It was issued by Mohammed bin Rashid.. It aims to ensure the protection of private property and its inviolability

A new law regulating the “acquisition” of real estate for the public benefit in Dubai

• The law specifies the procedures for executing the expropriation decision and objecting to the amount of compensation.

  archival

picture

His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE, in his capacity as Ruler of the Emirate of Dubai, issued Law No. (2) of 2022 regarding the acquisition of real estate for the public benefit in the Emirate of Dubai, with the aim of ensuring the protection of private property and not affecting or expropriating it except for the benefit. In exchange for fair compensation, organizing procedures for the expropriation of real estate for the public benefit in Dubai according to specific and clear procedures, setting fair rules and foundations for compensation for properties expropriated in the emirate, in line with the best recognized international standards in this regard, and enabling public and private entities in the emirate to implement projects aimed at achieving public interest.

The provisions of this law apply to all expropriations that take place on vacant plots of land in Dubai, including special development areas, and free zones, including the Dubai International Financial Centre, provided that the procedures, controls and requirements for expropriating buildings and facilities built on plots of land in the emirate are regulated, whether were completed or under construction, as well as compensation for them, pursuant to a decision issued in this regard by the Chief of the Court of His Highness the Ruler of Dubai.

According to the law, property may only be acquired for the public benefit, in return for fair compensation, and in accordance with the rules, principles, provisions and procedures stipulated in this law and the decisions issued pursuant thereto.

Possessive Appropriation

The law stipulated that if part of the property was acquired, and the remaining part became unfit for construction or unusable, in accordance with the planning and building regulations in force in Dubai, the remaining part of the property is considered to be covered by virtue of the expropriation decision, and the owner in this case bears Compensation for the entire expropriated property, according to its estimated value, unless the property owner expresses his desire to keep that part in order to join it to another property adjacent to it, so that they together become a single property suitable for construction or usufruct in accordance with the planning and building regulations in force in Dubai. In this case, the Committee may The Acquisition of the Form decides to limit the expropriation and compensation to the part to be expropriated only.

The Expropriation Committee may allow the possessor to exploit the part legally included in the acquisition for any other purpose in compliance with the planning and building regulations in force in the Emirate, whenever the business need so requires.

Acquisition Committee

The law stipulated that in the Emirate of Dubai, by a decision of the head of the Court of His Highness the Ruler of Dubai, a permanent committee called the “Expropriation Committee”, provided that in this decision the members of the committee, the mechanism for holding its meetings and making its decisions, and the procedures to be followed before it regarding acquisition requests, and others of the relevant provisions.

According to the law, the Acquisition Committee is exclusively concerned with deciding on the requests for expropriation submitted to it, and for this it has a number of tasks, the most important of which are: requesting the relevant authorities to provide them with financial credits for the project for which real estate is required to be acquired, approvals, plans, engineering drawings, and other documents And the project documents, to study them, determine the feasibility and importance of the project, and the extent to which it achieves the public benefit, and study its consistency with the general policy of urban planning and the urban fabric of the area in which the required expropriation is located and the general urban plan of the Emirate of Dubai, and the development benefit envisaged by it.

The committee is also concerned with proposing appropriate planning alternatives to the possessor to implement the project without resorting to expropriation, such as allocating alternative lands to establish the project, examining whether the project requires full or partial ownership of the property, and preparing a list of appraisers, which re-estimate the value of the specified compensation for the expropriated property. In accordance with the provisions of this law, and presenting it to the owner of the expropriated property to choose one of the appraisal bodies he deems appropriate, and to approve the type and amount of compensation specified by the department or appraisal body, as the case may be, and to notify the owner of it to deposit it in the escrow account, in addition to the other expenses resulting from the expropriation that are determined by the commission, which includes advertising expenses, and other administrative expenses.

The law defines the procedures for implementing the expropriation decision, objecting to the amount of compensation, and the procedures for deciding on it, as well as appealing the procedures for implementing the expropriation decision, the eviction period, the type of compensation, the conditions for fulfilling the rights established on the property from compensation, and the exploitation of the expropriated property, in addition to the controls for the exploitation of the expropriated property.

Government real estate

The law stipulates that if any property owned or allocated to any of the federal or local government agencies is affected by the acquisition, compensation procedures for it shall be carried out in accordance with the applicable legislation and the rules, controls and procedures approved by the Expropriation Committee in this regard.

With regard to the expropriations whose procedures were not completed on the date of the enforcement of this law, the provisions of this law shall apply to them, provided that all actions taken in connection with these expropriations are considered valid, as if they were carried out in accordance with the provisions of this law.

reconcile the situation

According to the law, every person who had a property that was acquired before the provisions of this law came into force, and did not complete the acquisition procedures, and received the compensation due to him in accordance with the legislation in force at the time of the acquisition, must review the competent government agencies in the Emirate of Dubai to complete all procedures for receiving the compensation due to him. Within a period not exceeding one year from the date of enforcement of this law.

In the event that he fails to do so, all decisions issued for entitlement to compensation shall be considered as if they were not, and the provisions of the new law shall apply to determining the compensation due in this case, provided that in this case it shall be considered for the purposes of determining the type or amount of compensation in the market value of the property on the date on which it was acquired.

• It is not permissible to expropriate the property except for the public benefit, and in return for a fair compensation.

Implementation of the provisions of the law

The Chief of the Court of His Highness the Ruler of Dubai shall issue the necessary decisions to implement the provisions of this law, and the provisions stipulated in the decree issued on January 1, 1964 regarding the regulation of expropriation for the public benefit, which conflict with the provisions of this law, shall be repealed, and any provision in any other legislation shall be repealed to the extent Which contradicts the provisions of Law No. (2) of 2022, and is published in the Official Gazette, and is enforceable from the date of its publication.

Follow our latest local and sports news and the latest political and economic developments via Google news