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 Dubai’s 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 “Law”);
Decree
No. (22) of 2021 Concerning the Chairman of His Highness the Ruler of Dubai’s
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.
The words and expressions mentioned in this Resolution will have the
same meaning assigned to them in the Law.
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.
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.
The chairman of the Acquisition Committee will issue the resolutions and
instructions required for the implementation of the provisions of this
Resolution.
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 Dubai’s
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.