UAE is undoubtedly a widely sought global business destination with numerous benefits to offer. Since the real estate sector contributes significantly to the growth, having a property in the UAE offers you myriad opportunities, including a long-term UAE visa. At this juncture, an important question arises – can we transfer property in UAE, and if yes, what’s the legal process relating to the same?
In this article, we are going to discuss the process to transfer a property in the UAE with the help of our best property lawyers of UAE.
Legal provisions surrounding property in UAE
As suggested by our top property lawyers of UAE, it is important to understand the basic legal provisions applicable to the properties before jumping on to the procedure. The Federal Law No. (5) of 1985 (UAE Civil Code) is the principal legislation that deals with all property-related matters. In addition to this, all the Emirates have their local land laws in consonance with the Federal Law.
Type of real estate
In the opinion of our top property lawyers of Dubai, there are 3 types of real estate that are recognized in the country.
- Freehold
It refers to the permanent ownership over land for an unlimited period. In UAE, certain areas are designated as freeholds.
- Usufruct
It refers to the right to use and enjoy the property for a limited period provided that the property doesn’t undergo any change during that period.
- Musataha
It refers to the right to undertake construction on land for a term not exceeding 50 years. The new construction shall be owned by the holder of the Musataha right and he shall possess the right to dispose of the new construction along with the right of Musataha.
Transfer of property in UAE
Our best real estate lawyers of UAE have suggested that the property can only be transferred by following the law. The local Law of Dubai Emirate provides that all the actions relating to a property, such as transfer, change, removal, etc. shall not take place unless the property is registered in the property register. The title deed issued by the authority will serve as absolute evidence of registration.
For registration, the following steps must be undertaken-
- Due diligence
Due diligence refers to the practice of conducting thorough research to confirm that the seller has complete rights over the property. The due diligence involves reviewing the title documents, physical inspection of the property, etc.
- Term sheet
Before entering into an official contract, the parties generally enter into a memorandum of understanding (MOU) setting out the fundamental terms of a contract. It is highlighted by our top property lawyers of Dubai that, unlike other countries, MOU is binding in UAE and parties must adhere to their obligations mentioned therein.
- Contract of sale
The contract must have all the relevant information, such as details of the property, governing law, dispute resolution, a termination clause, and purchasing price. Further Article 491 of the Civil Code states that the contract must state that the buyer had full knowledge of the contract.
Conclusion
The transfer of property in the UAE is governed by the provision of the UAE civil code. The procedure of transfer and registration may differ from Emirate to Emirate. It involves submission of documents with authorities, purchase price, verification of the transaction, and issuance of title deed. For drafting all the required documents, you should contact the best property lawyers of UAE.
BSB legal is a specialized property law firm of the UAE. Our best lawyers will assist you in drafting agreements, litigation, and other advisory work. To get more information, kindly contact one of our best lawyers in UAE. You can email us at info@bsb.legal or call +971508014003.