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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
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