Wednesday, May 24, 2017

U.A.E Visa Rules and Regulations: UAE’s non-Muslim expats now register a will

U.A.E Visa Rules and Regulations: UAE’s non-Muslim expats now register a will:

Non-Muslim expatriates can now dictate where they want their assets to go when they die, after a decision to change rules governing wills. The changes will ensure there is no dispute or confusion over a deceased’s belongings and custody of children, and expats can register a will for about Dh500.

Abu Dhabi has had no way of registering wills drafted in the UAE or an expat’s home country.

Wednesday, February 15, 2017

U.A.E Visa Rules and Regulations, Labour Law: Unified rental contract from March 2017 in Dubai

U.A.E Visa Rules and Regulations, Labour Law: Unified rental contract from March 2017 in Dubai:

From
next month March 2017 onwards, all of Dubai's property lease contracts
will have a unified structure, according to the Land Department. The
"Unified Lease Form" is designed to "regulate relationships between all
parties involved in such transactions and guarantees the rights of all
parties," the agency said.
Landlords
will have to download and print contracts from the Ejari website and
must provide assurance that all items included within are based on a
legal framework that regulates the transactions. Items within the
contract will thus be governed by applicable laws, including those
related to rents.
If
any omissions are subsequently found, there is provision for penalties
to be applied. Parties to the contract agreement should agree on the
items before signing the lease.
According
to Hamdan Al Madhani, Director of Rental Relations Regulatory
Department, “The applied unified lease form primarily depends on the
legal system, and having unified contracts between the parties
guarantees the rights of all stakeholders involved.
“The
Rental Affairs Sector carries the responsibility to apply the new
unified lease contract, in addition to registering leases and tracking
the real estate index."
As per Law No. (26)  (under
clause No. 16), the landlord is responsible for maintenance repair, and
repair of any damage or defect that may affect the well-being of the
tenant within the premises, unless otherwise agreed.
Therefore,
there cannot be a clause forcing the responsibility on one party alone.
Law No. (2) is one of the references used to draft the unified
contract. The document also refers to Law No. (33), which regulates the
relationship between landlords and tenants, specifically clause No.
(25), which specifies the cases that enable the landlord to request an
eviction.
These
can include subleasing of the property, or in the case of using the
property for carrying out prohibited or illegal activities.

Sunday, December 04, 2016

New rule on marketing properties in Dubai



Properties can be marketed and sold in Dubai only if there is a prior written agreement where the property’s owner authorises estate agents to carry out the marketing process.

This is as per new directives issued by the Dubai Land Department, and in line with earlier moves aimed at creating a more transparent transactional marketplace in the emirate.

Once the written agreement is in place, permits will be issued through the Real Estate Regulatory Agency’s e-service system. It will also apply to advertisements being placed to sell a property or project in Dubai.

All “real estate advertisement mechanisms will be regulated through this system, with Rera facilitating marketing agreements between the landlords and the brokers through its Form A,” said the statement.

“The property owner is required to sign Form A to authorise brokerage offices to market any properties, in order for any broker to obtain permission from Dubai Land Department to represent properties for sale or for lease. The landlord is permitted to deal exclusively or with more than one real estate broker for the marketing of any property.”

According to Ali Abdullah Al Ali, Director of the Real Estate Licensing Department at the government entity, “We regulate the process of advertisements within a specific agreement that defines the role of each party involved in any real estate sales or rent with total precision, which will guarantee the rights of all parties, including landlords, investors and brokers.”

Recently, the Land Department Authorised that marketing of all overseas properties too should have prior clearances before they can be showcased in Dubai. This applies to any marketing exposure across all advertising platforms.

   
  

Thursday, June 23, 2016

Off-plan property investors can get full refund - Dubai Court ruling

A property purchaser whose sale and purchase agreement was terminated for non-payment and the property is re-sold by the developer without a court order, can file a claim to recover the amounts paid, according to a judgment by the Dubai Court of Cassation.
In a report titled ‘Terminating a contract for an off-plan’, law firm Hadef and Partners said the Dubai Court of Cassation found that going through the Article 11 Cancellation Process was not sufficient to give the developer the right to repossess and to sell the unit, and that a developer still needs to file a civil claim and to obtain a court order for the termination of the existing contract.
“The court took the view that the Article 11 Cancellation Process are simply a set of administrative guidelines/recommendations and they do not override the general requirement that a court should determine the matter and decide whether or not the contract is to be terminated due to the purchaser’s default,” Walid Azzam and Karim Mahmoud wrote in the report.
This general requirement is found in Article 267 of the Federal Law 5 of 1985 (‘the Civil Code’), which provides that a contract can only be terminated “by mutual consent [of the parties], court order, or under a provision of the law”, they said.
The Court of Cassation was reported to have said that if a developer re-sold a repossessed unit; the purchaser (even if he was in default) may be able to recover the payment(s) he made.
“Given the recent ruling, the developer’s actions in repossessing the unit and reselling it constitutes a unilateral termination of the contract, so making the developer liable to repay any amounts received from the defaulting purchaser,” the lawyers said.
In the court’s view, Article 11 Cancellation Process is just an administrative step which is separate from obtaining the court’s approval to the termination of the contract.
The law firm further mentioned that in case of a defaulting purchaser, even if the developer is able to de-register the unit from the interim register prior to re-selling that particular unit, it would be strongly recommended to file a claim against the defaulting purchaser to implement the compensation provisions of Article 11 and to secure a court order for the termination of the contract.
The Dubai Land Department (DLD) cancellation process arises out of Law No. 13 of 2008 regulating the Interim Property Register in Dubai (Law No. 13), which was later clarified and amended by Law No. 9 of 2009 (Law No. 9). The revision of Law No 13 by Law No. 9 was intended to set up a clear termination mechanism and to provide guidelines in case purchasers stopped making their contractual payments.
It also established a specific compensation mechanism that correlates to the construction level of the project at the time of the purchasers’ default. Law No. 9 also made the specific article, Article 11, apply retrospectively.
Article 11 of Law No. 9 provides that:
1.  In the event the purchaser shall be in default of any of the terms and conditions of the contract for the sale of a real estate unit entered into with the developer, the developer must notify the DLD of such default. Thereupon, the department shall give the purchaser, by hand, registered post or e-mail, a 30-day notice to fulfill his contractual obligations.
2. If at the end of the notice period stipulated in the preceding paragraph the purchaser has not fulfilled his contractual obligations, the following provisions shall apply:
a. In case the developer has completed at least 80 per cent of the project, the developer may keep the full amounts paid and request the purchaser to settle the remaining amount of the contract price. If   this was not possible, the developer may request that the property be auctioned in order to collect the remaining amounts due to it.
b. In case the developer has completed at least 60 per cent of the project, the developer may revoke the contract and deduct up to 40 per cent of the purchase price of the real estate unit stipulated in the contract.
c. In case of projects where construction commenced, but did not reach 60 per cent, the developer may revoke the contract and deduct up to 25 per cent of the purchase price of the real estate unit stipulated in the contract;
d. In case of projects whereat construction has not yet commenced for reasons beyond the developer’s control without any negligence or omission on its part, the developer may revoke the contract and deduct up to 30 per cent of the total amounts paid by the purchaser.
Based on this cancellation process, when a purchaser was sent a notice and did not rectify his position, the DLD traditionally de-registered the property from the interim register and re-registered it in the name of the developer.
The DLD cancellation process appears to have permitted developers to address issues related to losses from defaulting purchasers quickly and without having to go through a lengthy court process.
Likewise, the developer also had recourse under Article 15 of Executive Council Resolution No. 6 of 2010 to apply to the courts in the event the monies paid by the defaulting purchaser did not meet the thresholds outlined in Article 11, and to claim for the balance.
“Generally, these laws appear to provide a balance between the needs of developers (who are harmed by both defaults and having to wait for a court judgment to recoup losses) with the interests of purchasers (who stand to have a part of their deposits returned to them).
“However, due to a recent Dubai Court of Cassation judgment, any developer considering terminating a contract through the DLD for lack of payment now faces a great deal of uncertainty,” the lawyers said.

Saturday, May 07, 2016

U.A.E Visa Rules,Dubai visa Rules,U.A.E Labor Law: U.A.E Workers Welfare Report 2015 Published

U.A.E Visa Rules,Dubai visa Rules,U.A.E Labor Law: U.A.E Workers Welfare Report 2015 Published:





  The Ministry of Human Resources and
Emiratisation has published the first annual report entitled 'Workers Welfare
Report 2015,' highlighting the labour rights in the UAE.

The 2015 report focuses on
measures to ensure that all workers that come to the UAE "are recruited
and employed equitably, safe in their place of work, and free to advance
professionally and personally."

The publication of this report
is part of a drive to increase transparency about labour issues, improve data
reporting and ensure that discussion about the transnational labour mobility
and economic development is frank and fair.

In a forward to the 2015
Report, Saqr Ghobash, Minister of Human Resources and Emiratisation, remarked
that "The UAE’s workforce is our greatest asset: the driver for growth
that enables economic diversification and secures the future for tomorrow’s
generation."
Ensure Workforce Protected
"The Ministry of Human
Resources and Emiratisation is committed to ensuring our workforce is protected
and its dynamism is harnessed for the good of all. Therefore the ministry has
launched a series of initiatives and resolutions to promote workers' welfare in
the country, most notably, Standardising labour contracts in order to promote
clarity and transparency for workers and employers," he added.

He further elaborated that the
ministry launched new laws that "Enable workers to move freely between
employers, as well as evaluating and reviewing every aspect of working in the
Emirates from recruitment to housing and making significant reforms designed to
ensure all workers are treated respectfully at all times, and able to report
instances of maltreatment easily."
Legal Professionals to help Labour Disputes
The minister said that MOHRE
has appointed 63 legal professionals to help resolve labour disputes, and
trained 100 members of staff to facilitate the process of dispute resolution.
The ministry has also implemented a new, dynamic smart inspection system to
enable the inspectors focus their efforts on higher risk business
establishments.