Partner – Legal Director, Elnaggar & Partners
As Dubai became one of the most futuristic cities in the world, and the United Arab Emirates one of the most desired countries to live in, a lot of people would like to have their Arabic dream come true and have access to all what this country has to offer, from lifestyle, futuristic buildings, high end services, international cuisines and amazing infrastructure.
Considering the fact that the population of Dubai has grown significantly in the past few years, a lot of property projects have been launched lately; therefore there is a large palette to choose from: properties close to the beach, properties in quiet areas, surrounded by greenery, villas, bungalows or futuristic skyscrapers.
The biggest benefit of investing in the real estate market of Dubai is that you do not need to pay any taxes for the same. This includes the residential properties as well as their commercial counterparts. This means that once you buy a property, you would not need to pay any extra taxes for the same.
Moreover, if your property value is above 1 million Dirhams you can apply for the three -year residency visa.
In the Emirate of Dubai, foreigners can own real estate properties only in areas designated for freehold ownership. The sole legal authority to register and document all real estate transactions is the Dubai Land Department.
As mentioned above, as an expat, living in the UAE, you can buy only properties in areas designated for freehold ownership. Therefore, you have to approach a real estate broker to search for a property that suits your budget, in an area you like. Once you found the property of your dream, you need to start the registration process.
Below, I will guide you through the most important steps the buyer and the seller need to follow and I will highlight the documents each buyer and seller has to provide and submit to the Dubai Land Department in order to sell and buy a real estate property.
a) In case the seller and the buyer would like to register the real estate property, via the service centre, they have to follow the next steps:
b) In case the buyer and the seller would like to register the real estate property, remotely, they have to follow the next steps:
a) In case the transaction is made between individuals, the following documents have to be submitted:
b) In case a company is involved in the transaction as seller or buyer, the following documents have to be submitted:
In case the real estate property, the seller would like to sell, is mortgaged, he will be able to transfer it only after the settlement of mortgage letter from the bank is presented to the Real Estate Registration Trustee office.
What are the steps the buyer and seller need to follow?
Before approaching the Real Estate Registration Trustee offices, the seller has to take the necessary steps to obtain the Discharge/ Release of mortgage letter issued by the bank.
In order to obtain the Discharge/ Release of mortgage letter issued by the bank, the seller has to approach the bank and check with them the necessary steps and requested documents.
Usually, the first step any seller needs to take is to provide the bank with few forms signed by him. After the forms are signed and processed by the bank, the bank will issue the Liability letter, mentioning the outstanding mortgage fee.
Once the Liability letter is issued, the seller will have to submit it to the Real Estate Registration Trustee offices together with the other requested documents and the buyer will have to submit the manager cheque for the selling price under the seller’s name (or under the bank name for the amount mentioned in the Liability letter and for the difference amount, another manager cheque under the seller’s name), in order to obtain the Restrain Property Certificate and the original Title Deed kept by the bank.
Once the Restrain Property Certificate is issued by the Dubai Land Department, the seller will submit it to the bank together with the cheque to cover the outstanding mortgage amount, in order to obtain the Discharge/ Release of mortgage letter addressed to the Dubai Land Department and to the developer and the original Title Deed kept by the Bank.
a) After the Discharge/ Release of mortgage letter is issued and the original Title Deed is released, in case the buyer and seller would like to register the real estate property, via the service centre, the next steps have to be followed:
b) In case the buyer and the seller would like to register the real estate property, remotely, they have to follow the next steps:
a) In case the transaction is made between individuals, the following documents have to be submitted:
b) In case a company is involved in the transaction, as seller or buyer, the following documents have to be submitted:
In conclusion, we can say that it’s definitely worth it to buy a property in Dubai, and even though in the beginning it may seem like a difficult process, once you understand the steps and find the right people to help you throughout the journey, the satisfaction of owning a property in a city like Dubai will be incomparable.
Ahmed Elnaggar
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