Laws & Regulations

Dubai, UAE

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

 

Preamble

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. (13) of 2008 has been amended by:
Law No. (9) of 2009 dated 12/04/2009, and
Executive Council Resolution No. (6) of 2010 dated 14/02/2010

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.

 

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;

2) 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;

3) 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;

4) 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;

5) 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

6) 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

2) 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

a. 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.

b. 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.

 

 

Table of Fees for Registration of Real Property Dispositions and Fees for Services Provided by the Land Department

No. Description Fee
1 Registering a real property sale contract 4% of the value of the sale contract
2 Registering a warehouse sale contract AED 10 per square meter of the plot on which the warehouse is constructed, provided that the Fee will not be less than AED 10,000
3 Grant of title of land allocated for industrial or commercial use to the beneficiary 30% of the market value of the land
4 Grant of title of land allocated for industrial or commercial use to the possessor 50% of the market value of the land
5 Registering a gift of real property 0.125% of the value of the real property given as a gift, provided that the Fee will not be less than AED 2,000
6 Registering a rent-to-own contract 4.25% (being 4% of the value of the real property, and 0.25% of the total value of the rent-to-own contract)
7 Amending the registration of a rent-to-own contract AED 1,000
8 Application for transferring the ownership of real property from one financier to another in a rent-to-own contract 0.25% of the total value of the rent-to-own contract
9 Marking an entry in the real property’s folio in the register to indicate that a rent-to-own contract is terminated AED 1,000
10 Registering a mortgage contract 0.25% of the mortgage (debt) value
11 Variation of the details of a mortgage AED 1,000
12 Transferring a mortgage 0.25% of the mortgage (debt) value
13 Discharging a mortgage AED 1,000
14 Registering a long-term lease contract 4% of the total value of the lease contract
15 Amending the registration of a long-term lease contract AED 1,000
16 Registering a usufruct right 2% of the real property value
17 Registering a contract for the use and development of the land of another person (Musataha) 1% of the consideration paid for the Musataha contract
18 Amending the registration of a contract for the use and development of the land of another person (Musataha) AED 1,000
19 Transferring a contract for the use and development of the land of another person (Musataha) 1% of the consideration paid for the Musataha contract
20 Terminating a contract for the use and development of the land of another person (Musataha) AED 1,000
21 Supervising the sale of real property by public auction 1% of the auction value, provided that the Fee will not exceed AED 30,000
22 Issuing title deed of real property AED 250
23 Holding an electronic public auction AED 10,000
24 Licensing a public auction outside the Department AED 10,000
25 Issuing a replacement for a lost or damaged title deed or possession certificate of real property AED 1,000
26 Registering land given as a gift AED 500
27 Registering the ownership of real property in the name of heirs AED 1,000 for each inherited real property
28 Registration of a family endowment (family Waqf) AED 2,000 for each real property
29 Transferring the share of real property belonging to an heir to the other heirs (Takharuj) 1% of the value of the real property subject to the transfer (Takharuj)
30 Subdividing a co-owned real property between co-owners 1% of the value of the real property subject to subdivision
31 Issuing a ‘To Whom It May Concern’ Certificate AED 50
32 Confirming the ownership of real property AED 5,000
33 Registering a will 0.125% of the value of the real property, which is the subject matter of the will
34 Valuating vacant land AED 2,000
35 Valuating land allocated for a real property project AED 10,000
36 Valuating agricultural land AED 6,000
37 Valuating a real property unit (exclusive of the land) AED 4,000
38 Valuating land on which a hotel is constructed AED 15,000
39 Valuating land on which a villa, compound, or a commercial building is constructed AED 6,000
40 Valuating land on which a residential villa is constructed AED 4,000
41 Determining the location of a site AED 200
42 Issuing a replacement for a lost or damaged contract or a Real Property Disposition certificate AED 250
43 Converting a lease contract with a term of less than ninety-nine (99) years, which is executed prior to the effective date of this Resolution, into a freehold contract 1% of the value of the real property
44 Issuing a usufruct certificate AED 250
45 Cancelling a Real Property Disposition AED 1,000
46 Marking an entry in the Real Property’s folio in the register (other than in relation to a mortgage) AED 100
47 Registering a lease finance contract of real property in the name of the financer 0.25% of the value of the real property
48 Amending or removing an entry in the real property’s folio in the register AED 1,000
49 Authorising the cancellation of registration of a real property unit sale contract AED 500
50 Effecting a real property settlement AED 3,000
51 Amalgamating or separating real property AED 500
52 Amending an entry in the Interim Real Property Register AED 250 per unit
53 Approving the plan of a plot, real property unit, villa and its appurtenances AED 50
54 Approving the plan of common areas of land AED 250
55 Approving a plan of common areas in a building AED 350
56 Approving a building plan AED 500
57 Approving a 3D plan of common areas in a building AED 500
58 Approving a volumetric 3D plan (BMS) AED 1,000
59 Applying for a real property unit survey AED 3,000
60 Issuing a land map AED 100
61 Surveying a business centre AED 2,000
62 Issuing a villa/ real property unit plan AED 250
63 Issuing a plan of common areas in real property AED 3,000
64 Issuing a 3D building plan AED 5,000
65 Issuing a plan of common areas in a building AED 5,000
66 Issuing a building plan AED 2,500
67 Issuing a 3D plan of common areas in a building AED 5,000
68 Issuing a plan of common areas (component plan) AED 5,000
69 Issuing a map of an Island AED 450
70 Issuing a land map and conducting a field survey AED 500
71 Issuing a villa/real property unit plan and conducting a field survey AED 600
72 Issuing a plan of common areas of land and conducting a field survey AED 5,000
73 Issuing a building plan and conducting a 2D survey AED 3,000
74 Issuing a plan of common areas (component plan) and conducting a field survey AED 5,000
75 Issuing a map of an island and conducting a field survey AED 3,000
76 Training a real property registrar AED 2,500
77 Changing the time of a training course AED 500
78 Issuing a report on a real property investment project AED 500
79 Attending at the client’s premises upon request to process a real property transaction AED 2,000
80 Processing an urgent Real Property Disposition transaction AED 5,000
81 Subscription to a housing programme AED 400
82 Subscription to the Tayseer Programme AED 10,000
83 Subscription to a project in the Tayseer Programme AED 10,000
84 Subscription of a real property developer in the Tanmia Programme AED 1,000
85 Subscription to the Real Property Investment Plan of the Emirate of Dubai AED 500
86 Subscription of a real estate developer in the Real Property Investment Plan of the Emirate of Dubai AED 5,000
87 Subscription to real property sustainability standards AED 10,000

 

 

Was this content helpful?
Search for article
Search by word
Are you a lawyer?
Be found. Register with us and get new leads every day.
Register
Looking for something else?
Ask for advice from a lawyer
It’s free and anonymous
No registration needed
Ask a lawyer