Freehold Law
Freehold Ownership
Interim translation prepared by Al Tamimi & Co pending
publication of the official translation by the Government
LAW NO (7) OF 2006 CONCERNING REAL PROPERTY REGISTRATION
IN THE EMIRATE OF DUBAI
We, Mohammad Bin Rashid Al Maktoum, Ruler of Dubai:
Upon cognizance of the Federal Law No. 5 of 1985 issuing the
Civil Transactions Law, as amended, The Federal Law No. 11
of 1992 issuing the Civil Procedures Law, as amended, the
local Law No. 7 of 1997 concerning the charges for the registration
of lands, and the local Decree of 1960 concerning the formation
of the Lands Committee have issued the following Law:
Chapter One :
Name and Definitions
Article (1)
This Law shall be called the “Law No. (7) of 2006
concerning Real Property Registration in the Emirate of
Dubai".
Article (2)
Unless the context requires otherwise, the following terms
and expressions in this Law shall have the meanings as shown
against them respectively:
“State” means United Arab Emirates;
“Emirate” means the Emirate of Dubai;
“Government” means the Government of Dubai,
including any of its departments, authorities or public
establishments;
“Ruler” means H. H. the Ruler of the Emirate
of Dubai;
"Department" means the Department of Lands and
Properties;
“Chairman” means the Chairman of the Department;
“Manager” means the General Manager of the
Department;
“Real Property” means anything immovable fixed
within its boundaries which cannot be moved without damaging
or changing its features;
“Real Property Rights” means any right in rem,
whether principal or collateral, over a Real Property;
“Real Property Register” means a set of documents
held in written or electronic format in the electronic register
at the Department, which point out the description and location
of each Real Property and the rights attached thereto;
“Real Property Unit” means any plot of land
and any constructions, plants and other things thereon located
in a single Real Property Area without any part thereof
being separated from the other parts by any public or private
property and without having any rights or liabilities on
any part thereof other than the rights and liabilities of
the other parts;
“Real Property Area” means a group of Real
Property Units identified by main streets or fixed and clear
landmarks, bearing an approved name and independent serial
number in accordance with the regulations applied by the
Department;
“Person” means a natural or legal person.
Chapter Two :
Scope of Application and Right to Hold Title
Article (3)
The provisions of this Law shall apply to the Real Properties
in the Emirate.
Article (4)
The right to own Real Property in the Emirate shall be
restricted to UAE and GCC nationals and to companies owned
in full by them and to public joint stock companies. Subject
to the Ruler's approval and in specific areas in the Emirate
as determined by him, non-national persons may be granted
the following rights:
1. The right to freehold ownership without time restrictions;
or
2. Usufruct right or leasehold right over a Real Property
for a period not exceeding 99 years.
Chapter Three :
General Provisions
Article (5)
The original documents and judgments under which registrations
are made shall be maintained at the Department, and removing
them outside the Department is prohibited. Any party having
an interest, the judicial authorities or any experts appointed
by them and the competent committees may inspect the documents
maintained in the Register and obtain a certified copy of
them in accordance with the provisions of this Law.
Chapter Four :
Competence of the Department
Article (6)
The Department shall solely, to the exclusion of others,
be authorized to register the Real Property Rights and long
term leases as provided under Article 4 hereof. For this
purpose, the Department shall undertake the following:
1. Determine areas for survey or re- survey and approve maps
prepared thereof;
2. Determine the rules in connection with the survey, inspection
and issue of maps related to Real Property Units;
3. Prepare standard contracts in relation to Real Property
transactions;
4. Lay down the rules in connection with organizing, maintaining
and destroying documents;
5. Lay down the rules in connection with the use of computers
for saving and registering data;
6. Lay down the rules in connection with regulating and maintaining
a register for real estate brokers;
7. Lay down the rules in connection with the evaluation of
Real Properties;
8. Lay down the rules in connection with the sale of a Real
Property at optional public auction and the supervision thereof;
9. Determine the charges payable for services provided by
the Department; and
10. Establish branches for the Department as the Manager may
deem fit.
Chapter Five :
Real Property Register
Article (7)
A Real Property Register shall be established at the Department.
All Real Property Rights and any amendments thereon shall
be registered in the Register, which shall have absolute
power of evidence against all parties. No objections against
the data of the Register may be made other than on the grounds
of fraud or forgery.
Article (8)
Subject to the provisions of Article 7 hereof, documents and
instruments of the Real Property Register registered electronically
in a computer shall be acceptable for the purpose of evidence
as original documents and instruments.
Chapter Six :
Registration
Article (9)
All dispositions that may create, transfer, vary or terminate
a Real Property Right and all final judgments confirming
any such dispositions shall be registered in the Real Property
Register. Such dispositions shall not be valid unless they
are registered in the Real Property Register.
Article (10)
The liability for breaching an undertaking to transfer
any Real Property Right shall be limited to payment of indemnity,
whether or not such undertaking provides for an indemnity.
Article (11)
Any inheritance declaration shall be registered in the
Real Property Register if the inheritance includes Real
Property Rights. No dispositions by any heir in connection
with any such rights shall be valid or effective against
third parties unless such dispositions are registered in
the Real Property Register.
Article (12)
The Department may, in accordance with procedures to be issued
under a resolution by the Chairman of the Department, consider
applications for registration submitted by holders of lands
that are not registered in their names in order to settle
the position of such lands.
Chapter Seven :
Alteration or Correction of Data in the Real Property
Register
Article (13)
The Department may correct purely material errors in the
folios of the Real Property Register upon a request from
an interested party or on its own initiative and shall inform
the concerned parties of such corrections.
Article (14)
The Department shall, in coordination with the relevant authorities,
update the data in relation to Real Property Units together
with the buildings, plantations or other structures thereon.
Chapter Eight :
Maps
Article (15)
1. Upon the registration of the Real Property Areas and
Units in the Real Property Register, the following maps
shall be relied upon:
a. The base topographic map;
b. The Real Property Unit map;
c. The Real Property Area map.
1. Every Real Property Area shall have a separate map showing
the Real Property Units in that area together with their numbers.
2. Every Real Property Unit shall have a separate map indicating
its location, boundaries, dimensions, area, features and the
structures thereon together with the numbers of the adjacent
units.
Chapter Nine :
Division and Merger
Article (16)
If a dominant Real Property Unit is divided, the easement
right shall persist for each part of the Unit, provided
that such division shall not increase the burden on the
servient Real Property Unit. However, if the easement is
actually beneficial to only one of those parts, the owner
of the servient Real Property Unit may apply to the Department
to terminate the easement right of the other parts.
Article (17)
If a servient Real Property Unit is divided, the easement
right shall persist on each part of the Unit. However, if
the easement is actually used on some parts or cannot be
used thereon, the owner of each part thereof may apply to
the Department in accordance with the provisions of this
Law to terminate the easement right on the part owned by
him.
Article (18)
Easement rights shall terminate if the servient Real Property
Unit and the dominant Real Property Unit become under the
possession of a single owner.
Article (19)
If a Real Property Unit burdened with a collateral right
in rem is divided to two or more Real Property Units, each
new Real Property Unit shall bear the right in full. The
new owners and the holder of the collateral right in rem
may agree to divide such right so that each of the new Real
Property Units will bear only part thereof as agreed.
Article (20)
If two Real Property Units are merged, where one of them
is burdened with a collateral right in rem and the other
unit is free of such right, the collateral right in rem
shall extend to the new Real Property Unit in full without
the consent of the holder of the right to merger.
However, if each of the Units is burdened with a separate
collateral right in rem, the consent of the holders of such
rights to the merger shall be obtained prior to such merger.
Article (21)
Any amendment of merger or division on the Real Property Unit
shall be registered in the Real Property Register.
Chapter Ten :
Title Deeds
Article (22)
The Department shall issue title deeds of Real Property
Rights in accordance with the current records in the Real
Property Register.
Article (23)
Subject to the provisions of any other law, a multi floor
or apartment Real Property shall be considered as a single
Real Property Unit and a folio shall be designated thereto
in the Real Property Register. Supplementary folios in the
names of the owners of such apartments and floors and common
areas shall be added to the original folio.
Article (24)
1. Title deeds referred to under Article (22) of this Law
shall have absolute power of evidence to establish Real Property
Rights.
2. Any conditions, undertakings, encumbrances or any other
liabilities related to Real Property Rights shall be stated
in the designated folio of the Real Property Unit.
Chapter Eleven :
Final Provisions
Article (25)
The provisions of the Federal Civil Procedures Law No.
5 of 1985, as amended, shall apply to anything not provided
for in this Law.
Article (26)
1. Any agreement or disposal made in violation to the
provisions of this Law or with the intent to circumvent
its provisions shall be null and void.
2. Any party having interest or the Department or the Public
Prosecution may demand to invalidate such agreement or disposal
and the courts shall rule as such on its own initiative.
Article (27)
The Decree dated 6 November 1977 concerning civil and criminal
cases relating to land transactions in the Emirate of Dubai
is repealed.
Article (28)
The Chairman shall issue the required regulations, orders
and instructions for the enforcement of the provisions of
this Law.
Article (29)
This Law shall be published in the Official Gazette and
shall come in force as of the date of its publication.
Mohammad Bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 13 March 2006