Resolution No. (6) of 2022

Concerning the Procedures for Submitting

Applications for Acquisition of Real Property for the

Public Benefit in the Emirate of Dubai[1]

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We, Maktoum bin Mohammed bin Rashid Al Maktoum, Deputy Ruler of Dubai, Chairman of His Highness the Ruler of Dubaiís Court,

After perusal of:

Law No. (7) of 2013 Concerning the Land Department;

Law No. (2) of 2022 Concerning Acquisition of Real Property for the Public Benefit in the Emirate of Dubai (the ďLawĒ);

Decree No. (22) of 2021 Concerning the Chairman of His Highness the Ruler of Dubaiís Court; and

Resolution No. (2) of 2022 Concerning the Committee for Acquisition of Real Property for Public Benefit in the Emirate of Dubai,

Do hereby issue this Resolution.

Definitions

Article (1)

The words and expressions mentioned in this Resolution will have the same meaning assigned to them in the Law.

Procedures for Submission of Acquisition Applications

Article (2)

When submitting an application for Acquisition of Real Property in the Emirate of Dubai, the following procedures will be followed:

1.    An Acquisition application will be submitted to the DLD by the entity to whom the Project requiring the Acquisition belongs. The application must be accompanied by the following:

a.    the name of the Owner of the Real Property intended for Acquisition; and the holders, type, term, and purpose of any rights encumbering the Real Property and recorded in the Interim Real Property Register or the Real Property Register maintained by the DLD;

b.    a detailed report specifying the type, nature, and objectives of the Project to be implemented;

c.     the financial appropriations and the relevant approvals of the Project to be implemented;

d.    detailed plans showing the Real Property affected by the Project requiring the Acquisition; and

e.    any other data, documents, or requisites determined by the Acquisition Committee.

2.      The DLD will refer the Acquisition application and the documents attached to it to the Acquisition Committee within five (5) working days from the date of submission of the application accompanied by all the attachments referred to in sub-paragraph (1) of this Article. The Acquisition Committee must, within ten (10) working days from the date of referral of the Acquisition application, either grant an initial approval to complete the procedures related to considering the application by the DLD, or reject the application. The aforementioned time limits may be extended for similar periods by the Acquisition Committee on a case-by-case basis. The Acquisition Committee decision rejecting any Acquisition application must be reasoned.

3.    Within ten (10) working days from the date of the initial approval of an Acquisition application by the Acquisition Committee as stipulated in sub-paragraph (2) of this Article, the DLD will:

a.    inspect the Real Property intended for Acquisition to ascertain its location, and verify its description, contents, and uses;

b.    fairly estimate the amount of Compensation for the Real Property intended for Acquisition, in accordance with the relevant considerations and rules adopted by the DLD; and

c.     prepare an official report on the work performed by the DLD; and submit the same, together with its attachments, to the Acquisition Committee.

4.    Where deemed necessary by the Acquisition Committee, it may extend, for the period it deems appropriate, the time limit for performance by the DLD of its duties under sub-paragraph (3) of this Article.

Determining Acquisition Applications

Article (3)

a.    The Acquisition Committee will, within ten (10) working days from the date of receiving the DLD report and its attachments in accordance with the provisions of sub-paragraph (3)(c) of Article (2) hereof, determine the Acquisition application and issue the following relevant necessary decision:

1.    approving the type and amount of Compensation determined by the DLD or the Valuator, as the case may be, upon verifying the rules and standards based on which the type and amount of that Compensation have been determined;

2.    notifying the Acquiring Entity of the Compensation amount to deposit it into the Escrow Account in addition to any other expenses incurred in respect of the Acquisition as determined by the Acquisition Committee;

3.    approving the lists prepared by the DLD, including the names of Owners of the Real Property intended for Acquisition and the share of each Owner in the Compensation;

4.    issuing the Acquisition resolutions and expropriating the Real Property in favour of the Acquiring Entity if it is established to the satisfaction of the Acquisition Committee that the Project requiring the Real Property Acquisition achieves a public benefit; and that the funds necessary to settle the Compensation amount approved by the Acquisition Committee are available. In this case, the Acquiring Entity must, within a maximum period of thirty (30) working days from the date of issuance of the Acquisition resolution, deposit into the Escrow Account the Compensation amount in addition to any other expenses incurred in respect of the Acquisition as determined by the Acquisition Committee; and complete the procedures for implementing the Acquisition resolution in accordance with the Law; and

5.    where deemed necessary by the Acquisition Committee, notifying the concerned entities in the Emirate of the Acquisition resolution issued by it; of the Project for which Acquisition is made; and of any other information it deems necessary; or

6.    rejecting the Acquisition application and disapproving the expropriation of the Real Property whose Acquisition is requested if it is established to the satisfaction of the Acquisition Committee that the Project requiring the Real Property Acquisition does not achieve a public benefit; that the funds necessary to settle the Compensation amount approved by the Acquisition Committee are unavailable or the available funds are insufficient; or that any other conditions warranting rejection of the application, as determined by the Acquisition Committee, are satisfied.

b.    The time limit referred to in paragraph (a) of this Article for determination by of the Acquisition application by the Acquisition Committee may be extended for the same period depending on the conditions or nature of the Acquisition application.

Issuing Implementing Resolutions

Article (4)

The chairman of the Acquisition Committee will issue the resolutions and instructions required for the implementation of the provisions of this Resolution.

Commencement and Publication

Article (5)

This Resolution comes into force on the day on which it is issued, and will be published in the Official Gazette.

Maktoum bin Mohammed bin Rashid Al Maktoum

Deputy Ruler of Dubai

Chairman of His Highness the Ruler of Dubaiís Court

 

 

Issued in Dubai on 19 September 2022

Corresponding to 23 Safar 1444 A.H.



©2022 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.