Law Informations
Organizing the utilization of Government dwelling
Number: Law No. 11 of 2007
Issued On: 19 August 2007
Type: Federal law
Federal Law No. 11
ON ORGANIZING THE UTILIZATION OF GOVERNMENT DWELLINGS
Federal Law no.1 of 1972 on the Jurisdiction of Ministries and Powers of Ministers and its amending laws; and
Acting upon the proposal of the Minister of Public Works, the approval of the Cabinet and the Federal National Council and the ratification of the Federal Supreme Council;
In the application of the provisions of this Law, and unless the context otherwise provide, the following words shall have the meanings shown opposite to each:
The dwellings: The government dwellings built by the ministry and reserved for lodging the citizens’ families in the State.
The family: The members of a family made up of a husband and wife and their children and /or other family members living together.
2- That his total income does not allow him to own a private dwelling. The implementing regulation shall determine the criteria for assessing such income.
3- That the wife or minor children of the applicant are not owners of a private dwelling whose title was transferred to them by the head of the family; or which they disposed of through transfer of ownership subsequent to the effective date of this Law. Unless the house is not fit for habitation. In the application of this provision, a regulation issued by the Minister shall fix the specifications of the dwelling considered unfit for habitation.
A representative of the municipality of the Emirate where the dwellings distribution takes place member
The Head of the Committee may adjoin to the Committee one or more expert who shall not have voting power in the Committee’s resolutions.
2- Examine the applications, for benefiting from the dwellings, submitted by the citizens to the competent Bodies in the Emirates, and make the necessary recommendations in this respect.
3- Make the necessary recommendations with respect to recovering the lodgings in the instances stipulated in this law.
4- Any other competences referred to it by the Minister relative to the jurisdiction of the Committee.
The Committee’s meetings shall be held in the seat of the Ministry, or in any other place, upon convocation of its Chairman or request from at least three of its members. Meetings of the Committee shall not be valid unless attended by a majority of its members provided the Chairman or his deputy are among the attending. Resolutions shall be taken by majority vote of the attending members. In case of a tie, the votes of those in the Chairman’s side shall prevail. Resolutions shall be enforceable only after ratification by the Chairman of the Committee.
The Committee’s Chairman may form subsidiary committees from among the Committee members or from outside in order to study a specific topic or perform field visits concerning some topics relative to the Committee’s work and submit the results thereof to the committee which shall take the necessary actions in their regard.
Applications for benefiting from the dwellings shall be submitted to the Ministry on the form prepared for this purpose with all required data, deeds, and documents as determined by the implementing regulation to this Law.
Priority in benefiting from these dwellings shall be as determined by the Committee, provided the priority in examining and approving the submitted applications is observed in the following instances:
1- Persons whose private dwellings have been expropriated for public utility, if they were residing therein at the time of expropriation and they do not have another dwelling.
The beneficiary’s sons residing with him in the dwelling have the right to apply for obtaining a private dwelling for themselves should they marry and fulfill the conditions decided in this respect in accordance with this Law.
The decision allocating the benefit of a dwelling shall be issued by the Committee in the name of the Head of the family or his heirs who were under his custody, in case of his death prior to the issuance of such decision.
Whoever is notified that he has been allocated a dwelling and refuses to take delivery thereof, or where three months have elapsed since the signature of the delivery report without having an acceptable justification for not occupying it, shall forfeit his right to benefit from the dwelling. Should he wish to benefit from another dwelling, he must submit a new application.
Title to the dwelling shall pass to the beneficiary by a ministerial decision after the lapse of one year as of the date of taking delivery thereof. The concerned authorities in the Emirates shall issue the ownership deeds to the beneficiaries on the strength of the said decision.
The beneficiary may not, during five years from the issuance of the ownership deed, dispose of the dwelling by selling, bartering, donating renting or assigning it to third parties or subject it to any principal or accessory real right.
Subsequent to the said five - year period, the beneficiary may dispose of the dwelling by any of the mentioned means after securing the approval of the Committee.
Should the beneficiary pass away prior to the completion of the five-year period, his heirs who were under his custody shall succeed to him in completing the said period and the ownership of the dwelling shall pass to them upon fulfilling the conditions for benefiting from it.
Beneficiaries, under this Law, may exchange the dwellings allocated to them through agreement between themselves. The exchange decision shall be issued by the Chairman of the Committee upon written application from the concerned persons.
2- If it is established that he submitted incorrect information through which he obtained allocation of the dwelling.
3- If he uses the dwelling in a manner inconsistent with the conditions stipulated in the allocation regulation.
4- If a change in his social condition occurred and the Committee approved allocation of another dwelling to him.
In all cases referred to in Article 15, the recuperation decision must be issued by the Minister upon recommendation of the Committee. The person subject to a recuperation order must promptly deliver the dwelling to the competent Body within the time limit fixed by the Committee.
The person from whom the dwelling has been recuperated is entitled to be compensated for the added fixtures thereto.
The Minister shall issue the implementing regulation and the rules required for the implementation of this Law.
The Federal Law no. 9 of 1973
, referred to, is hereby abrogated. Are also abrogated every provision violating or contradicting the provisions of this Law.
, referred to, is hereby abrogated. Are also abrogated every provision violating or contradicting the provisions of this Law.This Law shall be published in the Official Gazette and shall come into effect as of the date of its publication.
