Law No. (4) of 2019
Concerning the
Real Estate Regulatory
Agency[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. (8) of 2007 Concerning Escrow Accounts for Real Property Development in the
Emirate of Dubai;
Law
No. (16) of 2007 Establishing the Real Estate Regulatory Agency;
Law
No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate
of Dubai and its amendments;
Law
No. (13) of 2012 Establishing the Dubai Real Estate Institute;
Law
No. (7) of 2013 Concerning the Land Department;
Law
No. (8) of 2018 Concerning Management of the Government of Dubai Human
Resources;
Executive
Council Resolution No. (6) of 2010 Approving the Implementing Bylaw of Law No.
(13) of 2008 Regulating the Interim Real Property Register in the
Emirate of Dubai; and
Executive Council Resolution No. (37) of 2015 Regulating the Real Property Valuation Profession in the Emirate of Dubai,
Do hereby issue this Law.
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. |
|
Executive Council: |
The Executive Council of the Emirate of
Dubai. |
|
DLD: |
The Dubai Land Department. |
|
Director General: |
The director general of the DLD. |
|
RERA: |
The Real Estate Regulatory Agency. |
|
CEO: |
The chief executive officer of RERA. |
|
Real Property Activities: |
The activities
related to Real Property that RERA is authorised to license in the Emirate
under this Law, the resolutions issued in pursuance hereof, and the
legislation in force in the Emirate. |
|
Real Property Development Projects: |
The projects
involving construction of multi-storey buildings and compounds for
residential, commercial, industrial, or multiple purposes. |
|
Jointly Owned Real Property: |
A building,
including the parts and appurtenances allocated for common use, and the land
on which that building is constructed; or land which is subdivided into units
or land plots intended for individual ownership. |
The provisions of this Law will apply to the Real Estate Regulatory Agency established pursuant to the above-mentioned Law No. (16) of 2007 as a public corporation, which has legal personality and the legal capacity required to undertake all acts and dispositions that ensure the achievement of its objectives, and which is affiliated to the DLD.
The
head office of RERA will be located in the Emirate. RERA may establish branches
within the Emirate pursuant to a resolution of the Director General.
RERA aims to:
1. contribute to developing the Real Property sector through an integrated set of regulatory and supervisory procedures that enhance the role of this sector in the comprehensive economic development of the Emirate;
2. provide a safe and
supportive environment for Real Property Development Projects in the
Emirate to ensure that the rights of Real Property Developers and
investors are protected;
3. keep pace with the
continuing growth witnessed by the Emirate in the Real Property sector and all related
activities;
4. promote the role of UAE nationals in the Real Property sector, and implement
programmes and projects that enable them to engage in Real Property
Activities; and
5. establish the principles and code of conduct of Real Property Activities, and
develop the relevant charters.
For the purpose of achieving its objectives, RERA will have the duties and powers to:
1. regulate, audit,
and monitor Escrow Accounts for Real Property Development, and approve the
banking and financial institutions qualified to manage these accounts;
2. approve the rules regulating the Real Property development, sale, leasing, and brokerage
professions; the Real Property Valuation Profession; the management of Jointly Owned Real Property;
and other Real Property Activities;
3. regulate and
license Real Property Activities, and audit and monitor the persons conducting
these activities to ensure their compliance with the legislation regulating the
Real Property sector;
4. regulate and audit
the accounts related to managing and operating Jointly Owned Real Property in
accordance with the relevant applicable legislation;
5. propose the
legislation required for regulating the work of persons conducting Real
Property Activities;
6. issue the bylaws
required for regulating training and qualifying the staff
of
establishments authorised to conduct Real Property Activities;
7. register the
persons conducting Real Property Activities in the relevant registers it
maintains for this purpose, and issue identification cards for individuals engaged in Real Property Activities;
8. consider and
investigate complaints filed against the persons conducting Real Property
Activities, and take the necessary actions and decisions in respect thereof;
9. audit; monitor; and inspect the operation,
management, and maintenance of Jointly Owned Real Property, Common Parts, and
Common Facilities to ensure their sustainability, and
audit relevant accounts and books, in accordance with the relevant applicable
legislation;
10. approve Real Property Development Projects in the Emirate, monitor their percentages of completion, and issue the relevant resolutions and recommendations, in accordance with the relevant applicable legislation;
11. issue the required
approvals of the content of Real Property advertisements in the Emirate, including in Special
Development Zones and free zones such as the Dubai International Financial
Centre; and monitor and censor that
content in coordination with the Competent Entities in the Emirate;
12. develop and
implement programmes and projects that promote the role of UAE nationals in the
Real Property sector and encourage them to engage in this sector;
13. develop and
implement informative and awareness-raising
programmes on the rights and obligations of the parties engaged in the Real
Property sector, in coordination with the Dubai Real Estate Institute;
14. develop and update
policies and studies aimed at striking a balance between supply and demand in
the Real Property market, and submit the same to the Director General for approval in preparation for final approval by the
Executive Council; and
15. exercise any other duties or powers required for the achievement of the objectives of RERA, as assigned to it by the Executive Council.
The executive body of RERA
will be comprised of the CEO and a number of administrative, finance, and
technical Employees, to whom Law No. (8) of 2018 Concerning Management of the
Government of Dubai Human Resources, and the resolutions issued in pursuance
thereof, will apply.
a. The CEO will be
appointed pursuant to a resolution of the Chairman of the Executive Council.
b. The CEO will
supervise the work and activities of RERA in a manner that ensures the
achievement of its objectives. In particular, the CEO will have the duties and
powers to:
1. prepare the general policy and the strategic and development plans of RERA, submit the same to the Director General for approval, and follow up their implementation;
2.
prepare the organisational
structure of RERA, and submit the same to the Director General for approval in preparation
for final approval by the Executive
Council;
3. propose the projects, initiatives, activities, and programmes that contribute to the achievement of the objectives of RERA and that enable RERA to exercise its functions; and submit the same to the Director General for approval;
4.
submit periodic
reports to the Director General on the work and performance outcomes of RERA;
5.
propose the draft
administrative and technical resolutions and bylaws regulating the work of
RERA, and submit the same to the Director General for approval,
6.
supervise the work
of the executive body of RERA; and
7.
exercise any other
duties and powers assigned to him by the Director General.
The financial resources of
RERA will consist of:
1. the support
allocated to RERA in the budget of the DLD; and
2. any other
resources approved by the Director General in accordance with the legislation
in force.
The Chairman of the Executive
Council will issue the resolutions required for the implementation of the
provisions of this Law.
a. This Law
supersedes the above-mentioned Law No. (16) of 2007.
b. The DLD hereby succeeds
RERA in exercising all the functions related to the registration of Lease Contracts
and regulation of the relationship between Landlords and Tenants, and in
exercising all other functions related to Lease Contracts, which are stipulated
in the legislation in force in the Emirate.
c. Any provision in
any other legislation is hereby repealed to the extent that it contradicts the
provisions of this Law.
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 4 September 2019
Corresponding to 5 Muharram 1441 A.H.
©2020 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.