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* Dubai property law likely to come into force next week


The recently issued Dubai Property Law No. (7) of 2006 may come into force next week when it is published in the Official Gazette, said Essam Al-Tamimi, senior partner of Al-Tamimi & Company advocates and legal consultants.

"The law will come into force on the date of its publication in the Official Gazette and I expect this to be next week, or even maybe this," he said at the monthly networking event of the Dubai Property Group. This group has a 110-strong membership that represents the combined interests of the Dubai's real estate community. It is in the process of joining forces with the DCCI Property Group.

Al-Tamimi said: "For foreign property investors, we now just await the Ruler's approval of designated areas in Dubai where they are entitled to own property and then they can seek registration of their property titles at the Dubai Land Department. This is expected soon." For GCC nationals, the new law grants them the right to own property in any area of Dubai, giving them equal status to UAE nationals.

Since all titles will be issued by the Land Department, Al-Tamimi also said: "It is my understanding that another branch may be opening in new Dubai to help process all the data," he said. Registration is essential in order to acquire ownership. "My advice is to get in the queue because if it's not done you do not have ownership," he added. Those registering leases between 10 and 99 years should also line up. If a lease is less than 10 years it cannot be registered, he said. The Land Department would also be regulating real estate brokers. Land registration fees are also likely to increase, commented Al-Tamimi. This is generally a two per cent fee based on the sale price on the date of purchase. "I
understand a new fee structure is likely," he said, "and having lived in Dubai so long it is most likely to be up". He also added that although the law provides for the appropriate legal framework "it is just a starting point and more regulation and legislation is required to meet the needs of a market that is rapidly growing in both size and complexity".

Al-Tamimi said: "The law is extremely brief, disappointingly so", pointing in particular to the fact that mortgages, and their enforcement, were not included, although this was because the issue of mortgages was included in the Civil Law. "I believe it could have been done in a better way," he said. "Mortgages are as important as the ownership of land".During the discussion, Al-Tamimi also said that he believed that the issuance of visas had nothing to do with property law and asked: "Why are the two tied?" "I believe the government will accommodate the issue but I don't expect more than this."

Taken from Khaleej Times

30 April 2006 - No. 76

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