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Real estate lawyer in Dubai

Mohammed Zakaria Al-Qawasmi

08 November 2020

The real estate market in Dubai has witnessed, during the past decade, an accelerated development, which encouraged major local and foreign investors to invest in the real estate sector in the emirate, due to its great return on investment, as well as the ease and flexibility of procedures, and the lack of restrictions imposed on foreign investment, in addition to a legislative infrastructure that provides Legal protection for investors.

Dubai real estate legislation has become a main reference, and neighboring countries have benefited from it in enacting their real estate laws.

Many decrees and orders related to real estate matters have been issued since the emergence of the emirate of Dubai, but the first specialized real estate legislation in the emirate of Dubai was issued in 2006 regarding real estate registration in the emirate, followed by real estate legislations, some of which were amended, to suit new developments, and to benefit from experiences in their application.

The key word in the success of Dubai is the open doors policy, and the resulting close cooperation between the public and private sectors, as they became partners in drafting the real estate system in Dubai, both in terms of facilitating procedures and establishing creative and creative initiatives.

It can be said that it is unique in the region, which led to the announcement of the "real estate lawyer initiative".

The real estate market of the Emirate of Dubai has entered the emirate of large investors and international companies, which have a governance system characterized by high professionalism, and this requires dealing with real estate specialists, such as surveyors, evaluators, financial advisors, commercial consultants, as well as lawyers and legal consultants specializing in real estate law in all its branches and specialties, as the lawyer is no longer Or a non-specialized legal advisor who is able to keep pace with developments and provide high-quality legal services in relation to real estate matters.

The Dubai Land Department paid attention to the real estate market’s need, and some of the difficulties that major investors face, so it signed an agreement with law firms in the Emirate of Dubai, according to special requirements and conditions, and granted them the following powers:

1- Legal audit: according to which the real estate attorney can remotely access the real estate registration system of the Land and Property Department, and verify the identity of the property owner, the condition of the property, and whether there are any restrictions registered on the property such as: mortgage, seizure from the court, or grant, Or long-term rent, or other restrictions, and this helps the investor to know the status of the property and take the appropriate decision before signing any contract or agreement.

2- The real estate attorney is authorized by the Land Department to review the structure of the companies that will buy or sell real estate to clarify the individual beneficiary and the ultimate owner of them, confirm the authorized signatory for the companies, and clarify the change of partners that has taken place, starting from the date of ownership of the property, and at all levels in the company’s structure, because The Land Department’s policy considers changing the shareholders as selling the real estate, and imposes selling or donation fees as necessary, and this service saved time, effort and cost for investors, because a real estate lawyer can review documents without the need to translate them into Arabic, and it also reduced the cost of certifying documents.

This achievement by the Land Department contributed to increasing transparency in Dubai and its real estate market, making it eligible to accommodate the requirements of major investing companies.

As for this initiative, it has completed its first year of life, as senior law firms work in partnership with the Land Department to develop it and provide more services to investors in the near future.

Real estate attorney

Partner - Al Tamimi & Associates Advocates & Legal Consultants

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