fe Executive Council Resolution No. (30)of 2013Approving Fees of the Land Department
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Executive Council Resolution No. (30) of 2013 Approving Fees of the Land Department

Executive Council Resolution No. (30) of 2013 Approving Fees of the Land Department

We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai, Chairman of the Executive Council,

After perusal of:

Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;

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

Law No. (27) of 2007 Concerning Ownership of Jointly Owned Real Property in the Emirate of Dubai;

Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai and its amendments;

Law No. (14) of 2009 Concerning the Pricing of Government Services in the Emirate of Dubai;

Law No. (35) of 2009 Concerning Management of the Public Funds of the Government of Dubai and its amendments;

Law No. (7) of 2013 Concerning the Land Department;

Decree No. (4) of 2010 Regulating Grant of Title of Land Allocated for Industrial and Commercial Use in the Emirate of Dubai; and

Executive Council Resolution No. (24) of 2006 Approving Charges for Certain Real Property Transactions in the Emirate of Dubai,

Do hereby issue this Resolution.

 

© 2014 The Government of Dubai Legal Affairs Department (1) Every effort has been made to produce an accurate and complete English version of this legislation. However, for the purpose of its interpretation and application, reference must be made to the original Arabic text. In case of conflict the Arabic text will prevail.

 

Article (1) Definitions

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

Emirate: The Emirate of Dubai.

Department: The Land Department.

Fee: The amounts and percentages charged pursuant to this Resolution for the registration of Real Property Dispositions and for the services provided by the Department.

Real Property Register: The real property register and the interim real property register in which real property dispositions are registered.

Real Property Disposition: Any legal disposition pursuant to which the ownership or possession of real property is transferred. This includes, without limitation, contracts transferring usufruct rights or long-term lease rights provided for by the above mentioned Law No. (7) of 2006, and rent-to-own contracts.

Article (2) Approval of Fees

By virtue of this Resolution, the Fees for registration of Real Property Dispositions in the Real Property Register, including those related to completed, under-construction, or offplan real property, as well as the Fees for services provided by the Department, as set out in Table (1) attached hereto, are approved.

Article (3) Fee Payment Rules

When paying the Fees prescribed by Article (2) of this Resolution, the following will apply:

  1. Unless agreed otherwise, the Fee for the sale of real property will be shared equally by the seller and purchaser;
  1. Unless agreed otherwise, the Fee for registering a usufruct or long-term lease right provided for by the above-mentioned Law No. (7) of 2006 will be paid by collection of two percent (2%) of the value of the real property from the owner, landlord, or holder of a usufruct right, and collection of two percent (2%) of the value of the real property from the tenant or holder of the usufruct right;
  1. Unless agreed otherwise, the Fee for registering a rent-to-own contract will be paid by collection of two percent (2%) of the value of the real property from the landlord, and collection from the tenant of two percent (2%) of the value of the real property plus a quarter of a percent (0.25%) of the value of the amount financed;
  1. The Fees for registering the subdivision of co-owned real estate will be paid by the co-owners in proportion to their respective shares prior to the subdivision;
  1. Unless agreed otherwise, the Fees for registering contracts for the use and development of the land of another person (Musataha), contracts transferring the share of real property belonging to an heir to the other heirs (Takharuj), gifts, wills, mortgages, debt conversions, family endowments (Family Waqf), and registering the rights of the heirs of tenants, will be paid by the person to whom the rights are transferred; and
  1. Fees for dispositions other than those stipulated in paragraphs (1), (2), (3), (4), and (5) of this Article will be paid by the applicant.

Article (4) Fee Assessment

For the purpose of calculating the Fees payable under this Resolution, the Department will:

  1. Verify the value of the real property in respect of which the Real Property Disposition is made; and
  1. Assess the value of the real property and Real Property Dispositions where such value is undetermined, where it is established that the value stated in the disposition contract is less than the market value, or where false information or data is submitted with respect to these real property and Real Property Dispositions.

Article (5) Evasion of Fees

The following acts will be considered evasion of Fees:

  1. Providing false information about the value of a Real Property Disposition;
  2. Acting in a fraudulent manner or using any means whatsoever to evade the payment of Fees; or
  3. Performing any other act with a view to evading the payment of Fees.

Article (6) Fines

  1. Without prejudice to any stricter penalty stipulated in any other legislation, a person who commits any of the acts provided for in Article (5) of this Resolution will be punished by a fine of double the prescribed Fee.
  2. Any real property developer or real estate broker who assists any person under obligation to pay Fees in evading the payment of such Fees will be punished by the same penalty stipulated in paragraph (a) of this Article.

Article (7) Law Enforcement Officers

Employees of the Department determined pursuant to a resolution of the Director General, in coordination with the Director General of the Government of Dubai Legal Affairs Department, will have the capacity of law enforcement officers to record the acts committed in breach of the provisions of this Resolution and the resolutions issued in pursuance thereof. For this purpose, they may issue the violation reports required in this regard.

Article (8) Grievances

Any affected party may submit a written grievance to the Director General against any decision or measure taken against him under this Resolution. The grievance will be determined, within thirty (30) days from the date of submission of the grievance, by a committee formed by the Director General for this purpose, and the decision on the grievance will be final.

Article (9) Payment of Fees and Fines

The Fees and fines collected by virtue of this Resolution will be paid to the Public Treasury of the Government of Dubai.

Article (10) Issuing Implementing Resolutions

The Director General will issue the resolutions required for the implementation of the provisions of this Resolution.

Article (11) Publication and Commencement

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.

 

Hamdan bin Mohammed bin Rashid Al Maktoum

Crown Prince of Dubai

Chairman of the Executive Council

 

Issued in Dubai on 18 September 2013

Corresponding to 13 Thu al-Qidah 1434 A.H.

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