Decree No. (32) of 2020
Concerning Ownership of Educational 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
2013 Concerning the Land Department;
Law No. (12)
of 2017 Regulating Civil Society Organisations in the Emirate of Dubai;
Law No. (16)
of 2017 Concerning the Knowledge Fund Establishment and its amendments;
Decree No.
(22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;
The Order of
1961 Establishing the Dubai Municipality;
The Order
Transferring the Ownership of Educational Land to the Knowledge Fund Establishment,
issued on 18 March 2007; and
The
legislation establishing and regulating free zones 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. |
|
DM |
The Dubai Municipality. |
|
KFE: |
The Knowledge Fund Establishment. |
|
Educational Land: |
Land which
is granted by
the competent authority in the Emirate; for
which site plans are issued; and which is classified under a planning scheme
as land allocated for educational purposes,
whether academic or professional. |
|
Developer: |
Any entity, whether wholly or partially
owned by the Government, that is licensed to conduct real property
development business in the Emirate and that is granted by
the competent authority in the Emirate a land plot which includes
Educational Land, for the purpose of real property development. |
|
Government Entity: |
Any of the departments, public agencies
and corporations, councils, authorities, or other public entities
affiliated to the Government, including the authorities supervising Special
Development Zones and free zones. |
a. In addition to the Educational Land to which the
above-mentioned order issued on 18 March 2007 applies, the ownership of the
following land is hereby transferred to the KFE:
1. the
Educational Land granted to Government Entities, including the land these entities lease
out or authorise third parties to use or develop;
2. the
Educational Land granted to Developers, including the land these Developers lease
out or authorise third parties to use or develop;
3. the
vacant Educational Land granted to individuals and private
entities, where five (5) years has lapsed from the date on which this land is granted without
being used, where the educational activities in the land
are permanently ceased, or where the purpose of
designating the land is fulfilled;
4. the
Educational Land granted to federal government entities, foreign communities, Civil
Society Organisations, or other entities, where five (5) years has lapsed from
the date on which this land is granted,
where the educational activities in the land
are permanently ceased, or where the purpose of
designating the land is fulfilled;
5. the
Educational Land allocated for Civil Society Organisations, where these organisations
cease to be non-profit entities; and
6. the
vacant land designated for educational purposes by the concerned
entities in the Emirate after the effective date of this Decree. This includes the
land which fall under the supervision
of Developers.
b. The provisions of paragraph (a) of
this Article do not apply to the following:
1. the
Educational Land granted to educational Government Entities;
2. the
Educational Land located within education districts, such as the Dubai Academic
City and the Knowledge Village;
3. the
Educational Land encumbered by mortgages or other financial liabilities
whose value exceeds the benefit to be derived
from transferring the land to the KFE, unless the KFE demands
the transfer of the same; and
4. the mixed-use
land of which any part is designated for educational
purposes.
a. Notwithstanding the provisions of
sub-paragraph (a)(2) of Article (2) hereof, a Developer may retain the Educational Land granted to him
prior to the effective date of this Decree, provided that he pays the KFE
seventy-five percent (75%) of the market value of that land.
b. The Developer must
pay the value stated in paragraph (a) of this Article in annual instalments throughout a period not
exceeding thirty-four (34) years.
c. The DLD will, within
a period not exceeding three (3) months from the date on which this Decree comes into force,
determine the market value of the Educational Land referred to in
paragraph (a) of this Article. The percentage stated in paragraph (a) of this
Article will be collected based on that market value until it is fully paid in full.
d. Where a Developer
fails to pay the percentage stated in paragraph (a) of this Article, the
ownership of the Educational Land referred to in
that paragraph will be transferred to the KFE. In this
case, the amounts that have been paid by the Developer to the KFE may
not be refunded.
e. Developers must not change the
use of the Educational Land referred to in paragraph (a) of
this Article without first obtaining the relevant approval of the KFE and the
concerned Government Entities, in accordance with the relevant adopted planning standards.
a. The KFE will, in
coordination with the DM, the DLD, and the authorities supervising Special Development Zones and free
zones, determine the Educational Land to which the provisions of Articles
(2) and (3) of this Decree apply.
b. The Government Entities to which
the provisions of Articles (2) of this Decree apply must,
within thirty (30) days from the date on which this Decree comes into force, provide the KFE
with the lease and land use agreements entered into with third parties.
c. Developers to whom
the provisions of Article (2) of this Decree apply must, within thirty (30)
days from the date on which this Decree comes into force, provide the KFE
and the DM with the technical data and information related to their Educational Land, including the
maps and plans of that land.
d. Developers to whom
the provisions of Article (3) of this Decree apply must, within six (6) months from the date on which
the DLD determines the market value of the Educational Land, inform the
KFE of their intention to retain this land, failing which the KFE may take the
actions required for acquiring the ownership of the land.
e. At the expense of the KFE,
the DLD will:
1. transfer the
ownership of the Educational Land to which the provisions of Article
(2) of this Decree apply; and
2. transfer the
ownership of the Educational Land to which the provisions of Article
(3) of this Decree apply where the Developer fails to pay in full the
percentage referred to in paragraph (a) of Article (3) of this Decree.
For the purpose of implementing the
provisions of this Decree, the KFE will conclude agreements with Developers in
which the rights and obligations of their parties are stated. In particular, these agreements
must state:
1. the method of determining the
market value of the Educational Land;
2. the method of providing the
KFE with the technical data and information related to the
Educational Land;
3. the method of payment by the
Developer of the percentage prescribed in paragraph (a) of Article (3) of this
Decree, where the Developer decides to retain the Educational Land;
4. the method of
enforcing the rights and performing the
obligations related to the Educational Land, if any. This includes the method for
payment of the service charges owed to the Developer in respect of the Educational Land, the rules governing the
lease and land use agreements concluded by the
Developer in respect of the Educational Land, and the rules governing any
other related matters;
5. the method
of dealing with the Educational Land of Developers in
respect of which development
contracts are concluded with other Developers;
6. the method of
settlement of the charges owed to the Developer in respect of transfer of
ownership of the same to the KFE;
7. the method of maintaining the
Infrastructure of the Educational Land transferred to
the KFE and the costs of this maintenance;
8. the method of development of Educational Land. This includes determining the
educational institution to occupy the land and the targeted persons and nationalities,
and any other relevant regulatory matters; and
9. any other matters
related to the Educational Land and agreed on between the KFE and the
Developer.
As of the date on which this Decree comes
into force and upon transferring the ownership of the
Educational Land governed by the provisions hereof to the KFE, the KFE will succeed
Government Entities and Developers in all lease and land use agreements concluded
in respect of that Educational Land.
This Decree will be published in the
Official Gazette and will come into force on the day on which it is published.
Mohammed bin
Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 24
November 2020
Corresponding to 9 Rabi al-Thani 1442 A.H.
©2021 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.