Roads and Transport Authority has been working round the clock to carry out maintenance work
The Law forms part a regulatory framework designed to boost competitiveness and enhance investment in the real estate sector and ensure the rights of all parties are protected. The issuance of the Law follows directives issued by His Highness to form the Higher Committee of Real Estate Planning in Dubai, chaired by Deputy Ruler of Dubai HH Sheikh Maktoum bin Mohammed bin Rashid Al Maktoum, and the issue of Law No. (4) of 2019 pertaining to the Real Estate Regulatory Authority (RERA) of the Land Department.
According to Law No. (6) of 2019, the Land Department will prepare a register for jointly owned real estate properties. This will feature all information related to the land owned by developers and real estate units meant for independent ownership. The register will also feature names of owners, members of the committee of owners, and the building management chart outlining maintenance procedures in common areas created according to the laws and regulations of the Land Department.
All details regarding contracts related to the management of jointly owned real estate development or the common areas and the areas owned by the developer of the project should be registered. The Land Department is responsible for issuing ownership certificates and documents related to individual units in jointly owned real estate properties as per the terms and conditions of Law No. (7) of 2006 pertaining to real estate registration in Dubai.
According to Law No. (6) of 2019, the developer is required to submit all necessary documents of the jointly owned real estate project to the Land Department within 60 days of the completion date and receipt of completion certificate. The Department can extend the deadline for this by 30 days. If the documents are not submitted, the Department can request the documents from any other party. In this case, the Department will charge the developer all related fees and expenses.
Common areas and amenities in the building are clearly defined in the Law, which regulates the ownership of developer-owned areas. The developer should allocate parking space for owners of the unit, which cannot be sold separately.
According to the law, jointly owned real estate properties are divided into three categories for the purpose of management of common areas:
The Law also obliges the real estate developer to put in place a building management system for mega projects and hotel projects managed by them. The system should be approved by RERA before any legal transactions are made for these projects.
The owners committees for the first and third categories should not include more than nine members selected by RERA, and should be established when 10 per cent of the joint real estate units are registered.
According to the law, the facility management company cannot charge fees for operating or maintaining common facilities unless it receives an approval from RERA.
According to the Law, RERA CEO can appoint another facility management company in case the developer or the management company fails to ensure proper maintenance of the common areas.
For projects in the third category, RERA can appoint another facility management firm to oversee the common areas of the jointly owned real estate project.
The developer is responsible for any damage to the structure of the jointly owned real estate property occurring within a period of 10 years, starting from the date of issuance of the completion certificate. The developer is responsible for replacing and repairing any faulty items in the individual units within a period of one year from the date of delivering the unit to the owner. In case the owner refuses to take possession of the finished unit for any reason, this period will be calculated from the date of issuance of the completion certificate.
The facility management is tasked with obtaining insurance coverage for the jointly owned real estate project.
This Law annuls Law No. (27) of 2007 pertaining to the joint ownership of real estate in Dubai and any other law that contradicts it. The clauses and regulations of Law No. (27) of 2007 will continue to be in effect till the issuance of new regulations of Law No. (6) of 2019, unless it contradicts it.
The Law is effective within 60 days of its publication in the Official Gazette.
Roads and Transport Authority has been working round the clock to carry out maintenance work
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