Mohammed bin Rashid issues a decree regulating the disposal of lands and housing granted in Dubai

His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister, in his capacity as Ruler of the Emirate of Dubai, issued Decree No. (1) of 2018 regulating the disposal of lands and housing granted in the Emirate of Dubai, with the aim of finding housing solutions for the beneficiaries and their family members that suit their living needs and contribute In maintaining family cohesion among them, taking into account the preservation of the structure of the population structure in residential areas Citizens.

The decree specifies the conditions for selling a home or residential land granted by the Dubai government, where the Mohammed bin Rashid Housing Establishment may, upon the request of the beneficiary or his legal representative, authorize him to sell the home or sell the land granted as space or occupied by a building, whether this building is self-financing. Or with a loan from the institution, provided that the beneficiary has land or other housing, whether a grant or property, or that the housing granted does not meet his needs and the needs of his family, Given the number of his family members and the area of ​​the housing granted, the fulfillment of this condition is verified through a case study conducted by the Mohammed bin Rashid Housing Establishment.

The decree also stipulated that the purpose of the beneficiary’s sale of the granted home or land be to purchase residential land or another home, provided that the sale in this case is made in accordance with the controls approved by the Mohammed bin Rashid Housing Establishment in this regard, and that the beneficiary agrees in writing that the institution undertake supervision. To implement the housing solutions for which the sale of the granted land or housing was approved, including placing the sale price at its disposal, and for the beneficiary to undertake in writing not to Requesting the organization to grant him a house or land if the sale is completed.

Among the conditions for selling the granted home or land are that the buyer must hold UAE nationality, that there be no legal impediments or third party rights that prevent the sale from being completed, and that the sale price must not be less than the market value estimated by the Land Department on the date of transfer of ownership. All amounts owed to the Mohammed bin Rashid Housing Establishment shall be paid by the beneficiary, if any, and the Land Department shall issue a certificate of ownership to the buyer after the completion of the sale process.

The beneficiary’s heirs

The decree authorized the Mohammed bin Rashid Housing Establishment, based on the request of the beneficiary’s heirs or their legal representatives, to authorize them to move out among themselves, or to sell the land granted to their heir, whether it was vacant or occupied by a building, according to a number of conditions, including: that the beneficiary’s heirs have land or housing. Another, grant or property, and that the housing granted to their legatees does not meet their actual need, given their number and area. The housing granted, the fulfillment of this condition is verified through a case study conducted by the organization.

The decree also stipulated that the buyer must hold the citizenship of the UAE, that there should be no legal impediments or rights of third parties that prevent the completion of the exit or sale process, and that the sale price should not be less than the market value estimated by the Land Department on the date of transfer of ownership. It also stipulated that all amounts due be paid. Or the deferred entitlement to the Mohammed bin Rashid Housing Establishment at the expense of their inheritor beneficiary, if any, and that none of the beneficiary’s heirs shall suffer any harm as a result of the sale. In particular, the elderly, minors, unmarried women, people with disabilities, and widows. The Land Department is responsible for issuing a certificate of ownership to the transferee or buyer after completing the exit or sale process.

Swap

The decree also authorized Dubai Municipality, upon the request of the beneficiary or his legal representative, to authorize him to exchange vacant lands or on which construction is built, according to a number of conditions, including: that the two beneficiaries provide proof of their agreement on the exchange, and that the beneficiary undertakes in writing not to ask the municipality for any differences as a result of this. The exchange, and the purpose of the exchange should be to solve a housing problem that would benefit both or one of the beneficiaries. The fulfillment of this condition is verified through a case study conducted by Dubai Municipality, in accordance with the controls approved by it in this regard, and that there are no legal impediments or rights of third parties that prevent the completion of the exchange process.

Replacing government land with granted land

Dubai Municipality may, upon the request of the beneficiary or his legal representative, replace residential land owned by the government with land granted to him, provided that the purpose of the replacement is to solve a housing problem that will benefit the beneficiary and his family, and the fulfillment of this condition is verified through a case study it conducts. Dubai Municipality, in accordance with its approved controls in this regard.
The decree also requires, for the purposes of completing the replacement process, that the granted land that is requested to be replaced must be devoid of any building or unsuitable for building on it for natural, planning, or other reasons, and that the municipality must have vacant government residential land that is not allocated to public services or to another beneficiary, and that there should not be Legal impediments or third-party rights that prevent the replacement process from being completed, and the beneficiary must pledge in writing not to demand any amounts if the value of the land is The granted land is higher than the value of the government land being replaced, and the government land being replaced should be registered if the replacement is completed as granted land.
Purchasing supplements to adjacent government lands

According to the decree, Dubai Municipality may, upon the request of the beneficiary or his legal representative, approve a request to purchase supplements to government-owned lands adjacent to the granted land or the granted housing, according to several conditions: The part complementary to the granted land or housing to be purchased must be adjacent to the land or the housing. It is not suitable for use for public services or is not allocated for residential purposes, and the land that is being allocated must be annexed Purchased in accordance with the provisions of the decree to the land or housing granted and registered as a grant, provided that the sale of additional government lands adjacent to the beneficiary requesting the purchase does not result in harm to another beneficiary, and that there are no legal impediments or rights of third parties that prevent the completion of the purchase process.
The decree required obtaining the approval of the Mohammed bin Rashid Housing Establishment for the purchase of additional government land adjacent to the granted housing, and that the beneficiary pay to Dubai Municipality the market value of the additional government land adjacent to the property to be purchased.

Renting the residence built on the granted land

The decree authorized the Mohammed bin Rashid Housing Establishment to authorize the beneficiary to rent the housing constructed on the granted land, in accordance with the conditions approved by the Foundation’s Board of Directors in this regard, after paying the prescribed fee. The lease contract concluded in contravention of the leasing terms approved by the Council shall be considered invalid, and it shall be for the Foundation and in coordination with With the relevant authorities, take all necessary procedures and measures to evacuate the residence.
Action procedures

According to the decree, the granted lands and housing will be disposed of according to specific procedures, including: Submitting an application to the Mohammed bin Rashid Housing Establishment or Dubai Municipality, according to the form prepared by them for this purpose, supported by the required documents, provided that they study the application and verify the availability of the conditions stipulated in this. The decree and decisions issued pursuant thereto, and the controls adopted in this regard.
The Board of Directors of the Mohammed Bin Rashid Housing Establishment, or the Director General of Dubai Municipality, each within its field of competence, shall approve the dispositions determined pursuant to this decree, and the corporation or municipality shall deduct the fees determined pursuant to this decree and the amounts due to either of them from the prices and allowances for the dispositions determined pursuant to its provisions, in accordance with the mechanism. approved by them in this regard.
All concerned authorities in Dubai, each within the limits of its jurisdiction, must provide the necessary support to the corporation or municipality, to enable them to carry out their tasks established in accordance with this decree, and to take the necessary measures to implement the decisions issued in implementation of its provisions.

Any interested party may submit a written grievance to the Board of Directors of the Mohammed Bin Rashid Housing Establishment, or the Director General of Dubai Municipality, as the case may be, regarding the decisions or actions taken against him under this decree, within 15 days from the date of his notification of the grievanced decision or action, and this grievance will be decided upon. Within 30 days from the date of its submission by a committee formed by the Board of Directors or the General Director, the decision issued regarding the grievance will be final.
The Board of Directors of the Mohammed Bin Rashid Housing Establishment and the Director-General of Dubai Municipality, each within the limits of their jurisdiction, shall issue the necessary decisions to implement the provisions of this decree, and they shall be published in the Official Gazette of the Government of Dubai.
Any text in any other legislation shall be repealed to the extent that it conflicts with the provisions of this decree. It shall be published in the Official Gazette and shall be effective from the date of its publication.