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

Law No. (7) of 2006

Concerning Real Property Registration

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

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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai

After perusal of:

Federal Law No. (5) of 1985 Issuing the Civil Code and its amendments;

Federal Law No. (11) of 1992 Issuing the Civil Procedure Law and its amendments;

Law No. (7) of 1997 Concerning Land Registration Fees; and

The Decree of 1960 Establishing the Land Affairs Committee,

Do hereby issue this Law:

Chapter One

Title and Definitions

Article (1)

This Law will be cited as "Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai".

Article (2)

The following words and expressions, wherever mentioned in this Law, will have the meaning indicated opposite each of them, unless the context implies otherwise:

UAE:	The United Arab Emirates.
Emirate:	The Emirate of Dubai.
Government:	The Government of Dubai including any of its departments, authorities, or public corporations.
Ruler:	His Highness the Ruler of the Emirate of Dubai.
Department:	The Land Department.
Chairman:	The chairman of the Department.
Director General:	The director general of the Department.
Real Property:	Anything which is fixed and cannot be moved without damage or alteration of its structure.
Real Property Rights:	Any principal or collateral rights in rem.
Property Register:	The documents kept in written or electronic format in an electronic record maintained by the Department in which the description and location of each real property and the rights related thereto are stated.
Real Property Unit:	Any land plot in a single Real Property Area, including any buildings, anything growing on or attached to it, without any part of the land plot being separated by any public or private property and without any part of the land plot being subject to rights or encumbrances other than those rights and encumbrances which apply to the whole.
Real Property Area:	A set of Real Property Units demarcated by main roads or fixed and clear landmarks, having an approved name and a distinct number, in accordance with the regulations adopted by the Department.
Person:	Any natural or legal person.

Chapter Two

Scope of Application and Right of Ownership

Article (3)

The provisions of this Law will apply to Real Property in the Emirate.

Article (4)

The right to own Real Property in the Emirate will be restricted to UAE nationals, nationals of the Gulf Cooperation Council member states and to companies fully owned by these, and to public joint stock companies. Subject to the approval of the Ruler, non-UAE nationals may, in certain areas determined by the Ruler, be granted the following rights:

a. Freehold ownership of Real Property without time restrictions; and

b. Usufruct or leasehold over Real Property for a period not exceeding ninety-nine (99) years.

Chapter Three

General Provisions

Article (5)

Originals of documents and court rulings in accordance with which Real Property registration is made will be kept with the Department and may not be removed from its premises. Pursuant to the provisions of this Law, interested parties, judicial authorities, or experts and competent committees delegated by judicial authorities may have access to the documents kept on record and obtain an attested copy thereof.

Chapter Four

Functions of the Department

Article (6)

The Department will be the only entity authorised to register Real Property Rights and long-term leasehold contracts provided for in Article (4) of this Law. For such purpose, the Department will:

1. determine areas to be surveyed or re-surveyed and certify maps drawn for them;

2. prescribe rules relating to surveying and inspection and issue maps of Real Property Units;

3. prepare contract templates relating to Real Property transactions;

4. prescribe rules for organising, archiving, and destroying documents;

5. prescribe rules for the use of computers for storing and recording of data;

6. prescribe rules for regulating and keeping the real estate brokers register;

7. prescribe rules on valuing Real Property;

8. prescribe rules for voluntary auction sale of Real Property and supervise such sales;

9. determine fees payable for services provided by the Department; and

10. establish branches of the Department as the Director General deems appropriate.

Chapter Five

The Property Register

Article (7)

A Property Register will be maintained in the Department to record all Real Property Rights and any amendments thereto. This Property Register will have absolute evidentiary value against all parties and the validity of its data may not be impugned unless it is proven to be the result of fraud or forgery.

Article (8)

Subject to the provisions of Article (7) of this Law, all electronically recorded Real Property documents and reports will have the same evidentiary value as the originals of such documents and reports.

Chapter Six

Registration

Article (9)

All transactions that create, transfer, amend, or extinguish Real Property Rights will be recorded in the Property Register. Likewise, final rulings validating such transactions will also be registered. Such transactions will not be deemed valid unless recorded in the Property Register.

Article (10)

If an obligor is in breach of his undertaking to transfer any Real Property Right, his liability will be limited to his obligation to pay an indemnity for this breach, regardless of whether or not an obligation to pay such an indemnity is stated in the undertaking.

Article (11)

If the estate of a deceased contains Real Property Rights, a certificate of inheritance will be registered in the Property Register, and disposal by any heir of any such rights will not be effective or recognised against third parties unless also registered in the Property Register.

Article (12)

The Department may, in accordance with procedures determined under a resolution of the Chairman of the Department, consider applications for registration submitted by Persons in possession of land that is not registered in their names in order to adjust the status of such land.

Chapter Seven

Variation or Correction of Property Register Data

Article (13)

The Department may, upon the application of an interested party, or on its own initiative, after giving notification to concerned parties, correct manifest material errors in the records of the Property Register.

Article (14)

In coordination with competent entities, the Department will update the data of Real Property Units and of everything thereon such as buildings, plants or otherwise.

Chapter Eight

Maps

Article (15)

1. Registration of Real Property Units and Real Property Areas will be based upon the following maps:

a. topographic master map;

b. map of the Real Property Unit; and

c. map of the Real Property Area.

2. Each Real Property Area will have its own separate map indicating the Real Property Units located on it and their numbers.

3. Each Real Property Unit will have its own separate map indicating its site, boundaries, measurements, area, features, constructions situated on it, and the numbers given to its adjacent Units.

Chapter Nine

Dividing and Merging

Article (16)

If a dominant Real Property Unit is divided, any existing easement right will continue for each resulting part, provided that this division does not increase the burden on the servient Real Property Unit. However, if the easement is only beneficial to some of the resulting parts, the owner of the servient Real Property Unit may apply to the Department to terminate the easement rights in respect of the other parts.

Article (17)

If a servient Real Property Unit is divided, any existing easement rights will continue for each resulting part. However, if the easement right is not used over some parts, or if it is not possible to use it over some parts, the owner of each part thereof may apply to the Department, in accordance with the provisions of this Law, to extinguish the easement right in respect of his part.

Article (18)

Easements cease to exist upon the acquisition of the dominant and servient Real Property Units by the same owner.

Article (19)

If a Real Property Unit encumbered by a collateral right in rem is divided into two or more Real Property Units, each resulting new Real Property Unit will be encumbered by the entire right. The new owners may agree with the beneficiary of the collateral right in rem on division of such right in such a manner that each new Real Property Unit be encumbered by only part of such right as may be specified by mutual consent.

Article (20)

Where two (2) Real Property Units merge and one of them is encumbered by a collateral right in rem while the other is not, the collateral right will extend to cover the entire new Real Property Unit without approval of the merger by the beneficiary of the collateral right in rem. However, where each of the two (2) Real Property Units is encumbered by an independent collateral right in rem, the merger must be approved by beneficiaries of such rights.

Article (21)

Any variation in the Real Property Unit by way of division or merger will be registered in the Property Register.

Chapter Ten

Title Deeds

Article (22)

The Department will issue title deeds relating to Real Property Rights based on the data recorded in the Property Register.

Article (23)

Without prejudice to the provisions of any other law, apartment buildings and multi-storey buildings will be treated as a single Real Property Unit and will have one record in the Property Register to be supplemented by records stating the names of the owners of the apartments, floors, and common areas.

Article (24)

1. Title deeds mentioned in Article (22) of this Law will have absolute evidentiary value in verifying Real Property Rights.

2. Any conditions, undertakings, or restrictions concerning Real Property Rights and other obligations, will be stated in the record of the Real Property Unit.

Chapter Eleven

Final Provisions

Article (25)

Provisions of Federal Law No. (5) of 1985 Issuing the Civil Code and its amendments will apply to all matters not provided for in this Law.

Article (26)

1. Any agreement or disposition in breach of the provisions of this Law will be null and void. Likewise, any agreement or disposition made with the intention of circumventing the provisions of this Law will be deemed null and void.

2. The invalidity of such an agreement or disposition may be invoked before the court by any interested party, the Department, the Public Prosecution, or otherwise ordered by the court on its own initiative.

Article (27)

The Decree dated 6 November 1977 Concerning Civil and Criminal Cases in Respect of Transactions Relating to Disposal of Land in the Emirate of Dubai will be repealed.

Article (28)

The Chairman will issue all regulations, decisions, orders, and instructions required for the implementation of the provisions of this Law.

Article (29)

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 13 March 2006

Corresponding to 13 Safar 1427 A.H.

[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.