In its second recent survey of the Dubai real estate market, Hadef
& Partners assessed issues involving the property registration
process, the levying of charges in respect of registration,
duplication of records between the Dubai Land Department (DLD) and
developers and the issues concerning service charges in Dubai. Over
350 completed responses were received and many respondents took the
time to provide detailed and extensive comments.
Key themes emerging from the survey:
98.6% of respondents believe a single authority should maintain
the property registry in Dubai and the majority of owners want land
records to be open for public inspection of payment of nominal
Many developers in Dubai are still charging fees for the
registration of property interests when this right exists
exclusively with the DLD. This practice may be preventing or
de-motivating owners from registering their interested in the land
registry operated by the DLD. This in turn could have a negative
impact on the Dubai real estate market as it may lead to the DLD
registry being incomplete.
The duplication of records by developers does not add any real
benefit to the real estate market. Furthermore, respondents cited
concerns about the duplication of records and developers continuing
to control personal records long after a property has been
completed and handed over to an owner.
Some developers are not aware of or are willfully ignoring the
current regulations surrounding jointly owned property and the
collection of service charges including administrative circulars
issued by the Real Estate Regulatory Agency (RERA).
More than 90% of respondents strongly favoured service charges
being subject to the approval of the interim home owners'
committee appointed and believe RERA should penalise developers who
do not provide owners with annual audited accounts for service
charges for years prior to the home owners' associations being
registered. In addition, respondents felt that owners'
committees should have input into the contractors employed to
provide services within developments.
Hadef & Partners' Real Estate & Commercial practice
head, Michael Lunjevich explained the purpose of the report:
"Hadef & Partners is committed to identifying issues that
may improve the development of the Dubai real estate market. Our
aim is to bring issues to the surface and enable real estate
regulators in Dubai to focus on these issues for the benefit of the
This is the second report on the Dubai real estate market
produced by Hadef & Partners. In November 2010, the firm
results of a 500 plus response survey which highlighted a
series of solutions to enhance the attractiveness of the Dubai real
estate market, some of which have since also been highlighted or
addressed by regulators.
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Precautionary attachment is a form of interim protection in
cases of urgency. It involves funds being held by the judiciary to
prevent the party under attachment from disposing of such funds to
the detriment of the attachment applicant.
A recent ruling of the Dubai Court of Cassation (the highest Court in the Emirate, against whose rulings there lies no further appeal) raises serious concerns as to whether the unruly horse of public policy that became infamous in the early nineteenth century in the common law world and in particular along the shorelines of the British Isles has now bridged the gulf between the common and civil law world, made its way across the Persian Gulf and - washed ashore in the Emirate of Dubai – has turn
In principle, when the parties agree to arbitrate, they shall be
bound by that agreement. It should therefore follow that when a
party initiates arbitration proceedings, the other party - the
respondent – will avail itself of the opportunity to present
its case and participate in the proceedings.
A common scenario: the Employer is not
happy with the Contractor’s performance,
whether because of failure to perform the
works in the manner provided for in the
Contract or because of some other breach
of the Contract.
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