202
Regulation No. (3) of 2006 8. Al Jaddaf Plots No. (003), (007), and (008);
Determining Areas for Ownership by Non-UAE Nationals of 9. The World Islands Plot No. (001);
Real Property in the Emirate of Dubai 10. Ras al Khor Plot No. (165);
11. Al Rowaiyah Plots No. (063) and (065);
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai, 12. Sheikh Zayed Road Plots No. (118) and (147);
After perusal of: 13. Sofouh 1 Plot No. (069);
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai, 14. Sofouh 2 Plot No. (005);
Do hereby this Regulation. 15. Al-Qouz 3 Plots No. (005) and (006);
16. Al-Qouz Industrial Area 2 Plots No. (010) and (030);
Article (1) 17. Al-Qouz Industrial Area 3 Plot No. (028);
18. Mirdif Plots No. (143) and (144);
This Regulation shall be cited as “Regulation No. (3) of 2006 Determining Areas for 19. Dubai Marina Plots No. (007), (014), (015), and (033);
Ownership by Non-UAE Nationals of Real Property in the Emirate of Dubai”. 20. Palm Jebel Ali Plot No. (001);
21. Palm Jumairah Plot No. (001);
Article (2) 22. Nad Al Sheba Plots No. (209), (215) and (222); and
23. Warsan 1 Plot No. (002).
In implementing this Regulation, the following words and expressions shall have the
meaning indicated opposite each of them unless the context implies otherwise: Article (4)
Ruler : His Highness the Ruler of the Emirate of Dubai.
DLD : The Land Department. A Non-UAE national may acquire usufruct or lease rights for up to ninety-nine (99) years
Real Property : Anything which is fixed and cannot be moved without damage or in Plot No. (224), Nad Al Sheba, which is shown on the relevant plan approved by the DLD
alteration of its structure. and attached hereto.

Article (3) Article (5)

A Non-UAE National may acquire freehold ownership rights, without time restriction, and This Regulation shall be published in the Official Gazette and shall come into force on the
usufruct and lease rights for up to ninety-nine (99) years, in the land plot(s) indicated day on which it is published.
opposite each of the following areas, which are shown on the plans issued by the DLD and
attached hereto: Mohammed bin Rashid Al Maktoum
Ruler of Dubai
1. Umm Hurair 2 Plot No. (013);
2. Al Barsha South 2 Plot No. (002);
Issued in Dubai on 7 June 2006
3. Al Barsha South 3 Plot No. (002);
Corresponding to 11 Jumada al-Ula 1427 A.H.
4. Emirates Hills 1 Plots No. (004) and (814);
5. Emirates Hills 2 Plots No. (001) and (049);
6. Emirates Hills 3 Plot No. (001);
7. Jebel Ali Plots No. (051), (074), (081), (082), (083), (084),
(142), (143), and (391);

204 205
Regulation No. (1) of 2010
Amending Regulation No. (3) of 2006
Determining Areas for

Ownership by Non-UAE Nationals of


Real Property in the Emirate of Dubai
Regulation No. (1) of 2010
Amending Regulation No. (3) of 2006 Determining Areas for
Ownership by Non-UAE Nationals of Real Property in the Emirate of Dubai

We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,


After perusal of:
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; and
Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of
Real Property in the Emirate of Dubai,

Do hereby issue this Regulation.

Article (1)

Article (4) of the above-mentioned Regulation No. (3) of 2006 is hereby superseded by the
following:

Article (4)

A non-UAE national may acquire freehold ownership rights, without time restriction, in
the Real Property existing on Plot No. (224), Nad Al Sheba, shown on the plan attached to
this Regulation.

Article (2)

Any provision in any other legislation shall be repealed to the extent that it contradicts the
provisions of this Regulation.

Article (3)

This Regulation shall be published in the Official Gazette and shall come into force on the
day on which it is published.

Mohammed bin Rashid Al Maktoum


Ruler of Dubai

Issued in Dubai on 18 March 2010


Corresponding to 2 Rabi al-Thani 1431 A.H.

208 209
Regulation No. (1) of 2011
Adding Land to the Areas for Ownership by

Non-UAE Nationals of Real Property in


the Emirate of Dubai
Regulation No. (1) of 2011
Adding Land to the Areas for Ownership by
Non-UAE Nationals of Real Property in the Emirate of Dubai

We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,


After perusal of:
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; and
Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of
Real Property in the Emirate of Dubai and its amendments,

Do hereby issue this Regulation.

Article (1)

Plot No. (126), Al Lisaili, and Plot No. (1), Me’aisam 2, whose boundaries and areas are
demarcated on the plans attached to this Regulation, are hereby designated as land to
which Article (3) of the above-mentioned Regulation No. (3) of 2006 applies and in which
non-UAE nationals may acquire freehold ownership rights, without time restriction, and
usufruct and lease rights for up to ninety-nine (99) years.

Article (2)

This Regulation comes into force on the day on which it is issued, and shall be published
in the Official Gazette.

Mohammed bin Rashid Al Maktoum


Ruler of Dubai

Issued on 24 April 2011


Corresponding to 21 Jumada al-Ula 1432 A.H.

212 213
Regulation No. (2) of 2012
Adding Land to the Areas for Ownership by

Non-UAE Nationals of Real Property in


the Emirate of Dubai

214
Regulation No. (2) of 2012
Adding Land to the Areas for Ownership by
Non-UAE Nationals of Real Property in the Emirate of Dubai

We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,


After perusal of:
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; and
Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of
Real Property in the Emirate of Dubai and its amendments,

Do hereby issue the following Regulation.

Article (1)

A non-UAE national may acquire usufruct rights, for up to eighty-five (85) years, in the Real
Property existing on Land Plot No. (1), Dubai Investment Park First, and Land Plot No. (1),
Dubai Investment Park Second, whose boundaries and areas are demarcated on the plans
attached to this Regulation.

Article (2)

This Regulation comes into force on the day on which it is issued, and shall be published
in the Official Gazette.

Mohammed bin Rashid Al Maktoum


Ruler of Dubai

Issued in Dubai on 7 June 2012


Corresponding to 17 Rajab 1433 A.H.

216 217
Regulation No. (3) of 2012
Adding Land to the Areas for Ownership by

Non-UAE Nationals of Real Property in


the Emirate of Dubai

218
Regulation No. (3) of 2012
Adding Land to the Areas for Ownership by
Non-UAE Nationals of Real Property in the Emirate of Dubai

We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,


After perusal of:
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; and
Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of
Real Property in the Emirate of Dubai and its amendments,

Do hereby issue this Regulation.

Article (1)

A non-UAE national may acquire usufruct rights, for up to ninety-nine (99) years, in the
Real Property existing on Plot No. (2780-251), Mirdif, whose boundaries and area are
demarcated on the plan attached to this Regulation.

Article (2)

This Regulation comes into force on the day on which it is issued, and shall be published
in the Official Gazette.

Mohammed bin Rashid Al Maktoum


Ruler of Dubai

Issued in Dubai on 7 October 2012


Corresponding to 21 Thu al-Qidah 1433 A.H.

220 221
Resolution No. (14) of 2015
Adding Land to the Areas for Ownership
by Non-UAE

Nationals of Real Property in the


Emirate of Dubai
Resolution No. (14) of 2015
Adding Land to the Areas for Ownership by Non-UAE
Nationals of Real Property in the Emirate of Dubai

We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,


After perusal of:
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai;
Law No. (9) of 2015 Concerning the Dubai World Trade Centre; and
Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of
Real Property in the Emirate of Dubai and its amendments,

Do hereby issue this Resolution.

Real Property Ownership Right


Article (1)

A non-UAE National may acquire freehold ownership rights, without time restriction,
in commercial and residential Real Property Units existing on the following land plots,
whose boundaries and areas are demarcated on the plans attached to this Resolution:
- Plot No. (21), Madinat Al Mataar (521);
- Plot No. (22), Madinat Al Mataar (521);
- Plot No. (23), Madinat Al Mataar (521); and
- Plot No. (24), Trade Centre Second (336).

Commencement and Publication


Article (2)

This Resolution comes into force on the day on which it is issued, and shall be published
in the Official Gazette.

Mohammed bin Rashid Al Maktoum


Ruler of Dubai

Issued in Dubai on 18 November 2015


Corresponding to 6 Safar 1437 A.H.

224 225
226 227
Resolution No. (8) of 2016
Adding Land to the Areas for Ownership by

Non-UAE Nationals of Real Property in


the Emirate of Dubai

228
Resolution No. (8) of 2016 Article (3)
Adding Land to the Areas for Ownership by
Non-UAE Nationals of Real Property in the Emirate of Dubai This Resolution comes into force on the day on which it is issued, and shall be published
in the Official Gazette.
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of: Mohammed bin Rashid Al Maktoum
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai; Ruler of Dubai
Law No. (10) of 2015 Concerning the Dubai Aviation City Corporation (the “DACC”); and
Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of Issued in Dubai on 9 June 2016
Real Property in the Emirate of Dubai and its amendments, Corresponding to 4 Ramadan 1437 A.H.

Do hereby issue this Resolution.

Ownership, Usufruct, and Long-term Lease Rights


Article (1)

A non-UAE national may acquire freehold ownership rights, without time restriction, and
usufruct and lease rights for up to ninety-nine (99) years, in the land and Real Property
Units existing on the following land plots, whose boundaries and areas are demarcated
on the plans attached to this Resolution:
1. Plot No. (205), Madinat Al Mataar (521);
2. Plot No. (206), Madinat Al Mataar (521); and
3. Plot No. (207), Madinat Al Mataar (521).

Previous Dispositions
Article (2)

All dispositions made by the DACC, prior to the effective date of this Resolution, in respect
of the land plots mentioned in Article (1) hereof are hereby deemed valid.
Commencement and Publication

230 231
232 233
Resolution No. (18) of 2019
Adding Land to the Areas for Ownership by
Non-UAE Nationals of

Real Property in the Emirate of Dubai

234
Resolution No. (18) of 2019
Adding Land to the Areas for Ownership by Non-UAE Nationals of
Real Property in the Emirate of Dubai

We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,


After perusal of:
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai;
Law No. (9) of 2015 Concerning the Dubai World Trade Centre;
Decree No. (29) of 2019 Amalgamating Land Plots into the Dubai World Trade Centre; and
Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of
Real Property in the Emirate of Dubai and its amendments,

Do hereby issue this Resolution.

Ownership, Usufruct, and Long-term Lease Rights


Article (1)

A non-UAE national may acquire freehold ownership rights, without time restriction, and
usufruct and lease rights for up to ninety-nine (99) years, in the land and Real Property
Units existing in the following land plots, whose boundaries and areas are demarcated on
the plans attached to this Resolution:
- Plot No. (69), Trade Centre Second;
- Plot No. (120), Zaabeel Second;
- Plot No. (121), Zaabeel Second; and
- Plot No. (122), Zaabeel Second.

Publication and Commencement


Article (2)

This Resolution shall be published in the Official Gazette and shall come into force on the
day on which it is published.

Mohammed bin Rashid Al Maktoum


Ruler of Dubai

Issued in Dubai on 4 September 2019


Corresponding to 5 Muharram 1441 A.H.

236 237
238 239
240 241
242 243
244 245
246 247

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