أسئلة وأجوبة
Do we need Ejari for our branch office rented space if we have Ejari for the main branch?
We are a general trading company based in Dubai, and we are considering renting a space in the city for a retail point to sell food and beverage products.
However, the landlord of the intended retail space is not willing to provide an Ejari contract.
We would like to inquire whether, under Dubai law, we can operate a retail business without an Ejari contract for the rented space.
Additionally, our company already has an office in Dubai with a registered Ejari contract.
Would it be possible to use this existing Ejari contract to obtain the necessary approvals for retail activities in the new rental space?
Greetings,
In Dubai, an Ejari contract is generally required to obtain business licenses and approvals for commercial activities, including retail operations.
If the landlord is unwilling to provide an Ejari contract for the retail space, this could create challenges in securing the necessary trade permits.
Regarding your existing Ejari contract for your office, it may not be sufficient to cover retail activities at a different location, as licensing authorities typically require a lease registered under Ejari for each operational site.
To explore alternative solutions and ensure compliance with Dubai regulations, we recommend booking a consultation with Future Vision for Advocacy and Legal Consultancy or engaging our office to assist with your legal requirements.
Best regards.
Dear Sir/Madam,
Thank you for your inquiry regarding the legal requirements for operating a retail business in Dubai and the use of an existing Ejari contract for approval.
Below is a professional response addressing your concerns:
1. Operating a Retail Business Without an Ejari Contract
Under Dubai law, Ejari registration is mandatory for all tenancy contracts, including those for commercial properties such as retail spaces. This requirement serves several purposes:
- Legal Compliance: Ejari registration ensures that your tenancy agreement is recognized by the government and complies with Dubai’s rental regulations.
- Business Licensing: For retail businesses, the Dubai Department of Economic Development (DED) or other relevant authorities typically require an Ejari certificate specific to the rented retail space as part of the trade license application or renewal process.
- Access to Utilities and Services: Without Ejari, you may face challenges in obtaining utilities (e.g., DEWA) or other services required to operate your retail business.
Operating a retail business without an Ejari contract for the rented space is not advisable, as it may lead to legal complications and difficulties in obtaining necessary approvals.
2. Using Your Existing Office Ejari for Retail Activities
Unfortunately, it is not possible to use your existing Ejari contract for your office space to obtain approvals for retail activities in a separate rental location. Here’s why:
- Location-Specific Requirement: Ejari registration is tied to specific properties and their intended use. Each rented property requires its own Ejari registration.
- Separate Licensing Needs: Retail activities typically require a trade license associated with the specific premises where the business will operate. Authorities will request an Ejari certificate specific to the retail location during the licensing process.
3. Recommendations
To ensure compliance with Dubai regulations and avoid potential issues:
1. Request the Landlord to Provide an Ejari Contract:
- Inform the landlord that Ejari registration is mandatory under Dubai law for commercial properties.
- Highlight that without Ejari, you may be unable to legally operate your retail business or obtain necessary approvals.
2. Seek Alternative Spaces if Necessary:
- If the landlord remains unwilling to provide an Ejari contract, consider renting a different space where the landlord complies with Ejari requirements.
3. Consult Legal or Business Advisory Services:
- If you face challenges with the landlord or require further clarification on licensing requirements, consult a legal professional or business advisory service specializing in Dubai commercial regulations.
Conclusion
To operate a retail business in Dubai, it is essential to have an Ejari contract specific to the rented retail space.
Using an existing Ejari office for approvals related to a separate location is not permitted under Dubai law.
We recommend ensuring that your tenancy agreement for the retail space is registered through Ejari to comply with regulations and protect your business interests.
Should you require further assistance or clarification, please do not hesitate to reach out.
Best regards,
ABDUL WAHIED
Hello,
Under Dubai law, it is generally a requirement for any commercial property lease to be registered with Ejari, which is the official electronic tenancy contract system in Dubai.
The Ejari system is a legal requirement for businesses to conduct certain activities, especially those that require government approvals, like opening a retail space for food and beverage sales.
It is established, in accordance with the instructions, regulations, and laws, that all companies are required to comply with these systems by obtaining all necessary permits from the relevant government authorities and adhering to the prescribed standards.
This includes providing the required documents to continue the company’s operations, such as obtaining a lease contract that includes the address of the business activity, and ensuring that this information matches the reality.
This is to avoid legal accountability or the imposition of fines in case of non-compliance with the instructions.
You cannot use your existing office Ejari contract to obtain approvals for a separate retail space.
Each rental property requires its own Ejari contract, which accurately reflects the property's address and the purpose of the tenancy. The Ejari is location-specific.
Hello!
You will likely need to work with the landlord to secure an Ejari contract for the new location in order to proceed with your retail business and obtain the necessary permits and approvals.
While your existing Ejari contract for the office may be useful for other business-related activities, it cannot typically be used for retail operations in a separate rented space.
Kindly share your contact details or reach out by phone for further understanding of the matter and determine the best way forward.
Dear Y.,
Thank you for your inquiry regarding the requirements for operating a retail business in Dubai without an Ejari contract for your intended retail space.
1. Can We Operate a Retail Business Without an Ejari Contract?
Under Dubai law, an Ejari contract is a legal requirement for registering any tenancy agreement in Dubai.
Ejari is an official system implemented by the Real Estate Regulatory Agency (RERA) to ensure that all rental agreements are formally documented and registered. This is essential for both landlords and tenants as it provides legal protection.
For any business activity, including a retail operation selling food and beverages, it is mandatory to have a valid Ejari contract for the rented space.
Without the Ejari contract, you will likely face difficulties in obtaining necessary business licenses and approvals from government authorities, including the Department of Economic Development (DED) and other relevant entities.
2. Can We Use Our Existing Ejari Contract for the New Retail Space?
While your company already has an office with a registered Ejari contract, the existing Ejari contract cannot be used for the new retail space.
Each tenancy agreement is specific to the property it covers, and you will need a separate Ejari contract for the new retail space where the food and beverage operations will be located.
In order to operate legally from the new retail location, the first step is to ensure that the landlord provides a valid Ejari contract for that space.
Without it, you will not be able to proceed with registering the tenancy with the authorities, which is necessary to obtain trade licenses and other regulatory approvals.
3. What Should You Do Next?
Request the Landlord to Provide an Ejari Contract: As the Ejari contract is required by law, it is essential that the landlord provides one.
You may want to discuss the matter with them again and explain that it is necessary to obtain legal approvals to operate the retail business.
Obtain the Ejari Contract: Once the Ejari contract is registered for the new retail space, you can then proceed with obtaining the necessary licenses and approvals to operate your retail business, including approval from the DED, Dubai Municipality (for food and beverage regulations), and any other relevant authorities.
Please feel free to reach out if you need any further assistance in drafting communications with the landlord or navigating the licensing process.
I am here to help you ensure compliance with all legal requirements for your retail business.
Best regards,
Mohammed Salah
Legal Consultant
Thank you for reaching out with your inquiry. In Dubai, an Ejari contract is a fundamental requirement for most business activities, especially those requiring approvals from authorities such as Dubai Municipality (DM), the Department of Economy and Tourism (DET), and the Dubai Land Department (DLD).
Operating a retail business without an Ejari contract for the rented space can pose significant challenges, as it is typically required for obtaining trade licenses, permits, and utility connections.
While your company has an existing Ejari contract for your office, its validity for retail licensing depends on several factors, including the zoning regulations and specific requirements of the licensing authority.
To ensure full compliance and avoid potential legal complications, I strongly recommend a detailed review of your lease arrangement and potential alternatives.
I have successfully assisted businesses in navigating such regulatory challenges, and I can guide you on the best course of action.
Feel free to reach out to me via WhatsApp or phone to discuss your case further and explore the most viable solutions for your business.
Best regards,
Suhail Rana