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Law Informations

Concerning the Real Estate Regulatory Agency
Number: Law No. (4) of 2019 Issued On: 4 September 2019 Type: Resolution

Law No. (4) of 2019

Concerning the

Real Estate Regulatory Agency

 

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

After perusal of:

Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;

Law No. (8) of 2007 Concerning Escrow Accounts for Real Property Development in the

Emirate of Dubai;

Law No. (16) of 2007 Establishing the Real Estate Regulatory Agency;

Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai

and its amendments;

Law No. (13) of 2012 Establishing the Dubai Real Estate Institute;

Law No. (7) of 2013 Concerning the Land Department;

Law No. (8) of 2018 Concerning Management of the Government of Dubai Human

Resources;

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

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

Profession in the Emirate of Dubai,

Do hereby issue this Law.

 

Definitions

Article (1)

The following words and expressions, wherever mentioned in this Law, shall have the

meaning indicated opposite each of them unless the context implies otherwise:

Emirate: The Emirate of Dubai.

Executive Council : The Executive Council of the Emirate of Dubai.

DLD : The Dubai Land Department.

Director General : The director general of the DLD.

RERA : The Real Estate Regulatory Agency.

CEO : The chief executive officer of RERA.

Real Property Activities : The activities related to Real Property that RERA is authorised

 to license in the Emirate under this Law, the resolutions issued

 in pursuance hereof, and the legislation in force in the

 Emirate

Real Property Development Projects: The projects involving construction of multi-storey

 buildings and compounds for residential,

 commercial, industrial, or multiple purposes.

Jointly Owned Real Property : A building, including the parts and appurtenances

 allocated for common use, and the land on which

 that building is constructed; or land which is

 subdivided into units or land plots intended for

 individual ownership.

 

Applicability of the Law to RERA

Article (2)

The provisions of this Law shall apply to the Real Estate Regulatory Agency established

pursuant to the above-mentioned Law No. (16) of 2007 as a public corporation, which has

legal personality and the legal capacity required to undertake all acts and dispositions

that ensure the achievement of its objectives, and which is affiliated to the DLD.

 

Head Office of RERA

Article (3)

The head office of RERA shall be located in the Emirate. RERA may establish branches

within the Emirate pursuant to a resolution of the Director General.

 

Objectives of RERA

Article (4)

RERA aims to:

  1. contribute to developing the Real Property sector through an integrated set of

regulatory and supervisory procedures that enhance the role of this sector in the

comprehensive economic development of the Emirate;

  1. provide a safe and supportive environment for Real Property Development Projects

in the Emirate to ensure that the rights of Real Property Developers and investors are

protected;

  1. keep pace with the continuing growth witnessed by the Emirate in the Real Property

sector and all related activities;

  1. promote the role of UAE nationals in the Real Property sector, and implement

programmes and projects that enable them to engage in Real Property Activities; and

  1. establish the principles and code of conduct of Real Property Activities, and develop

the relevant charters.

 

Functions of RERA

Article (5)

For the purpose of achieving its objectives, RERA shall have the duties and powers to:

  1. regulate, audit, and monitor Escrow Accounts for Real Property Development, and

approve the banking and financial institutions qualified to manage these accounts;

  1. approve the rules regulating the Real Property development, sale, leasing, and

brokerage professions; the Real Property Valuation Profession; the management of

Jointly Owned Real Property; and other Real Property Activities;

  1. regulate and license Real Property Activities, and audit and monitor the persons

conducting these activities to ensure their compliance with the legislation regulating

the Real Property sector;

  1. regulate and audit the accounts related to managing and operating Jointly Owned

Real Property in accordance with the relevant applicable legislation;

  1. propose the legislation required for regulating the work of persons conducting Real

Property Activities;

  1. issue the bylaws required for regulating training and qualifying the staff of

establishments authorised to conduct Real Property Activities;

  1. register the persons conducting Real Property Activities in the relevant registers it

maintains for this purpose, and issue identification cards for individuals engaged in

Real Property Activities;

  1. consider and investigate complaints filed against the persons conducting Real Property

Activities, and take the necessary actions and decisions in respect thereof;

  1. audit; monitor; and inspect the operation, management, and maintenance of

Jointly Owned Real Property, Common Parts, and Common Facilities to ensure their

sustainability, and audit relevant accounts and books, in accordance with the relevant

applicable legislation;

  1. approve Real Property Development Projects in the Emirate, monitor their percentages

of completion, and issue the relevant resolutions and recommendations, in accordance

with the relevant applicable legislation;

  1. issue the required approvals of the content of Real Property advertisements in the

Emirate, including in Special Development Zones and free zones such as the Dubai

International Financial Centre; and monitor and censor that content in coordination

with the Competent Entities in the Emirate;

  1. develop and implement programmes and projects that promote the role of UAE

nationals in the Real Property sector and encourage them to engage in this sector;

  1. 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;

  1. develop and update policies and studies aimed at striking a balance between supply

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

  1. exercise any other duties or powers required for the achievement of the objectives of

RERA, as assigned to it by the Executive Council.

 

Executive Body of RERA

Article (6)

The executive body of RERA shall be comprised of the CEO and a number of administrative,

finance, and technical Employees, to whom Law No. (8) of 2018 Concerning Management

of the Government of Dubai Human Resources, and the resolutions issued in pursuance

thereof, shall apply.

 

Appointment and Functions of the CEO

Article (7)

  1. The CEO shall be appointed pursuant to a resolution of the Chairman of the Executive

Council.

  1. The CEO shall supervise the work and activities of RERA in a manner that ensures the

achievement of its objectives. In particular, the CEO shall have the duties and powers

to:

  1. prepare the general policy and the strategic and development plans of RERA, submit

the same to the Director General for approval, and follow up their implementation;

  1. prepare the organisational structure of RERA, and submit the same to the Director

General for approval in preparation for final approval by the Executive Council;

  1. propose the projects, initiatives, activities, and programmes that contribute to

the achievement of the objectives of RERA and that enable RERA to exercise its

functions; and submit the same to the Director General for approval;

  1. submit periodic reports to the Director General on the work and performance

outcomes of RERA;

  1. propose the draft administrative and technical resolutions and bylaws regulating

the work of RERA, and submit the same to the Director General for approval,

  1. supervise the work of the executive body of RERA; and
  2. exercise any other duties and powers assigned to him by the Director General.

 

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

in force.

 

Issuing Implementing Resolutions

Article (9)

The Chairman of the Executive Council shall issue the resolutions required for the

implementation of the provisions of this Law.

 

Supersession and Repeals

Article (10)

  1. This Law supersedes the above-mentioned Law No. (16) of 2007.
  2. 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.

  1. 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.