Strata Title Law DIFC Law No. 5 of 2007

DIFC STRATA TITLE LAW DIFC STRATA TITLE LAW DIFC LAW NO. 5 OF 2007

Consolidated Version No. 2 (March 2022)

As amended by

DIFC Laws Amendment Law DIFC Law No. 2 of 2022

Strata Title Law Amendment Law DIFC Law No. 11 of 2018

1. — Duty to keep Lot in good order and repair

(1) The Owner must keep all improvements on its Lot in a state of good repair and to a standard in keeping with the Common Property.

(2) The Owner must:

(a) carry out any work in relation to the Owner's Lot that the Owner is required to carry out by:

(i) a Relevant Authority; or

(ii) Body Corporate; and

(b) comply with all security procedures and Directives implemented and issued by the Body Corporate or any person acting on behalf of the Body Corporate.

2. — Prohibited conduct

The Owner or Occupier must not, without the Body Corporate's prior written permission, do any of the following:

(a) use the Lot, or permit its use, in a way that causes a nuisance to the Owner or Occupier of any other Lot;

(b) make structural, mechanical or electrical alterations to a Lot;

(c) place or do anything on any part of the Common Property or any part of the Lot which, in the opinion of the Body Corporate, is aesthetically displeasing or undesirable when viewed from the Common Property;

(d) place any television aerials or satellite dishes on any Lot or Common Property including on any the balcony or terrace area or the exterior of the Building;

(e) place or hang any washing or laundry or any other items on the Common Property or any part of the Lot where it is visible from the Common Property;

(f) store any material, or do or permit to be done any dangerous act on the Lot or on the Common Property that may increase the Body Corporate's insurance premiums.

3. — Duty to allow access for maintenance and repair of Common Property

(1) A Body Corporate is entitled to reasonable access to a Lot for the purpose of maintaining, repairing or replacing the Common Property and Service Infrastructure.

(2) A person authorised by a Body Corporate may enter the Lot for that purpose:

(a) after giving to the Occupier of the Lot reasonable notice of the intention to exercise the rights of access; or

(b) in an emergency, without notice.

4. — Duty to pay rates and taxes

The Owner must promptly pay all rates, fees and charges that may be payable in relation to the Lot.

5. — Vehicles

(1) The Owner must observe and ensure that their visitors and guests:

(a) observe any road signs on the Common Property;

(b) do not drive their vehicles in a manner which is unsafe, creates a nuisance, or obstructs the flow of traffic or access to or ingress from parking bays;

(c) park vehicles only in designated parking areas;

(d) do not permit one (1) vehicle to occupy more than one (1) parking bay; and

(e) do not park trucks, trailers, boats or heavy vehicles on the Common Property without the prior written consent of the Body Corporate or a person authorised by it.

(2) The Body Corporate may authorise any vehicle parked or used in contravention of By-law 5(1) to be removed or towed away, at the risk and expense of the Owner of the vehicle.

(3) The driving and parking of vehicles on the Common Property is entirely at the Owner's risk.

6. — Reasonable behaviour

(1) The Occupier must not behave in a way likely to interfere with the reasonable use and enjoyment of another Lot or the Common Property.

(2) An Owner or Occupier must take reasonable steps to ensure that invitees do not behave in a way likely to interfere with the reasonable use and enjoyment of another Lot or the Common Property.

7. — Duty to provide information

The Owner must promptly give the Body Corporate written notice of any change in the ownership of the Lot.

8. — Keeping animals

(1) Subject to By-law 8(2), the Occupier must not, without the Body Corporate's written approval:

(a) bring an animal onto, or keep an animal on, the Lot or the Common Property; or

(b) permit an invitee to bring an animal onto, or keep an animal on, the Lot or the Common Property.

(2) By-law 8(1) does not apply to guide dogs for persons with impaired sight or hearing.

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 "person" includes any natural person, body corporate or body unincorporate, including a company, partnership, unincorporated association, government or state;

(c) 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;

(d) 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;

(e) a "business day" means a calendar day, excluding Saturdays, Sundays and official public holidays;

(f) a "week" shall mean a calendar week or seven (7) days, whichever is applicable in the circumstances;

(g) 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;

(h) 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;

(i) a reference to the masculine gender includes the feminine and vice versa;

(j) the singular shall include the plural and vice versa;

(k) "dollar" or "$" is a reference to United States Dollars unless the contrary intention appears; and

(l) this Law includes any Regulations made under this Law.

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

(3) A reference in this Law to a Part, Chapter, Article or Schedule by number only, and without further identification, is a reference to the Part, Chapter, Article or Schedule of that number in this Law.

(4) Reference in an Article or other division of this Law to an Article by number or letter only, and without further identification, is a reference to the Article of that number or letter contained in the Article or other division of this Law in which that reference occurs.

(5) Unless the context otherwise requires, where this Law refers to an enactment, the reference is to that enactment as amended from time to time, and includes a reference to that enactment as extended or applied by or under another enactment, including any other provision of that enactment. (6) References in this Law, to Registering an Instrument or information in the Folio is a reference to Registering it in (or in the case of a Folio kept in paper form, on) on the Folio for the Lot or Lots concerned.

1A. — 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 Strata Title Law, DIFC Law No. 5 of 2007 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; and

(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.