Executive Council Resolution No. (30) of 2013

Executive Council Resolution No. (30)
of 2013
Approving Fees of the Land
Department

Executive Council Resolution No. (30) of 2013
Approving
Fees of the Land Department (1)
We, Hamdan bin Mohammed bin Rashid Al Maktoum, Crown Prince of Dubai,
Chairman of the Executive Council,
After perusal of:
Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (7) of 2006 Concerning Real Property Registration in the Emirate of Dubai;
Law No. (27) of 2007 Concerning Ownership of Jointly Owned Real Property in the Emirate
of Dubai;
Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai
and its amendments;
Law No. (14) of 2009 Concerning the Pricing of Government Services in the Emirate
of Dubai;
Law No. (35) of 2009 Concerning Management of the Public Funds of the Government of
Dubai and its amendments;
Law No. (7) of 2013 Concerning the Land Department;
Decree No. (4) of 2010 Regulating Grant of Title of Land Allocated for Industrial and
Commercial Use in the Emirate of Dubai; and
Executive Council Resolution No. (24) of 2006 Approving Charges for Certain Real
Property Transactions in the Emirate of Dubai,
Do hereby issue this Resolution.

Deﬁnitions
Article (1)

The following words and expressions, wherever mentioned in this Resolution, will have the
meaning indicated opposite each of them unless the context implies otherwise:
Emirate: The Emirate of Dubai.
Department: The Land Department.
Fee: The amounts and percentages charged pursuant to this Resolution for the
registration of Real Property Dispositions and for the services provided by
the Department.
Register: The real property register and the interim real property register in which real property dispositions are registered.

Disposition: real property is transferred. This includes, without limitation, contracts transferring usufruct rights or long-term lease rights provided for by the above mentioned Law No. (7) of 2006, and rent-to-own contracts.

Approval of Fees
Article (2)

By virtue of this Resolution, the Fees for registration of Real Property Dispositions in the Real Property Register, including those related to completed, under-construction, or off- plan real property, as well as the Fees for services provided by the Department, as set out in Table (1) attached hereto, are approved.

Fee Payment Rules
Article (3)

When paying the Fees prescribed by Article (2) of this Resolution, the following will apply:
1. unless agreed otherwise, the Fee for the sale of real property will be shared equally by the seller and purchaser;
2. unless agreed otherwise, the Fee for registering a usufruct or long-term lease right provided for by the above mentioned Law No. (7) of 2006 will be paid by collection of two percent (2%) of the value of the real property from the owner, landlord, or holder of a usufruct right, and collection of two percent (2%) of the value of the real property from the tenant or holder of the usufruct right;
3. unless agreed otherwise, the Fee for registering a rent-to-own contract will be paid by collection of two percent (2%) of the value of the real property from the landlord, and collection from the tenant of two percent (2%) of the value of the real property plus a quarter of a percent (0.25%) of the value of the amount ﬁnanced;
4. the Fees for registering the subdivision of co-owned real estate will be paid by the co-owners in proportion to their respective shares prior to the subdivision;
5. unless agreed otherwise, the Fees for registering contracts for the use and development of the land of another person (Musataha), contracts transferring the share of real property belonging to an heir to the other heirs (Takharuj), gifts, wills, mortgages, debt conversions, family endowments (Family Waqf), and registering the rights of the heirs of tenants, will be paid by the person to whom the rights are transferred; and
6. Fees for dispositions other than those stipulated in paragraphs (1), (2), (3), (4), and (5) of this Article will be paid by the applicant.

Fee Assessment
Article (4)

For the purpose of calculating the Fees payable under this Resolution, the Department will:
1. verify the value of the real property in respect of which the Real Property Disposition
is made; and
2. assess the value of the real property and Real Property Dispositions where such value is undetermined, where it is established that the value stated in the dispositioncontract is less than the market value, or where false information or data is submitted with respect to these real property and Real Property Dispositions.

Evasion of Fees
Article (5)

The following acts will be considered evasion of Fees:
1. providing false information about the value of a Real Property Disposition;
2. acting in a fraudulent manner or using any means whatsoever to evade the payment of Fees; or
3. performing any other act with a view to evading the payment of Fees.

Fines
Article (6)

a. Without prejudice to any stricter penalty stipulated in any other legislation, a person who commits any of the acts provided for in Article (5) of this Resolution will be punished by a ﬁne of double the prescribed Fee.
b. Any real property developer or real estate broker who assists any person under obligation to pay Fees in evading the payment of such Fees will be punished by the same penalty stipulated in paragraph (a) of this Article.

Law Enforcement Ofﬁcers
Article (7)

Employees of the Department determined pursuant to a resolution of the Director General, in coordination with the Director General of the Government of Dubai Legal Affairs Department, will have the capacity of law enforcement ofﬁcers to record the acts committed in breach of the provisions of this Resolution and the resolutions issued in pursuance thereof. For this purpose, they may issue the violation reports required in this regard.

Grievances
Article (8)

Any affected party may submit a written grievance to the Director General against any decision or measure taken against him under this Resolution. The grievance will be determined, within thirty (30) days from the date of submission of the grievance, by a committee formed by the Director General for this purpose, and the decision on the grievance will be ﬁnal.

Payment of Fees and Fines
Article (9)

The Fees and ﬁnes collected by virtue of this Resolution will be paid to the Public Treasury of the Government of Dubai.

Issuing Implementing Resolutions
Article (10)

The Director General will issue the resolutions required for the implementation of the provisions of this Resolution.

Publication and Commencement
Article (11)

This Resolution will be published in the Ofﬁcial Gazette and will come into force on the day on which it is published.

Hamdan bin Mohammed bin Rashid Al Maktoum
Crown Prince of Dubai
Chairman of the Executive Council

Issued in Dubai on 18 September 2013
Corresponding to 13 Thu al-Qidah 1434 A.H.