Decree No. (4) of 2010
Regulating the Transfer of Title to
Granted Industrial and Commercial Land in the Emirate of Dubai[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of
Dubai,
After perusal of:
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate
of Dubai;
The Instructions Issued on 20 September 1994 Concerning Land Granted
by the Government to UAE Nationals in the Emirate of Dubai;
The Order Issued on 20 September 1994 Prohibiting Notaries Public from Attesting Contracts,
Agreements, or Documents Related to the Disposition of Granted Land; and
The Order Issued on 12 July 2004 Concerning Residential Land Granted to UAE
Nationals in the Emirate of Dubai,
Do hereby issue this Decree.
The following words and
expressions, wherever mentioned in this Decree, will have the meaning indicated
opposite each of them unless the context implies otherwise:
|
Emirate: |
The Emirate
of Dubai. |
|
Government: |
The Government
of Dubai. |
|
DLD: |
The Land Department. |
|
Granted Land: |
Any industrial
or commercial land whose usufruct is granted to UAE nationals. This includes: 1.
land in respect of which disposition
orders are issued; and 2.
Granted Land which is conveyed to others by way of inheritance,
assignment, or gift; or in return for consideration. |
|
Beneficiary: |
A UAE
national who is awarded Granted Land. |
Upon the request of a Beneficiary, the
freehold title to his Granted Land may be transferred to him without any
restriction on the use, exploitation, or disposition thereof.
The ownership of Granted Land will be
transferred to a Beneficiary in accordance with the following procedures:
1.
The Beneficiary will submit to the DLD an
application for transfer of title to the Granted Land.
The DLD will consider the application, in coordination with other concerned entities in
the Emirate where required, and will issue the appropriate decision in
this regard.
2.
Upon payment by the Beneficiary of the transfer
fee prescribed in this Decree, the DLD will follow the procedures for transfer of title to the Granted Land
to the Beneficiary, register it in his name in the Real Property Register, and
issue its title deed.
A Beneficiary who wishes to
transfer the ownership of industrial or commercial land to himself will be charged a transfer fee of
thirty percent (30%) of the market value of the land as determined by the DLD at
the time of transfer.
a.
Notwithstanding the provisions of any other
legislation, a possessor of Granted Land who acquires its possession by way of sale by a Beneficiary may request
transferring
the freehold
title
to
that land to himself without any restriction on its use or exploitation.
b.
The DLD will transfer the title to the Granted Land
to the possessor upon considering his application, and verifying the
validity of his acquisition of the land possession and that he has paid the transfer fee of fifty percent (50%) of the
market value of the land.
The Director General of the DLD
will issue the instructions required for the implementation of the
provisions of this Decree.
Any provision in any other
legislation will be repealed to the extent that it contradicts the provisions
of this Decree.
This Decree comes into force on
the day on which it is issued, and will be published in the Official Gazette.
Mohammed bin Rashid
Al Maktoum
Ruler of Dubai
Issued
in Dubai on 2 March 2010
Corresponding to 16 Rabi
al-Awwal 1431 A.H.
©2020 The Supreme Legislation
Committee in the Emirate of Dubai
[1]Every effort has been made to
produce an accurate and complete English version of this legislation. However,
for the purpose of its interpretation and application, reference must be made
to the original Arabic text. In case of conflict, the
Arabic text will
prevail.