fe Decree No. (4) of 2010Regulating the Grant of Title toAllotted Industrial and CommercialLand in the Emirate of Dubai
115

Decree No. (4) of 2010 Regulating the Grant of Title to Allotted Industrial and Commercial Land in the Emirate of Dubai

We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of:

Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai;

The Instructions issued on 20 September 1994 Concerning Land Allotted by the Government to UAE Nationals in the Emirate of Dubai;

The Order issued on 20 September 1994 Prohibiting Notaries Public from Attesting any Contract, Agreement, or Deed Relating to Disposition of Allotted Land; and

The Order issued on 12 July 2004 Concerning Land Allotted to UAE Nationals for Housing Development in the Emirate of Dubai,

Do hereby issue this Decree.

 

Article (1) Definitions

The following words and expressions, wherever mentioned in this Decree, will have the meaning indicated opposite each of them unless the context implies otherwise:

Emirate: The Emirate of Dubai.

Government: The Government of Dubai.

Department: The Land Department.

Allotted Land: Land for industrial or commercial use whose usufruct right is conferred upon UAE nationals, including:

  1. Land subject to an order of disposition; and
  2. Allotted Land which is transferred to third parties by way of succession, assignment, donation, or in return for consideration.

Beneficiary: A UAE national to whom land is allotted.

Article (2) Grant of Title of Allotted Land

 Title to Allotted Land may be granted to the Beneficiary, upon his request, on a freehold basis and without any restriction on its use, exploitation, or disposition.

Article (3) Procedures for Grant of Title of Allotted Land

Transfer of ownership of Allotted Land to the Beneficiary will be effected in accordance with the following procedure:

  1. The Beneficiary submits to the Department an application for grant of title to the Allocated Land. The Department considers the application in coordination with other concerned entities in the Emirate where required and makes the appropriate decision in this regard.
  1. The Department follows the procedure for the grant of title to the Allotted Land to the Beneficiary, registers the land in his name in the Property Register, and issues the title deed upon payment by the Beneficiary of the transfer of ownership fee prescribed in this Decree.

Article (4) Fees for Grant of Title

The Beneficiary who desires the transfer of ownership of industrial or commercial land into his name will pay a transfer of ownership fee of thirty percent (30%) of the market value of the land as determined by the Department at the time of ownership transfer.

Article (5) Grant of Title to Persons in Possession of Allotted Land

  1. Notwithstanding any other provision in any other legislation, the occupier of Allocated Land which has been transferred to him by a Beneficiary by way of sale may request that title to the Allocated Land be granted to him on a freehold basis and without any restriction on its use or exploitation.
  2. The Department will grant title to the Allotted Land to the occupier of the Allotted Land upon reviewing his request, ensuring that the land is legally transferable to him, and ensuring that he has paid the ownership transfer fee of fifty percent (50%) of the market value of the land.

Article (6) Issuing Implementing Resolutions

The Director General of the Department will issue the instructions required for the implementation of the provisions of this Decree.

Article (7) Repeals

Any provision in any other legislation will be repealed to the extent that it contradicts the provisions of this Decree.

Article (8) Commencement and Publication

This Decree comes into force on the day on which it is issued and will be published in the Official Gazette.

 

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

 

Issued in Dubai on 2 March 2010

Corresponding to 16 Rabi al-Awwal 1431 A.H.

Register your interest

6 + 2 =
error: Content is protected !!