Laws relating to leases of business premises should be listed in response to question Those relating to zoning and environmental should be listed in response to question
United Arab Emirates February 4 The Abu Dhabi Department of Municipal Affairs and the Executive Council are currently undertaking an extensive review and consultation process in relation to a new consolidated real estate law the Real Estate Law which will govern the introduction of an escrow law, strata titling and a mortgage law in Abu Dhabi.
The review forms part of the process of streamlining and enhancing the existing real estate laws in Abu Dhabi which in included the introduction of laws relating to the landlord and tenant relationship and car parking. Developers, investors and financial institutions expect the Real Estate Law to reflect international best practice and enhance confidence in the Abu Dhabi real estate market as Abu Dhabi seeks to continue to implement the Abu Dhabi plan.
It is hoped that the Real Estate Law will be enacted during the course of We set out below a brief summary of the real estate laws which came into effect infollowed by a short summary of the key matters expected to be covered by the Real Estate Law.
This amends Law No. The Executive Council of Abu Dhabi also issued Resolution 76 ofto establish a committee mandated to study the impact of government regulation of rent contracts.
Car parking Abu Dhabi Law No. This new law is aimed at tackling Uae escrow trust account law no lack of parking spaces in Abu Dhabi and entrusts the Department of Transport DOT with the role of organising and solving parking space issues.
There is also an obligation to provide parking spaces for existing buildings. It will be interesting to see how this will be applied in practice, particularly in the case of tower blocks in built up areas.
Expected legislation for The Real Estate Law will be extensive and is anticipated to cover a number of important issues such as strata titling, escrow accounts and mortgages. We summarise below the reasons why the Real Estate Law is needed and some of the areas that the Real Estate Law is expected to cover.
Strata The Articles of the UAE Civil Code which relate to the ownership of floors and apartments and the management and powers of a co-owners association are unclear and difficult to apply to modern strata titled communities. As the Civil Code is unclear and Article 31 is limited in scope, some developers have chosen to deal with the strata titling of units and the management of the community more extensively on a contractual basis, although this will inevitably lead to a disparity in the way strata titling is dealt with between adjoining developments.
Contractual provisions relating to strata titling may be an expedient way of dealing with the inadequacies of the current law, but any such provisions will need to be revised following the introduction of the Real Estate Law.
It is anticipated that the section of the Real Estate Law dealing with strata will clarify the position in relation to the strata titling of units and the management of common areas.
Escrow Unlike Dubai, Abu Dhabi currently has no escrow law. Monies from the sale of units at the project are paid into that trust account.
According to Wikipedia, at the end of , % of the identified official foreign exchange reserves were held in United States grupobittia.comore, total dollar reserves at the beginning of were about $4, billion (% of $6, billion). However that is not the end of the story, as we still need to account for stabilization funds or . Aug 09, · UAE. The first account under Law No 8 of has become operational. Investor payments in Al Manal Development’s new La Vista Residence project at Dubai Silicon Oasis are being banked with Badr Al Islami, the Islamic banking division of Mashreq in the first property trust management account to be opened in Dubai. Aug 18, · Escrow account contact person is Mr. Ahmed Murad Khan, senior officer customer trust management, tel , mobile , email ahmedmk AT badralislami DOT com.
The trust account is opened in the name of the project and is to be used only for the purposes of developing that project. It is anticipated that the Real Estate Law will clarify the Civil Code position and protect financiers, whilst also giving greater clarity to borrowers.
Titles and permits It is expected that the Real Estate Law will contain provisions to ensure that developers have acquired title to the land and the necessary permits for development before selling to the public, in order to protect the interests of real estate investors.
Laws regulating the Land Registration Department The Executive Council has announced that the Real Estate Law will also cover the development of a property management database, the standardisation of building codes and the introduction of new building safety codes.
Conclusion It is likely that will welcome a number of real estate laws which will introduce greater certainty to the legal regime governing real estate development, investment and financing in Abu Dhabi.
In the meantime, those involved in property transactions should ensure that they review their position in light of the existing laws and ensure that they maintain flexibility as the law evolves. In all circumstances, the necessary legal and technical advice should be obtained.Our attorneys can provide legal and strategic advice on all forms of commercial and business litigation across UAE in matters involving disputes arising out of contracts, breach of trust, criminal law .
HLB Hamt is well renowned audit and accounting firm in Dubai, UAE providing accounting,advisory and company incorporation services to clients across the globe. KM Properties, a branch of KM Holding group has confirmed that it has registered with the Dubai Land Department under the new property law that requires developers to register for Escrow accounts.
Law no. 8 this year requires that developers set up an escrow or trust account with a Land Departmen. Escrow Account – a law that protects the investors Since the government of Dubai has implemented the Escrow Account Law (DL No.8 of ), .
Furthermore, the trust account law (Law 8 of ) protects buyers by requiring developers selling off-plan units to be registered with the Real Estate Regulatory Agency (RERA), and to deposit all amounts paid by purchasers into an escrow account with an escrow agent accredited by the DLD.
trust and happiness Mission: To create an innovative and Integrated real estate legislation.
4 Escrow Account Services Request to Activate an Escrow Account 5 Request for Transfer of Escrow Account 6 Request to Receive a Payment from the The developer must provide an undertaking to apply Law No. (13) of , as amended, to all.