RSSThe Jointly Owned Property Law Implementing Regulations for Dubai are released as Guidelines
On 10th December 2007, Law No. (27) of 2007 on Ownership of Jointly Owned Properties in the Emirate of Dubai was issued laying the foundations of a “Strata” form of property ownership in Dubai.
The Jointly Owned Property Law contemplated the passing of further rules and regulations providing more detail on how the property ownership scheme would be implemented and operate. These rules and regulations were termed the “Implementing Regulations”.
The Implementing Regulations (excluding the Survey Directions) have now been published as “Directions”, effective from 13th April 2010.
What Regulations make up the Implementing Regulations?
The Implementing Regulations are made up of the following:
•The Direction for General Regulation (“General Regulation”) which sets out:
- A developer disclosure regime ensuring developers disclose relevant aspects of their developments to purchasers
- Regulation of financial obligations as between developers and Owners Associations
- Consumer protections in the form of regulation of the entering into of, the term of, and the content of any agreements with a term over 1 year (“Supply Agreements”)
- A Community Rules enforcement procedure
- The licensing and registration of Owners Associations
- The appointment of a statutory administrator in appropriate cases
• The Direction for Jointly Owned Property Declarations (“Jointly Owned Property Declaration Regulation”). This regulation sets out the content required for a Jointly Owned Property Declaration. A Jointly Owned Property Declaration is the principal memorandum filed with the Land Department setting out operational and land titles information in relation to any development. The content of Jointly Owned Property Declarations is discussed briefly below.
• The Direction concerning the licensing of surveyors and preparation of survey plans (“Survey Direction”) which is yet to be published but is understood to set out:
- The requirements for the accreditation and registration of surveyors
- The duties of registered surveyors
- Suspensions and cancellations of surveyors
