The
Dubai freehold
property market
is only just
over three years
old; during the
past three years
Dubai property
prices
have soared,
rental prices
have skyrocketed
and
international
real estate
investor
interest in this
Middle Eastern
market has
intensified
incredibly.
In Dubai and the
UAE, property
law is very
young and still
taking its
long-term shape,
although the key
elements are
straightforward
to understand.
Regarding
purchase of
property in
Dubai everyone
must aware of
following
things:-
1. The legal
position
regarding
freehold
ownership by
non-UAE
nationals and
non-GCC
nationals is
ambiguous and
requires
clarification,
2. The immigration
law and the
practice and
procedure for
issuing
residence visas
to expatriate
buyers (and
their families)
is ambiguous and
requires
clarification,
and
3. Mortgage finance
is now being
offered to
expatriates by
some local banks
and specialist
organisations on
specific terms.
6 Golden rules
to purchase
Property in
Dubai
Real estate in
Dubai is greatly
sought after even though
legislation is
still
provisional
1. Transfer of
property rights,
including real
estate, can be
performed just
by means of a
simple private
written contract
in Dubai. The
notarization
usual in other
countries does
not take place.
So beware of
signing anything
in haste!
2. A definitive law
on real estate
and a land
register for
foreign citizens
are still being
prepared in
Dubai. Until
this time,
purchases are
recorded in the
register of
ownership of the
developer
concerned, who
undertakes in
the purchase
agreement to
ensure a
transfer in the
land register as
soon as it is
available. Do
not therefore
sign an
agreement that
does not include
a clause with
this
undertaking.
3. Deposits of 10%
or often even
20% of the
purchase price
are usual.
Further
installments are
paid over the
agreed period of
time up to the
completion of
construction.
4. Purchase of real
estate is at
present tied to
the simultaneous
acquisition of a
residence permit
for the UAE,
which is,
however, not a
work permit.
5. Transfer to a
third party is
usually
permitted in the
purchase
agreements. For
this purpose the
original buyer
normally has to
pay to the
vendor a
transfer fee of
up to 2% of the
original price.
In practice
attempts are
made to pass on
the transfer fee
to the new
purchaser.
6. As a result of
the enormous
demand,
residential
property that is
ready for
occupancy is
hardly available
for purchase
except at second
or third hand.
In this case it
is advisable to
examine the
vendor’s first
purchase
contract in
order to ensure
that the right
to transfer
exists. Those
who do not wish
to move into
their property
immediately buy
“from the plan”
from the
developer, i.e.
with the
prospect of
completion, in
some cases, in
several years.
Dubai passed its
new property law
amid a steep
hike in rent and
purchase prices,
which according
to the real
estate expert
who wished to
remain
anonymous, is
making foreign
companies think
twice before
settling in the
emirate.
Rental Laws
Tenancy
contracts in the
United Arab
Emirates
normally last
for a year, with
exception to
Sharjah which is
normally for
three years, and
within that time
landlords are
not permitted to
increase the
rental price
until it
requires
renewal. At the
time of renewal,
a landlord is
not permitted to
increase the
rent by more
than 15% in
Dubai as of 12th
Nov. 2005.
If a dispute
happens between
a tenant and
landlord on the
price increase,
the issue should
be taken to the
Municipality's
Rent Control
Committee to
settle. To file
a case with the
Rent Control
Committee will
cost 400 or 500
Dhs. and will
take normally
between a few
weeks or months
before being
summoned to
appear before
the committee.
If the case is
won, then the
fee paid to file
a case will be
paid for by the
landlord.
Landlord
Obligations
Landlords are
normally
obligated to
handle the
annual
maintenance of
their property
and they are not
permitted to
evict a tenant
without just
cause within the
tenancy contract
time period.
Dubai Freehold
Property Law
On the 14th of
March 2006,
Dubai's
government
issued its
long-awaited law
legalising
foreign
ownership of
properties in
designated areas
of Dubai, but
doesn’t give
property owners
permanent
residence visas
or an automatic
right to work in
Dubai.
By:
Dubai city