Executive Council Resolution No. (6) of 2023

Approving the Fees and Fines Prescribed for

Timeshare Schemes in the Emirate of Dubai^{^[1]}

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We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,

After perusal of:

Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;

Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai and its amendments;

Law No. (14) of 2009 Concerning the Pricing of Government Services in the Emirate of Dubai and its amendments;

Law No. (13) of 2011 Regulating the Conduct of Economic Activities in the Emirate of Dubai and its amendments;

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

Law No. (1) of 2016 Concerning the Financial Regulations of the Government of Dubai, and its Implementing Bylaw and its amendments;

Law No. (6) of 2019 Concerning Ownership of Jointly Owned Real Property in the Emirate of Dubai;

Law No. (14) of 2020 Concerning Timeshare Schemes in the Emirate of Dubai;

Law No. (20) of 2021 Establishing the Department of Economy and Tourism in the Emirate of Dubai; and

Executive Council Resolution No. (25) of 2009 Approving the Fees and Fines of the Real Estate Regulatory Agency,

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 above-mentioned Law No. (14) of 2020.

Fees

Article (2)

Pursuant to this Resolution, the fees set out in Schedules (1) and (2) attached hereto for issuing Permits and Approvals, and for providing other services by the DET and the Land Department to their clients in respect of Timeshare Schemes, are approved.

Fines

Article (3)

Without prejudice to any stricter penalty stipulated in any other resolution, the fines indicated opposite each of the violations set out in Schedule (3) attached hereto are hereby approved.

Payment of Fees and Fines

Article (4)

The fees and fines collected pursuant to this Resolution will be paid to the Public Treasury of the Government of Dubai.

Repeals

Article (5)

Items (10) and (13) of Schedule (1) attached to the above-mentioned Executive Council Resolution No. (25) of 2009 are hereby repealed. Any provision in any other resolution is also hereby repealed to the extent that it contradicts the provisions of this Resolution.

Publication and Commencement

Article (6)

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

Hamdan bin Mohammed bin Rashid Al Maktoum

Crown Prince of Dubai

Chairman of the Executive Council

Issued in Dubai on 16 February 2023

Corresponding to 25 Rajab 1444 A.H.

Schedule (1)

DET Fees in Respect of Timeshare Schemes

SN	Description	Fee (in Dirhams)
1	Issuing or renewing a Permit	AED 500.00 per year
2	Issuing or renewing a marketing, publicity, and advertising authorisation	AED 500.00 per year
3	Varying the details of a Permit	AED 50.00 per variation
4	Issuing or renewing an Approval for an Accommodation Unit	AED 100.00 per year for each Accommodation Unit located in a four-star hotel or resort
		AED 115.00 per year for each Accommodation Unit located in a five-star hotel or resort
		AED 40.00 per year for each Accommodation Unit located in deluxe hotel apartments
		AED 60.00 per year for each Accommodation Unit located in luxury hotel apartments
5	Varying the details of an Approval	AED 50.00 per variation
6	Subscribing to the electronic programme for Timeshare Schemes	1,500.00 one-time payment
7	Accommodation Unit inspection or re-inspection Request	AED 100.00 per year for each Accommodation Unit located in a four-star hotel or resort
		AED 115.00 per year for each Accommodation Unit located in a five-star hotel or resort
		AED 40.00 per year for each Accommodation Unit located in deluxe hotel apartments
		AED 60.00 per year for each Accommodation Unit located in luxury hotel apartments
8	Approving the re-opening of a closed down Accommodation Unit	200.00
9	Issuing a ‘To Whom It May Concern’ certificate	100.00
10	Request for obtaining a copy of an official document	50.00

Schedule (2)

Land Department Fees in Respect of Timeshare Schemes

SN	Description	Fee (in Dirhams)
1	Registering a Timeshare Contract in the Real Property Register	1,000.00
2	Varying the details of a Timeshare Contract registered in the Real Property Register	500.00

Schedule (3)

Violations and Fines

SN	Violation	Fine (in dirhams)
1	Conducting the Activity without a Permit	5,000.00
2	Failure to obtain a marketing, publicity, and advertising authorisation	5,000.00
3	Failure to comply with the requirements and conditions prescribed by the DET in respect of Permits, or Failure to abide by the scope of a Permit	2,000.00
4	Failure to obtain the DET prior approval for using an Accommodation Unit for conducting the Activity	3,000.00
5	Failure to comply with the requirements and conditions for Approvals, or Failure to abide by the scope of an Approval	500.00
6	Failure to renew, or delay in renewing, a Permit or an Approval at least thirty (30) days prior to the date of its expiry without a reason acceptable to the DET	AED 1,000.00 per month
7	Failure to comply with the conditions, requirements, and criteria applicable to the classification category of an Accommodation Unit, or changing the classification category without the approval of the DET	2,000.00
8	Failure to comply with the relevant technical conditions, requirements, and criteria that must be met by the Establishment	2,000.00
9	Misrepresenting the classification category of an Accommodation Unit or advertising an Accommodation Unit as classified under a different category than its actual classification category	5,000.00
10	Making any alteration to an Accommodation Unit without first obtaining the relevant approval of the DET	2,000.00
11	Failure to hand over an Accommodation Unit to the Beneficiary within the time frame stipulated in the relevant contract	2,000.00
12	Failure to hand over an Accommodation Unit to the Beneficiary in accordance with the terms agreed upon in the Contract	1,000.00
13	Failure to notify the DET before proceeding to change any information or documents related to a Permit, an Approval, or an Establishment	1,500.00
14	Providing the DET with false information, documents, or statistics when applying for a Permit or an Approval; at the time of classifying an Accommodation Unit; or upon receiving a request for information, documents, or statistics from the DET	1,000.00
15	Submitting forged documents to the DET when applying for a Permit or an Approval, at the time of classifying an Accommodation Unit, or upon receiving a request for documents from the DET	15,000.00
16	Failure to provide a Beneficiary with a copy of the contract, accompanied by all relevant documents	5,000.00
17	Failure to perform all contractual obligations towards Beneficiaries, as stated in the advertising and promotional material, in the Timeshare Contract, or in the Points-based Contract	5,000.00
18	Failure to comply with the requirements and conditions that must be met by the Timeshare Contracts, the Points-based Contracts, the Exchange Programmes contracts, or the sale contracts of the Accommodation Units of Establishments in the Emirate	1,000.00
19	Failure to maintain or update the paper and electronic records that contain all information and documents related to Timeshare Contracts and Points-based Contracts, and any other records determined by the DET; failure to keep these records for the period prescribed by the DET; or failure to make them accessible to the DET employees	1,000.00
20	Promoting or advertising Accommodation Units in a misleading or incorrect way or for purposes that contradict the provisions of the above-mentioned Law No. (14) of 2020 and the resolutions issued in pursuance thereof	5,000.00
21	Failure to include all the information prescribed by the DET in promotional and advertising material	500.00
22	Failure to Provide Beneficiaries with accurate and complete information on Accommodation Units and their classification categories, or including inaccurate information in a Timeshare Contract or Points-based Contract	2,000.00
23	Disparity between the services provided to Beneficiaries and those stated in the relevant contract; or failure to provide Beneficiaries with access to Common Facilities in Accommodation Units, or to provide them with facilities and services in accordance with the contract	3,000.00
24	Charging Beneficiaries additional administrative costs in return for providing electricity, water, sewerage, and hotel services	2,000.00
25	Failure to maintain a valid insurance policy for an Accommodation Unit throughout the term of the Approval	2,000.00
26	Failure to perform the periodic cleaning and maintenance services for an Accommodation Unit, including the replacement and renovation of furniture and interior and exterior fittings	2,000.00
27	Failure by an Establishment to provide the Beneficiary with defect warranty covering all defects that may preclude or diminish the use of an Accommodation Unit	3,000.00
28	Concluding contracts in respect of, or Conducting the Activity in, an Accommodation Unit that is closed down pursuant to a decision of the DET	5,000.00
29	Failure to observe the maximum capacity of an Accommodation Unit	1,000.00
30	Acting as a broker between Beneficiaries and any entity which is not authorised by the DET to conduct the Activity	10,000.00
31	Failure to respond to a complaint filed with the DET within the time frame it prescribes	1,000.00
32	Failure to develop a policy for addressing disputes and complaints, or failure to comply with the procedures prescribed by the DET for resolving disputes and complaints	2,000.00
33	Failure to cooperate with the DET employees or obstructing their work	5,000.00
34	Failure to provide the DET, within the prescribed time frame, with the data, information, or documents it requests	500.00
35	Relocating the Establishment without notifying the DET	1,000.00
36	Failure to notify the DET of any suspension of the Activity within ten (10) days from the date of that suspension	5,000.00
37	Failure to report to the DET when requested to do so	500.00
38	Failure to register Timeshare Contracts in the Real Property Register of the Land Department	5,000.00
39	Failure to abide by a decision of the DET in respect of any complaints referred to the Establishment	3,000.00
40	Failure to comply with the above-mentioned Law No. (14) of 2020, or violating any of the resolutions, instructions, or circulars issued by the DET	2,000.00
41	Failure to maintain the name board of the Establishment outside its premises	1,000.00
42	Disparity between the name of the Establishment on the name board and its name in the Permit	1,000.00
43	Failure to perform the necessary maintenance of the external name board of the Establishment	1,000.00
44	Failure to designate at least fifty percent (50%) of the total surface area of the external name board of the Establishment to the name of the Establishment in Arabic	1,000.00
45	Failure to comply with the requirements and conditions for transferring the rights of a Beneficiary in a Timeshare Interval, or transferring his Points, to another Beneficiary	3,000.00
46	Charging the Beneficiary any fees or other amounts that are not stipulated in the Timeshare Contract or Points-based Contract concluded with him	5,000.00
47	Failure to register Timeshare Contracts and Points-based Contracts in the Establishment Register	3,000.00

[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.