DUBAI // Dubai is expected to release a new set of regulations governing the property industry within weeks, in a move to increase confidence in a sector hit by falling prices and a growing number of disputes between investors and developers.
The Government recently published Law 9 of 2009, an amendment that introduced a sliding scale of refunds for buyers who defaulted on their purchase plans for property in off-plan developments.
But the bigger changes are likely to come with the introduction of regulations this summer, possibly as soon as next month, which provide details on how Law 9 and other property laws are to be interpreted and administered going forward.
Law 9 provided the clearest guidelines yet about the issue of defaults and significantly increased the power of the Real Estate Regulatory Agency (RERA) and Dubai Land Department by making them the final judges on every default, and giving RERA the authority to cancel projects.
"The whole purpose is to put the purchaser in a situation of security," said Mohammed Kamal, the head of the property practice at Lovells. "Currently there are some very bad situations where purchasers have no certainty on what is going to happen."
Emad Farouq, a senior legal counsel at the Dubai Land Department, said recently that the new regulations would mostly focus on the procedure for terminating a purchase agreement, the payment of damages, and the rights and obligations of a developer when reselling a unit after a contract was terminated.
One problem with the law by itself is that many cases fall outside of the situations described in its wording. One example is a purchaser who has paid 80 per cent on a home, but defaults on the remaining amount after completion of the unit. Law 9 says in this case, the buyer loses all their money, which would be clearly "unfair", said Michael Lunjevich, the head of the property practice at Hadef and Partners.
In this case, the regulations should spell out a situation where the buyer could still receive the unit and owe the developer the remaining 20 per cent, Mr Lunjevich said.
"The broader regulations being discussed will take into account the totality of the property laws and the overall purposes of the changes," he said.
The regulations are expected to deal with how RERA will assess a project's viability before making a decision on how to cancel it. For instance, RERA might work with third-party experts to determine the viability of projects, Mr Farouq said.
One of the most pressing issues, according to lawyers, is what happens in cases where RERA cancels a project but there is no money left in the escrow account. According to the law, the investors are supposed to receive a complete refund.
"Investors are calling me every week with situations like this," said Ludmila Yamalova, a lawyer with Al Sayyah Legal Consultants and Advocates in Dubai. "There needs to be some kind of mechanism besides just going to court."
Lawyers said possibilities would include a RERA-sanctioned auction of assets such as land or, if the project is further along in development, the sale of an unfinished building to a distressed asset fund.
But not all cases will be resolved to investors' satisfaction. The economy was entering a painful cycle that would see the end of some developers and many investors losing money, said Mr Lunjevich.
"People got caught up in the euphoria of the never-ending boom," he said. "Some people jumped on the boom wagon too late and it is devastating their financial position ... we need to get down to the cold, hard reality of ambitious projects not being built and people losing a lot of money.
"In 12 to 18 months, Dubai will get rid of the bad investors and the bad projects."
@Email:bhope@thenational.ae
COMPANY PROFILE
Name: Kumulus Water
Started: 2021
Founders: Iheb Triki and Mohamed Ali Abid
Based: Tunisia
Sector: Water technology
Number of staff: 22
Investment raised: $4 million
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A MINECRAFT MOVIE
Director: Jared Hess
Starring: Jack Black, Jennifer Coolidge, Jason Momoa
Rating: 3/5
The National's picks
4.35pm: Tilal Al Khalediah
5.10pm: Continous
5.45pm: Raging Torrent
6.20pm: West Acre
7pm: Flood Zone
7.40pm: Straight No Chaser
8.15pm: Romantic Warrior
8.50pm: Calandogan
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Zakat definitions
Zakat: an Arabic word meaning ‘to cleanse’ or ‘purification’.
Nisab: the minimum amount that a Muslim must have before being obliged to pay zakat. Traditionally, the nisab threshold was 87.48 grams of gold, or 612.36 grams of silver. The monetary value of the nisab therefore varies by current prices and currencies.
Zakat Al Mal: the ‘cleansing’ of wealth, as one of the five pillars of Islam; a spiritual duty for all Muslims meeting the ‘nisab’ wealth criteria in a lunar year, to pay 2.5 per cent of their wealth in alms to the deserving and needy.
Zakat Al Fitr: a donation to charity given during Ramadan, before Eid Al Fitr, in the form of food. Every adult Muslim who possesses food in excess of the needs of themselves and their family must pay two qadahs (an old measure just over 2 kilograms) of flour, wheat, barley or rice from each person in a household, as a minimum.
Iftar programme at the Sheikh Mohammed Centre for Cultural Understanding
Established in 1998, the Sheikh Mohammed Centre for Cultural Understanding was created with a vision to teach residents about the traditions and customs of the UAE. Its motto is ‘open doors, open minds’. All year-round, visitors can sign up for a traditional Emirati breakfast, lunch or dinner meal, as well as a range of walking tours, including ones to sites such as the Jumeirah Mosque or Al Fahidi Historical Neighbourhood.
Every year during Ramadan, an iftar programme is rolled out. This allows guests to break their fast with the centre’s presenters, visit a nearby mosque and observe their guides while they pray. These events last for about two hours and are open to the public, or can be booked for a private event.
Until the end of Ramadan, the iftar events take place from 7pm until 9pm, from Saturday to Thursday. Advanced booking is required.
For more details, email openminds@cultures.ae or visit www.cultures.ae
COMPANY%20PROFILE
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The bio
Job: Coder, website designer and chief executive, Trinet solutions
School: Year 8 pupil at Elite English School in Abu Hail, Deira
Role Models: Mark Zuckerberg and Elon Musk
Dream City: San Francisco
Hometown: Dubai
City of birth: Thiruvilla, Kerala
Quick facts on cancer
- Cancer is the second-leading cause of death worldwide, after cardiovascular diseases
- About one in five men and one in six women will develop cancer in their lifetime
- By 2040, global cancer cases are on track to reach 30 million
- 70 per cent of cancer deaths occur in low and middle-income countries
- This rate is expected to increase to 75 per cent by 2030
- At least one third of common cancers are preventable
- Genetic mutations play a role in 5 per cent to 10 per cent of cancers
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strategies
- The total annual economic cost of cancer is $1.16 trillion
COMPANY%20PROFILE
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In numbers: PKK’s money network in Europe
Germany: PKK collectors typically bring in $18 million in cash a year – amount has trebled since 2010
Revolutionary tax: Investigators say about $2 million a year raised from ‘tax collection’ around Marseille
Extortion: Gunman convicted in 2023 of demanding $10,000 from Kurdish businessman in Stockholm
Drug trade: PKK income claimed by Turkish anti-drugs force in 2024 to be as high as $500 million a year
Denmark: PKK one of two terrorist groups along with Iranian separatists ASMLA to raise “two-digit million amounts”
Contributions: Hundreds of euros expected from typical Kurdish families and thousands from business owners
TV channel: Kurdish Roj TV accounts frozen and went bankrupt after Denmark fined it more than $1 million over PKK links in 2013
THE LIGHT
Director: Tom Tykwer
Starring: Tala Al Deen, Nicolette Krebitz, Lars Eidinger
Rating: 3/5
THE SPECS
Engine: 6.75-litre twin-turbocharged V12 petrol engine
Power: 420kW
Torque: 780Nm
Transmission: 8-speed automatic
Price: From Dh1,350,000
On sale: Available for preorder now
THE BIO
Favourite car: Koenigsegg Agera RS or Renault Trezor concept car.
Favourite book: I Am Pilgrim by Terry Hayes or Red Notice by Bill Browder.
Biggest inspiration: My husband Nik. He really got me through a lot with his positivity.
Favourite holiday destination: Being at home in Australia, as I travel all over the world for work. It’s great to just hang out with my husband and family.
Volvo ES90 Specs
Engine: Electric single motor (96kW), twin motor (106kW) and twin motor performance (106kW)
Power: 333hp, 449hp, 680hp
Torque: 480Nm, 670Nm, 870Nm
On sale: Later in 2025 or early 2026, depending on region
Price: Exact regional pricing TBA
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