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Emirate Law · DIFC

Real Property Law DIFC Law No. 10 of 2018

(consolidated version)

Issued 5 November 2018 · In Force

CONTENTS

PART 1: GENERAL

  1. — Title and Repeal

  2. — Legislative authority

  3. — Application of this Law

  4. — Background to this Law

  5. — Purpose of this Law

  6. — Date of enactment

  7. — Date of commencement

  8. — Real Property governed by this Law

  9. — Non-applicability of certain other laws

  10. — Concept of freehold ownership of Real Property

  11. — Interpretation

PART 2: ADMINISTRATION

CHAPTER 1 – APPOINTMENT OF AND ROLE OF THE REGISTRAR

  1. — Appointment of Registrar and other officers

  2. — The objectives, functions and powers of the Registrar

  3. — Stamp of office

CHAPTER 2 – ESTABLISHMENT OF REAL PROPERTY REGISTER

  1. — Registrar shall establish and keep a Real Property Register

  2. — Contents of Real Property Register

PART 3: THE REAL PROPERTY REGISTER

CHAPTER 1 – GENERAL

  1. — Information Registrar shall Register

  2. — Information Registrar may Register

CHAPTER 2 – REGISTRATION OF INSTRUMENTS

  1. — Duty to create Instrument and lodge for Registration

  2. — Registrar's duty to Register Instruments

  3. — Order of Registration of Instruments

  4. — Registration after death of party executing Instrument

  5. — Priority of Registered Instruments

  6. — Instrument of postponement

  7. — Conclusive evidence of information in Real Property Register

CHAPTER 3 – CONSEQUENCES OF REGISTRATION

  1. — Need for Registration of Real Property Interests

  2. — Effect of Registration on Real Property Interest

  3. — Consideration not needed

  4. — Conclusive effect of Registration

  5. — Quality of Registered Real Property Interests

  6. — Exceptions to Article 30

  7. — No title by adverse possession

CHAPTER 4 - UNREGISTERED REAL PROPERTY INTERESTS AND REAL PROPERTY RIGHTS

  1. — Nature and priority of unregistered Real Property Interests and Real Property Rights

PART 4: INITIAL REGISTRATION OF REAL PROPERTY AND TITLES

CHAPTER 1 – GENERAL

  1. — Creation of Folios

CHAPTER 2 – SALE AFTER COMMENCEMENT OF THIS LAW

  1. — Sale occurring after commencement of this Law

CHAPTER 3 – INFORMATION TO BE INCLUDED IN FOLIO

  1. — Information to be included in Folio

PART 5: JOINT HOLDERS

  1. — Registering co-owners

  2. — Corporate entity may own Real Property as joint tenant

  3. — Dissolution of corporate entity joint tenant

  4. — Severing a joint tenancy

  5. — Conversion of tenants in common to joint tenancy

PART 6: TRANSFERS

  1. — Registering a Transfer

  2. — Effect of Registration of Transfer

  3. — Merger

  4. — Transfer of Mortgaged Lot

PART 7: EMINENT DOMAIN

  1. — DIFCA to compensate on just terms

  2. — Transfer under statutory vesting or grant

PART 8: LEASES

  1. — Lease of Real Property

  2. — Lease Registration

  3. — Requirements for Lease to be Registered

  4. — Variation and Assignment of Registered Lease

  5. — Binding Nature of a Lease on a Mortgage

  6. — Expiry or termination of Lease

  7. — Rights and obligations under the Leasing Law

  8. — Implied powers of Lessors and termination for breach

PART 9: MORTGAGES

CHAPTER 1 – GENERAL

  1. — Right to Mortgage

  2. — Requirements for Mortgage

  3. — Mortgage as charge only

  4. — Submortgage

  5. — Registration of second or subsequent Mortgage

  6. — Variation of Mortgage

  7. — Discharge of Mortgage

CHAPTER 2 – MORTGAGEE'S POWERS AND REMEDIES

  1. — Powers of Mortgagees

  2. — Exercise of power of sale

  3. — Injunction to restrain power of sale

  4. — Effect of Transfer after sale by Mortgagee

  5. — Application of proceeds of sale

  6. — Appointment of Receiver

  7. — Entry into possession

CHAPTER 3 – FURTHER ADVANCES

  1. — Right to make further advances

PART 10: STATUTORY CHARGES

  1. — Registration of statutory charges

PART 11: EASEMENTS

CHAPTER 1 – GENERAL

  1. — Easements in Gross permitted

  2. — Easements by prescription or implication

  3. — Rights to support of Real Property and structures

CHAPTER 2 – IMPLIED EASEMENTS IN DEVELOPMENTS AND SUBDIVISIONS

  1. — Implied Easements for services in development

  2. — Implied Easements of right of way and other rights shown in subdivision plan

CHAPTER 3 – REGISTRATION OF EASEMENTS

  1. — Creation of Easement by Registration

  2. — Requirements for Easement

  3. — Easement benefiting and burdening same Registered Owner's Lots

CHAPTER 4 – VARIATION OR EXTINGUISHMENT OF EASEMENTS

  1. — Variation or release of Easement by parties

  2. — Same person becoming Registered Owner of benefited and burdened Lots

  3. — Cancellation of Easement

  4. — Court order varying or extinguishing Easement

CHAPTER 5 – MEANING OF CERTAIN TYPES OF EASEMENTS

  1. — Right of way, right of footway, and party wall

CHAPTER 6 – EASEMENTS CREATED BY COURT ORDER

  1. — Easements created by Court order

CHAPTER 7 – CONTRIBUTIONS TO REPAIRS

  1. — Contribution to repairs

PART 12: COVENANTS

CHAPTER 1 – GENERAL

  1. — Covenants in Gross permitted

  2. — Positive Covenants permitted

CHAPTER 2 – REGISTRATION OF COVENANTS

  1. — Creation of Covenant by Registration

  2. — Requirements for Covenant

  3. — Covenant benefiting and burdening same Registered Owner's Lots

CHAPTER 3 – VARIATION OR EXTINGUISHMENT OF COVENANTS

  1. — Variation or release of Covenant by parties

  2. — Same person becoming Registered Owner of benefited and burdened Lots

  3. — Duration of Covenant

  4. — Court order varying or extinguishing Covenant

PART 13: TRUSTS

  1. — Dealing by trustee

PART 14: DECEASED ESTATES

  1. — Registration of personal representative

  2. — Dealings without Registration of personal representative

  3. — Notice of death

PART 15: INSOLVENCY

  1. — Transmission on Insolvency

PART 16: WRITS

  1. — Request to Register Writ of Execution

  2. — How a Writ of Execution is Registered

  3. — Effect of Registering Writ of Execution

  4. — Cancellation of Registration of Writ of Execution

  5. — Discharging or satisfying Writ of Execution

  6. — Transfer of Lots sold under a Writ of Execution

PART 17: CAVEATS

CHAPTER 1 – REGISTERING CAVEATS

  1. — Who may Register a Caveat

  2. — Requirements of Caveat

  3. — Registering a Caveat

  4. — Notifying Caveat

CHAPTER 2 – EFFECT OF CAVEAT

  1. — Effect of lodging Caveat

CHAPTER 3 – WITHDRAWAL, LAPSING AND REMOVAL OF CAVEATS

  1. — Withdrawal of Caveat

  2. — Lapsing of Caveat

  3. — Removal of Caveat by Court order

  4. — Further Caveat

  5. — Cancellation of Caveat by Registrar

  6. — Order for security

CHAPTER 4 – IMPROPER CAVEATS

  1. — Compensation for improper Caveat

CHAPTER 5 – GENERAL

  1. — Notices to Caveator

  2. — Right to injunction not affected

PART 18: INSTRUMENTS

CHAPTER 1 – MANNER OF EXECUTION OF, AND RELIANCE ON, INSTRUMENTS

  1. — Execution of Instruments

  2. — Indicating consent when required for dealing

  3. — Execution of Instruments by corporations and natural persons

  4. — Execution of Instrument under power of attorney

  5. — Registrar's discretion to reject an Instrument

CHAPTER 2 – SUITABILITY OF INSTRUMENTS FOR REGISTRATION

  1. — When Instrument capable of Registration

  2. — Address for service to be provided

CHAPTER 3 – THE PROCESS OF REGISTERING INSTRUMENTS

  1. — Lodgement of Instruments by electronic or other means

  2. — Registrar's power to correct obvious errors in Instruments

  3. — Registrar's requisitions

  4. — Rejecting Instrument if requisitions not complied with

  5. — Requiring plan of survey to be lodged

  6. — Protection of persons under disability

  7. — Minors

CHAPTER 4 - STANDARD TERMS INCORPORATED INTO INSTRUMENTS

  1. — Standard terms document

  2. — Prescribed standard terms

CHAPTER 5 – OBLIGATIONS IN REGISTERED INSTRUMENTS

  1. — Obligations in Registered Instruments: successors in title implied

  2. — Registration does not impute validity or enforceability

PART 19: SUBDIVISIONS

  1. — Subdivision approval before dealing with part of Lot

PART 20: POWERS OF AND PROCEEDINGS AGAINST REGISTRAR

CHAPTER 1 – POWERS

  1. — General powers of the Registrar

  2. — Registrar may correct Real Property Register

  3. — Registrar may prepare and Register a Caveat

  4. — Registrar may state a case

  5. — Registrar may demand Prescribed Fees

  6. — Registrar may issue Approved Forms

CHAPTER 2 – PROCEEDINGS AGAINST REGISTRAR

  1. — Registrar may be summoned for refusal to perform duty

  2. — Protection from liability

PART 21: COMPENSATION FOR LOSS

  1. — The Assurance Fund

  2. — Compensation from Assurance Fund

  3. — Time limit on claims against Assurance Fund

  4. — Court order about deprivation, loss or damage

  5. — Matters for which there is no compensation

  6. — Subrogation

PART 22: SEARCHES

  1. — Entitlement to search Folio and Instruments

  2. — Evidentiary effect of Documents issued by Registrar

PART 23: OFF PLAN SALES

  1. — Off Plan Register

  2. — Developer license

  3. — Off Plan Development Registration

  4. — Off Plan Sales Agreements

  5. — Disclosure Statement

  6. — Escrow Account

  7. — Construction Defect Rectification by the Developer

162A. — Construction Defect Rectification by the Contractor

  1. — Mortgagee's priority

PART 24: MASTER COMMUNITY ADMINISTRATION

  1. — Registered Owners and Occupiers Bound by Master Community Declaration

  2. — Registrar may Issue Orders

  3. — Form and Variation of Master Community Declaration

PART 25: MISCELLANEOUS

  1. — Words and expressions used in Instruments under Law

  2. — Reference to Instrument is reference to Instrument completed in Approved Form

  3. — Service of notices

  4. — Deemed receipt in certain cases

  5. — Registrar's Directives

  6. — Contraventions of this Law

  7. — Orders by Registrar in relation to breaches of this Law

  8. — DIFCA may make Regulations

  9. — Waivers of fines and penalties issued under this Law or Regulations

SCHEDULE 1

(2) The headings in this Law do not affect its interpretation.

  1. — Rules of Interpretation

    (1) In this Law, unless otherwise provided, a reference to: (a) a statutory provision includes a reference to the statutory provision as amended or re-enacted from time to time; (b) a statutory provision includes a reference to the statutory provision as amended or re-enacted from time to time; (c) a "person" includes any natural person, body corporate or body unincorporate, including a company, partnership, unincorporated association, government or state; (d) an obligation to publish or cause to be published a particular Document shall, unless expressly provided otherwise in this Law, include publishing or causing to be published in printed or electronic form; (e) a "day" means a calendar day, unless expressly stated otherwise. If an obligation falls on a calendar day which is either a Saturday, Sunday or an official public holiday, the obligation shall take place on the next calendar day which is a business day; (f) a "business day" means a calendar day, excluding Saturdays, Sundays or official public holidays; (g) a "week" shall mean a calendar week or seven (7) days, whichever is applicable in the circumstances; (h) a "month" shall mean a calendar month or a period of thirty (30) days where the reference in the Law is to a period of one (1) month; (i) a "year" shall mean a period of three hundred and sixty five (365) days and a "calendar year" shall mean a year of the Gregorian calendar; (j) a reference to the masculine gender includes the feminine and vice versa; (k) the singular shall include the plural and vice versa; (l) "dollar" or "$" is a reference to United States Dollars unless the contrary intention appears; and (m) this Law includes any Regulations made under this Law. (n) a "relevant provision" is a reference to: (i) any provision of this Law, the Previous Law or any other Legislation administered by the Registrar which is expressed to be subject to an Article of this Law, the Previous Law, or such other Legislation; or (ii) any provision of the Regulations or any other regulation administered by the Registrar.

  2. — Legislation in the DIFC

    References to any legislation and Guidance in this Law shall be construed in accordance with the following provisions: (a) Federal Law is law made by the federal government of the United Arab Emirates; (b) Dubai Law is law made by the Ruler, as applicable in the Emirate of Dubai; (c) DIFC Law is law made by the Ruler (including, by way of example, this Law), as applicable in the DIFC; (d) this Law is the Real Property Law, DIFC Law No. 10 of 2018 made by the Ruler; (e) the Regulations are legislation made by the Board of Directors of the DIFCA under this Law and are binding in nature; (f) the Enactment Notice is the enactment notice pursuant to which this Law is brought into force; (g) Guidance is indicative and non-binding and may comprise (i) guidance made and issued by the Registrar under this Law or the Regulations and (ii) any standard or code of practice issued by the Board of Directors of the DIFCA which has not been incorporated into the Regulations; and (h) references to "Legislation administered by the Registrar" are references to any DIFC Law and any regulations conferring functions and powers on the Registrar.

  3. — Defined terms

    In this Law, unless the context indicates otherwise:

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Source: www.difc.com

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