UAE Law and Practice Contributed by: Duncan Pickering, Nicola de Sylva and Sean Cope, DLA Piper Middle East LLP
• Law No (3) of 2015 concerning the regulation of the real estate sector in the Emirate of Abu Dhabi; • Law No (13) of 2019) concerning the amend - ment of some provisions of Abu Dhabi Law No (19) of 2005 concerning real estate owner - ship; and • various Abu Dhabi Executive Council Deci - sions on designation of investment zones. In Dubai, the relevant laws relating to the transfer of title include: • Dubai Law No (7) of 2013 concerning the Land Department; • Dubai Executive Council Decision No (30) of 2013 approving fees of the Land Department; • Dubai Decree No (4) of 2010 regulating the granting of title to allotted industrial and com - mercial land in the Emirate of Dubai; • Dubai Law No (13) of 2008 regulating the Interim Property Register in the Emirate of Dubai, as amended by Dubai Law No (9) of 2009, Law No (19) of 2017 and Law No (19) of 2020; • Dubai Law No (6) of 2019 regulating the joint ownership of real estate in the Emirate of Dubai; and • Dubai Law No (7) of 2006 concerning real property registration in the Emirate of Dubai, as amended by Dubai Law No (7) of 2019. The laws apply to all asset classes. 2.3 Effecting Lawful and Proper Transfer of Title Registration of Transfers All transfers of land in Abu Dhabi and Dubai must be registered. In Dubai, this may be done remotely through the Dubai Land Department (DLD) portal, or it may
be done in person at one of the trustee offices of the DLD; while in Abu Dhabi it is done at the Abu Dhabi Department of Municipalities and Transport (DMT). The DIFC and ADGM have their own system of land registration and maintain their own regis - ters. Certain other free zones maintain their own register of real estate interests, but this does not negate the requirement to register land transac - tions at the onshore land register. Off-Plan Sales Contracts In Abu Dhabi and Dubai, contracts for the sale of real estate that is being developed (ie, off-plan) must be registered on an interim register. Interim registration does not, however, create any legal ownership. Upon completion of the unit, the interim registration is cancelled, and full regis - tration occurs. Title Insurance It is not common for title insurance to be obtained. 2.4 Real Estate Due Diligence In the UAE, the due diligence process can often be difficult due to the lack of information made publicly available. The land registers are not publicly searchable. Most information relating to the ownership or particulars of a property (ie, title certificates, affection plans, zoning information, etc) can only be obtained from the relevant governmen - tal departments upon application from (or with authorisation of) the owner of the property. Some information relating to utility arrangements, com - munity charges, leases or other contracts affect - ing the land can only be obtained from the owner of the land.
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