Media ININ Economy We Trust
Dubai 24-09-2019
UAE Vice President, Prime Minister and Ruler of Dubai His Highness Sheikh Mohammed bin Rashid Al Maktoum has issued Law No. 6 of 2019 on ownership of joint properties in the Emirate of Dubai. In Dubai, including special development zones and free zones.
The new law comes within the framework of a package of legislation and regulatory decisions aimed at strengthening the capabilities of the real estate sector and enhance its competitiveness and encourage investments in it and ensure the rights of all parties involved in the sector, whether owners, tenants, investors or real estate developers, and sets out the obligations of each of these parties, to ensure the continued contribution of the real estate sector To support the overall development process in Dubai.
Earlier this month, His Highness Sheikh Mohammed bin Rashid Al Maktoum directed the formation of the Higher Committee for Real Estate Planning in the Emirate of Dubai, headed by His Highness Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai, to plan the real estate sector in the emirate and develop a clear and thoughtful strategy to achieve value. In addition to the real estate projects, to increase the level of competitiveness of the sector as a whole and to emphasize its attractiveness, His Highness also issued Law No. 4 of 2019 on the “Real Estate Regulatory Agency” to promote the real estate sector and support it with regulatory and supervisory measures and provide a safe and supportive environment for real estate development projects and protect the rights of real estate developers. Sttmaren, and keep up with the steady growth of the real estate sector, and strengthening the role of the citizens of the state in this sector.
Law No. (6) of 2019 on the ownership of joint properties stipulates that the Dubai Land Department shall prepare a special register of joint properties, including the lands owned by the developers, on which the joint properties will be established, as well as the units allocated for independent ownership in the joint property sold by the developers. The names of the owners of these units, the members of the owners committee, and the building management system prepared in accordance with the regulations issued by the Department, which shows the procedures for the maintenance of the common parts defined by the law as the parts allocated in the common property for the joint use of the owners and occupants of the housing units. The register shall also include the percentage of the owners’ participation in the related costs, including equipment and services located in any part of another building, the plans, and the destination of the administration that manages the common facilities, common property or common parts in accordance with the provisions of this law. Includes developer, management company or hotel project management company as the case may be.
Contracts for the management of the joint property or the joint parts, their area and percentage of the area of the units in the joint property, in addition to the areas owned by the developer shall be recorded in the joint property. The Department of Lands and Property shall issue, upon request of the concerned parties, certificates, bonds and any other documents related to the unit or joint property. According to the data of the Register, every interested party shall have the right to access this Register.
The rules and conditions stipulated in Law No. 7 of 2006 on real estate registration in the Emirate of Dubai shall apply to the ownership of the common property, and in particular the determination of the areas in which real estate is owned by non-nationals in the Emirate of Dubai.
According to the law, the schemes and the system of the complex form the basis that includes the terms and conditions governing the development and operation of the main project and the joint real estate and the common facilities therein, including the planning and construction standards of the complex, as well as the statute and the building management system, as part of the title deed of the joint property. The owner of the unit, whether the landlord, the tenant or any other person authorized by the landlord to benefit from the unit, adheres to the developer, the owner and the occupants of the other units. To the extent applicable to its provisions.
The developer, whether the master developer or the sub-developer upon completion of the joint property and obtaining a certificate of completion from the competent authority in the Emirate, shall submit to the Dubai Land Department the documents which form part of the title deed of the joint property within sixty days from the date of issuance of the completion certificate. This period shall not exceed thirty days, provided that the developer provides reasonable reasons for the extension accepted by the Department. The developer’s obligation in this case does not include the deposit of the building management system prepared by the Real Estate Regulatory Authority.
In case the developer fails to submit the said documents within the specified time limit, the Department may ask any party it deems appropriate to provide them with such documents and deposit them with the developer, bearing all the expenses and costs that may arise therefrom. Provisions of this Law: Issuing and updating maps of joint and special common parts, which include connections, equipment, equipment or facilities allocated in the common property for the exclusive use of a certain number of owners in the common property and not other other owners. Common facilities.
The law defines the components of the common parts of the buildings, including: the structural parts of the common property, including the main pillars, foundations, columns, structural walls, ceilings, roof links, staircases, staircases, façades, roofs, thresholds, corridors, parking corridors, entrances, emergency exits and windows on exterior walls, including guard rooms; Facilities, recreational equipment, swimming pools, gardens, storage facilities, offices, and car parks for use by the management, the owners committee or visitors, unless the site plan
