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Regulating the Interim Real Property Register in the Emirate of Dubai
Number: Law No. (9) of 2009 Amending Law No. (13) of 2008 Issued On: 12 April 2009 Type: Federal Law

Law No. (9) of 2009
Amending
Law No. (13) of 2008 Regulating the Interim
Real Property Register in the Emirate of Dubai
We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
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
(the “Original Law”),
Do hereby issue this Law.


Article (1)
Articles (2) and (11) of the Original Law are hereby superseded by the following:


Article (2)
The following words and expressions shall have the meaning indicated opposite each of
them unless the context implies otherwise:
Emirate : The Emirate of Dubai.
DLD : The Land Department.
RERA : The Real Estate Regulatory Agency.
Real Property Register : The Real Property register maintained by the DLD.
Interim Real Property Register : A set of documents which are created or maintained
by the DLD in paper format or in electronic format as
part of its electronic registry, and in which the details
of off-plan sale contracts, and other off-plan legal
dispositions, of Real Property are recorded prior to
transferring them to the Real Property Register.
Real Property : Land and any fixed structure constructed on it, or
either of them.
Real Property Unit : A designated part of Real Property, including any part
designated on its plan.
Off-plan Sale : The sale of Real Property Units designated on plans or under
construction Real Property Units.
Master Developer : A Person who is licensed to conduct the Real Property
Development activity in the Emirate and to sell Real Property
Units to others.
Sub-developer : A person who undertakes part of a Real Property Development
project of a Master Developer under an agreement between
them.
Real Property Broker : A Person who conducts Real Property Brokerage business in
accordance with Bylaw No. (85) of 2006 Regulating the Real
Property Brokers Register in the Emirate of Dubai.
Competent Entity : Any of the entities in charge of licensing or registering Real
Property projects in the Emirate.


Article (11)
1. Where a purchaser breaches any of the terms of the Real Property Unit sale agreement
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
contractual obligations, through serving a notice on him in person or by registered
mail or email.
2. If the purchaser fails to fulfil his contractual obligations within the grace period set
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
Property project, he may retain all the amounts paid and request the purchaser to
settle the balance of the contract price. If the purchaser fails to settle that balance,
the Developer may request selling the Real Property by public auction to settle the
remaining amounts payable to him.
b. Where the Developer has completed at least sixty percent (60%) of the Real
Property project, 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.
c. Where the Implementation of the Real Property project has commenced but less
than sixty percent (60%) of the project is completed, the Developer may terminate
the sale agreement and retain a maximum of twenty-five percent (25%) of the Real
Property Unit price set forth in the agreement.
d. Where the Implementation of the Real Property project has not commenced due to
reasons beyond the Developer’s control, and without negligence or omission on his
part, the Developer may terminate the agreement and retain up to thirty percent
(30) of the amounts paid by the purchaser.
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
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
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
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
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.