Law
No. (2) of 2023
Concerning
the
Mohammed
bin Rashid Housing Establishment[1]
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We,
Mohammed bin Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law
No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law
No. (4) of 2011 Concerning the Mohammed bin Rashid Housing Establishment;
Law
No. (22) of 2015 Regulating Partnership between the Public Sector and the Private
Sector in the Emirate of Dubai;
Decree
No. (28) of 2015 Concerning Governance of the Councils/ Boards and Committees
Affiliated to the Government of Dubai;
Law
No. (1) of 2016 Concerning the Financial Regulations of the Government of
Dubai, and its Implementing Bylaw and its amendments;
Law
No. (8) of 2018 Concerning Management of the Government of Dubai Human
Resources;
Decree
No. (31) of 2016 Concerning the Mortgage of Granted Land in the Emirate of
Dubai;
Decree
No. (1) of 2019 Regulating the Establishment of Companies by Government
Entities in the Emirate of Dubai;
Law
No. (12) of 2020 Concerning Contracts and Warehouse Management in the
Government of Dubai;
Decree
No. (23) of 2020 Regulating the Sale by Heirs of Residential Real Property in
the Emirate of Dubai; and
The
Order of 1961 Establishing the Dubai Municipality,
Do
hereby issue this Law.
This
Law will be cited as “Law No. (2) of 2023 Concerning the Mohammed bin Rashid
Housing Establishment”.
The
following words and expressions, wherever mentioned in this Law, will have the
meaning indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Government: |
The Government of Dubai. |
|
Executive Council: |
The Executive Council of the
Emirate of Dubai. |
|
DM: |
The Dubai Municipality. |
|
MBRHE: |
The Mohammed bin Rashid Housing
Establishment. |
|
Board of Directors: |
The board of directors of the
MBRHE. |
|
CEO: |
The chief executive officer of the
MBRHE. |
|
Housing Service: |
A housing solution provided by the
MBRHE to a Beneficiary in accordance with the provisions of this Law and its implementing
bylaw, and the resolutions issued in pursuance thereof. |
|
Beneficiary: |
A UAE National who receives a Housing
Service in accordance with the provisions of this Law and its implementing bylaw,
and the resolutions issued in pursuance thereof. |
|
UAE National: |
Any UAE National holding a family
book (Khulasat Qaid) issued in the Emirate. |
The
provisions of this Law will apply to the Mohammed bin Rashid Housing
Establishment, regulated pursuant to the above-mentioned Law No. (4) of 2011 as
a public corporation having legal personality and the legal capacity required
to undertake all acts and dispositions that ensure the achievement of its
objectives.
The
head office of the MBRHE will be located in the Emirate. Other branches of the
MBRHE may be established within the Emirate pursuant to a resolution of the
Board of Directors.
The
MBRHE will have the following objectives:
1.
to meet the present and future
housing needs of Beneficiaries, and find the financing alternatives to provide
for these needs;
2.
to enhance family stability and
secure the well-being of UAE Nationals in Dubai by providing them with suitable
housing that aligns with their living conditions;
3.
to provide suitable Housing Service
options and alternatives in a manner that guarantees sustainable living
conditions for Beneficiaries;
4.
to develop streamlined and swift
procedures that allow Beneficiaries to access the Housing Services; and
5.
to maintain the characteristics and
privileges offered by the residential compounds developed by the MBRHE.
For
the purpose of achieving its objectives, the MBRHE will, in coordination with
the competent Government Entities in the Emirate where required, have the
duties and powers to:
1. prepare
and develop comprehensive strategies and general policies for the housing of
UAE Nationals in the Emirate; submit these strategies and policies to the
Executive Council for approval; and follow up their implementation;
2. develop
and manage the plans, programmes, and initiatives aimed at developing the
housing system for UAE Nationals in the Emirate, in accordance with the
strategies and policies approved by the Executive Council;
3. regulate
the processes for providing Beneficiaries with Housing Services, in accordance
with the provisions of this Law and its implementing bylaw, and the resolutions
issued in pursuance thereof;
4. consider
and determine applications for Housing Services submitted by eligible
Beneficiaries, in accordance with the provisions of this Law and its implementing
bylaw, and the resolutions issued in pursuance thereof;
5. provide
housing solutions and alternatives to Beneficiaries, including constructing residential
units and compounds, allocating or renting them out to Beneficiaries and taking
lease of residential units owned by third parties on behalf of Beneficiaries;
6. offer
interest-free loans and grants to Beneficiaries for financing the construction
or purchase of residential units; or for covering the costs of housing
maintenance, extension, or reconstruction;
7. take
necessary legal action against the Beneficiaries who fail to honour their
obligations under this Law and its implementing bylaw, and the resolutions
issued in pursuance thereof;
8. identify
the needs and service facilities in the areas designated for the housing of UAE
Nationals in the Emirate;
9. contribute
to alleviating the financial burdens on Beneficiaries by waiving, reducing, or
allowing the payment of the fees and charges prescribed for land and housing in
the Emirate by instalments;
10. sell,
purchase, and leasing out real property and movables to enable the MBRHE to
perform its functions under this Law and its implementing bylaw, and the
resolutions issued in pursuance thereof;
11. design
and construct, by itself or through contracted corporations and companies,
residential units and compounds to accommodate Beneficiaries; and design and
implement the utility works related to these units and compounds;
12. establish
companies either solely or in partnership with others; establish or participate
in investment funds; and invest its assets and property to increase its capital
and achieve its objectives, in accordance with the legislation in force in the
Emirate;
13. manage,
by itself or through corporations specialised in this field, such as financial
and banking institutions, the financial, administrative, and technical
operations related to Housing Services;
14. conclude
Partnership Contracts with the Private Sector as required to provide Housing
Services to the Beneficiaries;
15. link
the electronic platform of the MBRHE to the electronic platforms of the
concerned Government Entities to facilitate the submission of Housing Service
applications and enhance the Beneficiary’s experience in accessing Housing
Services; and
16. exercise
any other duties or powers required to achieve the MBRHE’s objectives, as
assigned to it by the Ruler or the Chairman of the Executive Council.
The
MBRHE may, in accordance with applicable legislation, outsource any of its
functions under this Law to any public or private entity pursuant to an
agreement concluded with that entity for this purpose. This agreement will
state its term and the rights and obligations of both parties.
The
organisational structure of the MBRHE will consist of the following organisational
levels:
1.
a Board of Directors; and
2.
an executive body.
The
MBRHE will have a Board of Directors comprised of a Chairman, vice chairman,
and a number of experienced, competent, and specialised Members appointed
pursuant to a decree issued by the Ruler. Membership of the Board of Directors
will be for a renewable term of three (3) Years.
a. The
Board of Directors is the highest authority responsible for overseeing the
MBRHE. The Board of Directors will undertake general supervision of the
achievement of the MBRHE’s objectives; the management of its affairs; and the
implementation of its policies, plans, and programmes. In particular, the Board
of Directors will have the duties and powers to:
1.
approve the strategic plans and
general policies of the MBRHE; submit these plans and policies to the Executive
Council for final approval; and supervise their implementation;
2.
approve, and follow up the implementation
of, the operational initiatives, programmes, and plans required for the
implementation of the strategies and general policies approved by the Executive
Council;
3.
approve the draft annual budget and
Financial Statements of the MBRHE, and submit the same to the competent
entities in the Emirate for final approval;
4.
approve the organisational structure
of the MBRHE and submit the same to the competent entities in the Emirate for
final approval;
5.
approve the resolutions and bylaws
regulating the administrative, financial, and technical work of the MBRHE;
6.
appoint auditors, determine their
remuneration, and review their reports and notes;
7.
review all matters related to the
Housing Services provided by the MBRHE, make the necessary proposals for
developing these services, and submit these proposals to the Executive Council
for approval;
8.
approve the investment plans and
establish the companies, corporations, and funds that support the achievement
of the objectives of the MBRHE, in accordance with the legislation in force in
the Emirate;
9.
approve, in accordance with the
legislation in force in the Emirate, Partnership Projects with the Private
Sector;
10. follow
up the performance by the MBRHE's executive body of its functions;
11. form
Committees and work teams, and determine their functions and terms of
reference;
12. determine,
upon the recommendation of the CEO, the applications for Housing Services
related to humanitarian cases, subject to the relevant conditions,
requirements, and criteria approved by the Board of Directors;
13. submit
periodic reports on the performance of the MBRHE to the Executive Council to
issue the relevant directives as it deems appropriate; and
14. exercise
any other duties or powers relevant to the work of the Board of Directors, as
assigned to it by the Ruler or the Chairman of the Executive Council.
b. The
Board of Directors may delegate any of its powers under sub-paragraphs (a)(2),
(a)(5), (a)(7), and (a)(12) of this Article to any of its Members or to the
CEO, provided that such delegation is specific and in writing.
The
above-mentioned Decree No. (28) of 2015, or any superseding legislation, will apply
to the Board of Directors in all matters related to the holding of its meetings;
the legal quorum required for the validity of its meetings and for passing its
resolutions and recommendations; the duties of its Chairman and Members; their
performance evaluation; and all other matters related to the governance and
regulation of its work.
a.
The executive body of the MBRHE will
be comprised of the CEO and a number of administrative, finance, and technical
Employees.
b.
The executive body of the MBRHE will
be responsible for performing its operational work, and for implementing the
MBRHE’s approved strategic plans, general policies, programmes, and
initiatives; and for providing administrative and technical support to the
Board of Directors.
c.
The above-mentioned Law No. (8) of
2018 and the resolutions issued in pursuance thereof will apply to the
Employees of the executive body of the MBRHE.
a. The
CEO will be appointed by a resolution of the Chairman of the Executive Council.
b. The
CEO will be directly responsible to the Board of Directors for performing his
functions under this Law, the resolutions issued in pursuance hereof, and other
legislation in force in the Emirate. In particular, the CEO will have the
duties and powers to:
1. propose
the strategic plans, general policies, and the operational plans, programmes,
and initiatives of the MBRHE related to Housing Services; and submit the same
to the Board of Directors for approval, as the case may be;
2. follow
up the implementation of the approved strategic plans, general policies, and
the operational programmes and initiatives of the MBRHE; and the resolutions
and recommendations passed by the Board of Directors;
3. prepare
the annual budget and Financial Statements of the MBRHE, and submit the same to
the Board of Directors for approval;
4. propose
the organisational structure of the MBRHE, and submit the same to the Board of
Directors for approval;
5. propose
the resolutions and bylaws regulating the financial, administrative, and
technical work of the MBRHE; and submit the same to the Board of Directors for
approval;
6. represent
the MBRHE before third parties; and conclude the contracts, agreements, and
memoranda of understanding to which the MBRHE is party with Government Entities
and the Private Sector;
7. determine
the criteria for estimating the amounts of loans and financial grants provided
by the MBRHE to Beneficiaries; and submit the same to the Board of Directors
for approval;
8. supervise
daily performance by the executive body of the MBRHE of its functions, and
submit the relevant performance reports to the Board of Directors to give the
relevant directives as it deems appropriate;
9. consider
the applications for Housing Services related to humanitarian cases, and submit
the appropriate recommendations in respect thereof to the Board of Directors
for determination, subject to the approved conditions, requirements, and
criteria;
10. prepare
annual reports on the activities and achievements of the MBRHE; and submit the
same to the Board of Directors to give the relevant directives as it deems
appropriate;
11. approve
the activities, events, and awareness campaigns related to Housing Services;
and
12. exercise
any other duties or powers assigned or delegated to him by the Board of
Directors.
c. The
CEO may delegate any of his powers under sub-paragraphs (b)(2), (b)(5), (b)(6),
and (b)(8) of this Article to any of the MBRHE’s Employees, provided that such
delegation is specific and in writing.
The
financial resources of the MBRHE will consist of:
1.
the financial appropriations
allocated to the MBRHE in the General Budget of the Government;
2.
the movable and immovable property
allocated to the MBRHE by the Government;
3.
proceeds from the fees collected by
the MBRHE for the services it provides, as determined pursuant to the relevant
resolution of the Chairman of the Executive Council;
4.
the revenue generated from the
activities conducted by the MBRHE, returns on the investment of its assets and
property, profits of the companies and funds it owns or in which it holds shares,
and the returns on the projects it implements; and
5.
the grants, gifts, donations,
endowment proceeds, and any other resources approved by the Board of Directors.
a.
In managing its accounts and
records, the MBRHE will apply the rules and principles of government
accounting.
b.
The Financial Year of the MBRHE will
commence on 1 January and will end on 31 December of each Year.
a.
The conditions and requirements for accessing
Housing Services and their types and values, and the categories of eligible
Beneficiaries, will be determined pursuant to the implementing bylaw of this
Law.
a.
Without prejudice to its right to
claim any financial liabilities owed to it by a Beneficiary, the MBRHE may,
pursuant to a resolution of the Board of Directors, withdraw a Housing Service
from the Beneficiary in any of the following cases:
1.
providing false or misleading
information to obtain the Housing Service;
2.
using the Housing Service for other
than its intended purposes;
3.
failing by the Beneficiary to meet
his obligations under the lease agreement concluded with the MBRHE to rent any
of its residential units, including the failure to pay rent; or
4.
in any other case determined by the
implementing bylaw of this Law.
b.
Without prejudice to his right to
file a grievance in accordance with Article (22) of this Law, the Beneficiary,
whose Housing Service is withdrawn in accordance with paragraph (a) of this
Article, must relinquish all benefits of the service and hand over any
associated assets to the MBRHE within thirty (30) days from the date on which the
withdrawal decision is issued. The service withdrawal decision will be deemed a
writ of execution to be executed by the execution judge of the competent court.
The decision of the execution judge in this respect will be final and will not
be subject to any form of appeal or challenge.
c.
A Beneficiary whose Housing Service
is withdrawn in accordance with this Article will forfeit his eligibility for
other Housing Services for a period of two (2) years from the date of execution
of the withdrawal decision. This will not apply to the humanitarian cases
approved by the Board of Directors.
d.
A Housing Service will be withdrawn
in accordance with the procedures and rules determined pursuant to the relevant
resolution of the Board of Directors.
a.
The amount of a loan granted to a
Beneficiary, or any outstanding balance thereof, will become immediately payable
if the Beneficiary fails to pay twelve (12) consecutive or non-consecutive
instalments. Where no amicable settlement is reached with the Beneficiary, the
MBRHE may, pursuant to the relevant resolution issued by the Board of Directors,
proceed with execution against his property to recover the outstanding amounts
of his loan or overdue instalments.
b.
The resolution of Board of Directors
issued in accordance with paragraph (a) of this Article will be deemed a writ
of execution to be executed by the execution judge of the competent court. The
decision of the execution judge in this respect will be final and will not be
subject to any form of appeal or challenge.
c.
The implementing bylaw of this Law
will determine the cases, conditions, and rules governing the waiver or
deferral of loans for Beneficiaries, or the rescheduling of loan instalments.
No
Beneficiary may dispose of any granted dwelling or land plot in any manner that
involves the transfer of ownership without obtaining the approval of the Ruler.
Any disposition of such dwellings or land plots by heirs will be governed by
the provisions of the above-mentioned Decree No. (23) of 2020.
The
Chairman of the Executive Council will issue a resolution specifying the acts
that constitute violations of this Law and its implementing bylaw, and the corresponding
penalties and measures to be imposed on violators.
The
MBRHE’s Employees and the staff of any of the MBRHE contracted entities
nominated pursuant to a resolution of the CEO will have the capacity of law
enforcement officers to record the acts committed in breach of the provisions
of this Law and its implementing bylaw. For this purpose, they may issue the
necessary violation reports, and, where necessary, seek the assistance of
police personnel.
Any
affected party may submit a written grievance to the CEO against the decisions,
procedures, and measures taken against him under this Law and its implementing
bylaw, and the resolutions issued in pursuance thereof, within thirty (30) days
of being notified of the contested decision, procedure, or measure. The
grievance will be determined, within thirty (30) days from the date of its
submission, by a committee formed by the CEO for this purpose, and the decision
issued in respect of the grievance will be final.
a.
Upon completion of the survey and
planning procedures by the DM for the areas designated for the construction of
residential units and compounds, the vacant residential and commercial land
plots located within these areas will be allocated to, and registered in the
land planning and surveying system adopted by the DM in the name of, the MBRHE.
The MBRHE will then develop, construct, utilise, or exploit these plots as per
their respective prescribed land use.
b.
No residential, service, or
commercial land plot located within the areas designated for the construction
of residential units and compounds of the MBRHE may be disposed of, redesigned,
or used for other than their intended purposes without first coordinating with
the MBRHE.
For
the purposes of enabling it to perform its functions under this Law and its
implementing bylaw, and the resolutions issued in pursuance thereof, the MBRHE
may seek assistance from Government Entities in the Emirate, including police
personnel. These entities must, whenever requested, provide such assistance to
the MBRHE.
The
Government will not be held liable to third parties for any debts or
obligations claimed from the MBRHE in respect of the performance of its functions
under this Law and its implementing bylaw, and the resolutions issued in
pursuance thereof. The MBRHE will be solely liable to third parties for such
debts or obligations.
a.
This Law supersedes the
above-mentioned Law No. (4) of 2011.
b.
Any provision in any other
legislation is hereby repealed to the extent that it contradicts the provisions
of this Law.
c.
The resolutions and bylaws issued in
implementation of the above-mentioned Law No. (4) of 2011 will continue in force
to the extent that they do not contradict this Law, until new superseding
resolutions and bylaws are issued.
a.
The Chairman of the Executive
Council will issue the implementing bylaw of this Law.
b.
Except for the resolutions which the
Chairman of the Executive Council is exclusively authorised to issue under this
Law, the Chairman of the Board of Directors will issue the resolutions required
for implementing the provisions of this Law, subject to approval of these
resolutions by the Board of Directors. These resolutions will be published in
the Official Gazette.
This
Law 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 6 February 2023
Corresponding to 15 Rajab 1444 A.H.
©2024 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.