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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. (7) of 1997 Concerning Land Registration Fees;
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai;
Law No. (8) of 2007 Concerning Escrow Accounts for Real Property Development in the
Emirate of Dubai;
Law No. (27) of 2007 Concerning Ownership of Jointly Owned Real Property in the
Emirate of Dubai;
Regulation No. (3) of 2006 Determining Areas for Ownership by Non-UAE Nationals of
Real Property in the Emirate of Dubai; and
Bylaw No. (85) of 2006 Regulating the Real Property Brokers Register in the Emirate of
Dubai,
Do hereby issue this Law.
Article (1)
This Law shall be cited as “Law No. (13) of 2008 Regulating the Interim Real Property
Register in the Emirate of Dubai”.
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.
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 structures constructed on it which cannot
be moved without damage or alteration to its structure.
Real Property Unit : A designated part of Real Property, including any part
designated on its plan.
Off-plan Sale : The sale of a Real Property Unit which is designated on plan
or is under construction, or whose construction is incomplete.
Master Developer : A Person who is licensed to conduct Real Property
Development activity in the Emirate and to sell Real Property
Units to others.
Sub-developer : A Person licensed to conduct Real Property Development
activity and to sell Real Property Units to others; and who
undertakes part of a Real Property Development project of a
Master Developer under an agreement between them.
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 (3)
1. Any disposition in respect of a Real Property Unit sold off-plan must be registered on
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
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
disposition involving the transfer or restriction of ownership, by the effective date of
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
than sixty (60) days from the date on which this Law comes into force.
Article (4)
A Master Developer or Sub-developer may not commence the implementation of a project
or sell its units off-plan unless he takes possession of the land on which the project is to
be constructed and obtains the necessary approvals from the Competent Entities in the
Emirate.
In all events, the DLD must create an entry on the registry folio of the Real Property to
denote that it is being developed.
Article (5)
An application for registration of a Real Property Unit in the Interim Real Property Register
shall be submitted on the form prescribed for this purpose. The application must be
accompanied by all necessary information and documents in accordance with the rules
and procedures adopted by the DLD.
Article (6)
Real Property Units sold off-plan and registered on the Interim Real Property Register
maintained by the DLD may be disposed of by way of sale, mortgage, or any other legal
disposition.
Article (7)
No Master Developer or Sub-developer may charge any fees for the sale, resale, or any
other legal disposition in respect of completed or off-plan Real Property Units, except for
the administrative expenses charged to third parties by the Master Developer or Sub-
developer, as approved by the DLD.
Article (8)
A Developer must register any completed project in the Real Property Register maintained
by the DLD once he receives the relevant completion certificate from the Competent
Entities. This includes registering sold Units in the names of their respective purchasers
who have fulfilled their contractual obligations in accordance with the procedures adopted
by the DLD.
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
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.
Article (9)
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.
Article (10)
No Developer or Real Property Broker may conclude a simple contract for off-plan sale of
Real Property or Real Property Units in projects that are not approved by the Competent
Entities. Any contract which is concluded prior to obtaining that approval shall be null and
void.
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. In
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
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 Developer may terminate the
sale agreement and refund the amounts received by him from the purchaser after
deducting a maximum of thirty percent (30%) of these amounts.
Article (12)
The area of a sold Real Property Unit shall be deemed to be correct. Any excess area
discovered after the handover of the unit shall not be taken into account, and the
Developer may not claim any payment for that excess area. In case of any shortage in the
area of the Real Property, the Developer must compensate the purchaser for that shortage.
However, if the shortage is insignificant, the Developer shall not be bound to compensate
the purchaser for the same.
Article (13)
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
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.
Article (14)
The Chairman of the Executive Council shall issue the regulations required for the
implementation of the provisions of this Law.
Article (15)
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 14 August 2008
Corresponding to 13 Shaban 1429 A.H
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