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Law No. (2) of 2021 on Land Use Change & Planning Requirements and Permitted Use for Buildings We, SAUD BIN SAQR BIN MUHAMED Al QASSIMI, Ruler of Ras Al Khaimah, - After perusal of Constitution; - And Law of Ras Al Khaimah Municipality of 1981, as amended; - And Law No. (2) of 2007 on Establishing Environment Protection and Development Authority in Ras Al Khaimah (EPDA RAK), as amended; - And Law No. (6) of 2008 on Regulating Real Estates Offices in emirate of Ras Al Khaimah; - And Law No. (1) of 2009 on Regulating Buildings in emirate of Ras Al Khaimah; - And Law No. (7) of 2012 on Establishing Executive Council in emirate of Ras Al Khaimah; - And Law No. (8) of 2016 on Regulating Practicing Economic Activities in emirate of Ras Al Khaimah, as amended; - And Law No. (2) of 2017 on Establishing Ras Al Khaimah Economic Zones and Supervising Authority thereof; - And Law No. (3) of 2017 on Establishing Public Services Department, as amended; - And Law No. (8) of 2019 on Regulating the Profession of Construction; - And Law No. (10) of 2019 on Regulating the Profession of Engineering Consultancy; - And after the approval of Executive Council, have promulgated the following law: Article (1) The following words and phrases shall have the meanings assigned hereto unless otherwise required by context: Department: Ras Al Khaimah Municipality Department. Authority: Administrative Authority upon which consideration for real estates improvement shall be devolved. Director General: Director General of the Department. Sector: Sector of Technical Affairs at the Department. Lands Classifications: Approved sorting or use of lands permitted by Department, including residential, commercial, agricultural, industrial, investment residential, commercial residential, governmental or any other use determined by Department. Conditional Uses: Types of lands uses and buildings occupancies authorized to be executed or practiced within definite conditions as they are not originally compatible with the permitted use in an area. Planning Requirements: A set of requirements under which percentage of construction, heights, required car parking and other services shall be determined and they are issued by a resolution from the Director General and based on proposal of the Sector. Grievance Committee: The Committee stipulated in Law No. 1 of 2009 on Regulating Buildings in emirate of Ras Al Khaimah. Article (2) Provisions of this Law shall be applicable to the entire territory of the Emirate including Ras Al Khaimah Economic Zones. However, Executive Council may, upon the Department request, exclude certain bodies from provisions thereof. Article (3) A Committee called “Planning Requirements Committee” shall be established consisting of a president and three members from the Sector, appointed by Director General, in addition to a representative of Public Services Department; to be nominated by Director General of the same and representative of EPDA RAK; to be nominated by Director General of the same, and the Director General shall issue resolution of the Committee’s work system and procedures to be followed before it and the Committee shall undertake the following competences: 1. Review new planning projects and verify the availability of environment requirements therein. 2. Decide on the applications to change the planning requirements of plots; permitted use of buildings and verify conformity of the same with environment requirements. 3. Any other tasks required under the nature of the Committee’s work or assigned thereto by Director General. Article (4) Only, under a resolution from Planning Requirements Committee, planning requirements may be changed for real estates and their conditional uses. However, upon a proposal from the Sector, Director General shall resolve the change and controls conditions. Article (5) A Committee, consisting of a president and three members from the Sector, appointed by Director General in addition to a representative of Public Services Department; to be nominated by Director General of the same and representative of EPDA RAK; to be nominated by Director General of the same, shall be established to consider appeals against resolutions issued by the committee of “Planning Requirements”. Therefore, Director General shall issue resolution of the Committee’s work system and procedures to be followed before it. Article (6) Changing the planning requirements of plots and authorized utilization of buildings may be applied. However, if this change entails an increase in its value, an improvement consideration at 30% of increase shall be levied thereon. Article (7) It is permissible, by resolution from the Executive Council, to impose improvement consideration on built properties and lands which value increases due to public benefit works. The resolution shall determine the public benefit works that cause such consideration to be collected and the percentage thereof from the increase occurred to the property and the authority upon which the consideration shall devolve. Article (8) Owner shall assume fees at 1% of land value to be paid to Department after being sorted or plotted whether the same is performed amicably or under a judicial judgment. In case of multi-owners, each of them shall commit to the fee in proportion to what devolved upon him, in addition to fees of transactions conducted by Sector related to changing planning requirements of plots and permitted use of buildings. Article (9) The Sector shall estimate improvement consideration and due fees under provisions of this law based on technical report that includes value of the property before and after improvement or the main chart of prices approved by the Department. The Sector shall notify the property’s landlord of such estimation within two weeks from the date of issuing the same. The landlord may file grievance against the estimation before Grievance Committee which shall decide on the grievance within one month from the date of submitting it by reasoned decision after consulting the Sector and the grievant shall be notified of the Committee’s decision and reasons thereof immediately upon its issuance and the decision of the Committee shall be final. Article (10) Within sixty days from the date of serving a notice of final valuation of the property, owner is entitled to choose any of the following methods to pay the improvement consideration: 1. Pay the consideration immediately. 2. Pay the consideration in equal installments within the period determined by the Authority, provided that all installments shall be due in case of dispose of the entire property and in proportion to what had been disposed of in case of disposal of part thereof. 3. Pay in rem the full or some of the consideration if the property is a vacant land, under the terms and conditions on which a resolution from Director General of Authority is issued. Article (11) In all cases, the Authority is entitled to collect improvement consideration by way of deducting the same from the compensation for expropriation for public benefit or improvement that it owes to concerned persons. The improvement consideration shall be preferential debt on the property and shall come after judicial expenses and be collected by order on petition from the competent judge. Article (12) Authority entrusted with regulatory business may refrain from licensing erection, elevation or modification of buildings or constructions if concerned parties fail to pay the accrued consideration or installments thereof. Article (13) Government Authorities should notify Department of any change to the use of any property occupied thereby other than the classification approved by the Planning and Survey Division at Department. Article (14) In implementation of provisions of this Law and resolution issued in implementation thereof, Department is entitled to seek the assistance of Government Authorities, public agencies and organizations and RAK Police General Headquarters. Article (15) After serving notification to the concerned parties in the method approved by Director General, staff of Sector and members of committees provided herein are entitled to access real estates and lands located in improvement areas to conduct technical and survey operations and obtain necessary data about those real estates. Article (16) Employees of the Sector shall be empowered with capacity of law officer in catching acts committed in violation of provisions of this law and resolutions issued in implementation thereof. Article (17) Without prejudice to any severer penalty stipulated by any other law, whoever violates planning requirements of plots and permitted use of buildings shall be punished by a fine not less than ten thousand dirhams nor more than one million dirhams before issuing resolution thereof by Planning Requirements Committee. In addition, reasons behind the violation shall be removed on its cost within a month from the date of imposing the penalty. However, the fine penalty shall be doubled if the same violation repeated within a year from committing the previous violation. Article (18) Without prejudice to the provisions of Article 15 and based on proposal from Department, Executive Council shall pass a schedule of fees and another of violations and penalties incurred on violation of this Law provisions. However, the proceeds of these fees and penalties shall devolve upon Department’s treasury. Article (19) Crimes incurred in violation of implementing this Law provisions may be conciliated under the conditions determined by the executive regulation. However, violating party is entitled to grieve before Grievances Committee against the imposed upon him within fifteen days from the date of notifying the same. Therefore, reasoned resolution on the grievance shall be rendered by Committee within a month from the date of receiving it. However, if the Committee’s resolution is inadmissible by the grievant, the same shall be referred to Public Prosecution. Article (20) Any other provision in contradiction with the provisions of this Law shall be repealed. Article (21) This law shall come into force as date of its promulgation and be published in Official Gazette. SAUD BIN SAQR BIN MUHAMED Al QASIMI Ruler of Ras Al Khaimah Promulgated by us on 26th of Jumada 2nd, 1442 A.H. Corresponding to 8th of February 2021
Emiri Decree No. 16 of 2020 On Regulating School Transport We, Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah After perusal of the Constitution; And Federal Law No. 21 of 1995 on Traffic, as amended and Executive Regulation thereof; And Law No. (7) of 2012 on Establishing RAK Executive Council; And Law No. 8 of 2016 on Regulating Practicing Economic Activities in Emirate of Ras Al Khaimah; And Emiri Decree No. 1 of 2008 on establishing RAK Transport Authority; And based on approval of the Executive Council; Have promulgated the following Decree: Article (1) In implementing the provisions of this Law, the following phrases and words shall have the meanings corresponding to each of them respectively, unless context otherwise indicates: State: United Arab Emirates. Emirate: Emirate of Ras Al Khaimah. Authority: RAK Transport Authority. School Bus: Any vehicle licensed or used to transport students from and to schools and nurseries. Electronic Stop Arm: Robotic arm equipped with a board on which the word “STOP” is written in Arabic & English languages and used to give alert when school bus stops for students to embark or disembark. Surveillance Cameras: are technical systems installed inside and outside school buses for control and security protection purposes. Operator: The entity which is authorized by the Authority to practice school transport activity by school buses. Driver: Person holding permit to practice the profession of school bus driver. Supervisor: Person holding permit to practice the profession of school bus supervisor. Article (2) Without prejudice to the provisions of law of regulating practicing economic activities, it is forbidden to practice school transport activity and drive school buses without permit from the Authority. Article (3) The permit term shall be one year and renewable for similar terms, provided that renewal application shall be submitted to the Authority within thirty days from the date of its expiry. In return of issuing the permits, the Authority shall collect fees determined in schedule no. (1) attached to this Decree. Article (4) The Operator shall commit to the following conditions: 1- Use buses that meet safety standards and technical specifications approved by the Authority. 2- Place bus permit clearly inside the bus. 3- Write the phrase “SCHOOL BUS” on all buses in use. 4- Provide buses with electronic stop arm and technical system for communication, navigation, tracking and surveillance cameras inside and outside the bus. 5- Commit to transport students of special needs and provide the bus with equipment and specifications that commensurate with their health status. 6- Appoint general supervisor to supervise all buses and drivers. 7- Appoint at least one supervisor for each bus. 8- Place bus permit clearly inside the bus. Article (5) Second: School bus driver shall commit to the following: 1- Use electronic stop arm and stop the bus alongside the pavement before the students embark or disembark from the bus. 2- Slow down or stop if necessary to allow students to embark and disembark from other vehicles. 3- Not to pass between school buses and pavement while students embark and disembark from the buses. 4- Cover the phrase (SCHOOL BUS) in case of using the bus to practice any other activity. 5- Wear uniform and maintain decent appearance during working hours. 6- Refrain from smoking, eating and drinking while driving. Article (6) The Authority shall undertake periodical monitoring over bus schools to ensure the commitment of the Operators and bus drivers with the conditions stipulated in this Decree and it is entitled to verify the violations committed by such operators and bus drivers with the competent authorities. Article (7) The Authority is entitled to seek the assistance of local government authorities and police in implementing the provisions of this Decree. Article (8) a- Without prejudice to any more severe punishment stipulated by any other law or decree, each person commits any of the violations stipulated in schedule no. (2) attached to this Decree, shall be punished by the fine indicated next to each of them. b- In case the same violation had been recommitted during one year, the fine stipulated in the schedule referred to in paragraph (a) of this article shall be doubled and not exceeding five thousand dirhams. c- In addition to the fine punishment referred to in the paragraphs (a) & (b) of this article, the Authority may take one or more of the following measures against the violator in coordination with the competent authorities in the Emirate. 1- Warning. 2- Suspend the permit for a period not exceeding three months. 3- Cancel the permit The Authority is entitled, upon the request of the party which permit had been cancelled, to issue new permit after elapsing of six months from the date of this cancellation. Article (9) It is permissible, by decision from Director General of the Authority, to suspend or cancel any of the permits issued by the Authority, according to the terms and controls determined by the executive regulation of this Decree. Article (10) Employees and inspectors of the Authority shall be empowered with capacity of law officers in catching acts committed in violation of provisions of this Decree and executive regulation thereof. Article (11) The proceeds of fees and fines collected by this Decree shall devolve upon the Authority’s account. Article (12) Operators and bus drivers shall regularize their status in accordance with the provisions of this Decree within a period not exceeding six months from the date of application thereof. Article (13) Any provision contradicts with the provisions of this Decree shall be cancelled. Article (14) This decree shall come into force from the date of its issuance and be published in the Official Gazette. Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah Issued by us on 18 Muharam 1442 H. Corresponding to 6 September 2020 G.
Law No. 3 of 2021On Imposing Destination Fee in Emirate of Ras Al-Khaimah We, Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah After perusal of the Constitution; And Federal Law No. 3 of 1987 on issuing Penal Code, as amended; And Federal Law No. 11 of 1992 on issuing Civil Procedures Code, as amended; And Federal Law No. 35 of 1992 on issuing Criminal Procedures Code, as amended; And Emiri Decree No. 5 of 2011 on Establishing Ras Al Khaimah Tourism Development Authority, as amended; And after the approval of the Executive Council; Have promulgated the following Act: Article (1) In implementation of the provisions of this Law, the following phrases and words shall have the meanings indicated opposite each of them, unless the context of text requires otherwise: Emirate: Emirate of Ras Al Khaimah. Ruler: Ruler of the Emirate. Authority: Ras Al Khaimah Tourism Development Authority. President: Chief Executive Officer of the Authority. Sales: Services rendered by hotel establishments to their customers and visitors including rooms or hotel apartment fare, food, drinks and recreation activities prices and all other services rendered under tourist custom. Article (2) The provisions of this law shall apply to all hotel establishments in the emirate including those existing in RAK Economic Zones. Article (3) A fee named Destination Fee shall be collected at rate of 7% of total value of sales of hotel establishments to guests and visitors thereof paid already or shall be paid whatsoever the method of payment. The value of this fee shall be added to the total amount that shall be paid by the commodity purchaser or service recipient and it shall be referred to in articles of this law as The Fee. Article (4) Issuance of invoice shall be the incident that creates the fee. If the establishment neglected issuance thereof, the creating incident shall be the delivery of the sold product or service performance. Article (5) The following establishments shall be considered hotel ones: 1- Hotels, hotel apartments, lodges, holiday houses and different facilities thereof. 2- Tourist camps that provide overnight accommodation. 3- Restaurants and nightclubs existing within establishments referred thereto in the previous article that practice their activity by license independent of the license of such establishments. 4- All authorities, companies and corporations operate within the hotel establishment, or render their services or activities to guests and visitors of the establishment. 5- Restaurants licensed to serve alcoholic drinks including restaurants of clubs or any other authorities. 6- Authorities licensed to operate in the emirate in the field of operating land and sea trips and their activity includes serving alcoholic drinks 7- Any authority renders services to guests and visitors of hotel establishments and is independent thereof. Article (6) The Authority may exempt sales of any hotel establishment from being subject to this fee, according to the terms and controls issued by resolution from the Authority Article (7) The establishment, subject to the provisions of this law, shall commit to the following: 1- Transfer the collected or due fees to the Authority before the end of the fourteenth day of the following month of their collection or due. 2- Maintain regular accounting books and records in which all its operations are recorded according to the standard accounting principles. 3- Keep the accounting records for not less than five years. 4- State value of due fee and any other fees in the announced price of the sales and record this clearly in the invoice issued to the guest or service recipient and in all accounting documents, records and books and financial systems used thereby. 5- Prepare monthly statement of all sales thereof and send the same to the Authority on due fee payment date. 6- Approve its closing accounts at the end of each fiscal year by an account auditor licensed to work in the emirate. 7- Provide the Authority with closing accounts and balance sheets within maximum period of six months from the end date of the establishment’s fiscal year. Article (8) If the establishment stopped operating permanently or temporary, the Authority should be notified within one week of this stoppage and reasons thereof and transfer the collected fee for the period preceding this stoppage along with supporting papers and documents. Notification shall be by means specified by the Authority. Article (9) Commitment of any of the following acts shall be considered as evading from fee payment: 1- Failure to abide by the provisions of article 7 of this law. 2- Manipulate accounting statements or provide incorrect, forged or incomplete information, records or statements in respect of sales and percentage due from the fee. 3- Obstruct or prevent the competent employees of the Authority from conducting works of monitoring, inspection and auditing. 4- Notify of permanent or temporary stoppage of practicing the activity on contrary with reality. 5- Perform any other act that would evade fee payment. Article (10) Without prejudice to any more severe penalty stipulated by other law, anyone commits an act of evasion or violated provisions of this law or resolutions issued in implementation thereof, shall be punished by the financial fine stated in violations & fines schedule attached to this law. The fine shall be doubled in case of repeating the same violation during one year from the date of committing the previous one. Imposing this fine shall not prevent collecting the fee due for the Authority. Article (11) In addition to the fine penalty referred to in article (10), the Authority shall be entitled, in coordination with competent authorities in the emirate, to take any of the following procedures against the violating establishment: 1- Close the establishment or one of the facilities thereof for a period not exceeding three months. 2- Close the establishment till it removes reasons of violation. Article (12) Collection of unpaid amounts of fee and fines due to the Authority shall be by a claim made by the President stating therein name of the debtor establishment, legal representative thereof and fee or fine value. This claim shall be considered as writ of execution to be executed by the competent execution judge according to Civil Procedures Law. Article (13) It is permissible to appeal with the President against taken resolutions or procedures under this law within fifteen days from the date of appealed resolution or procedures notice. This appeal shall be decided on within thirty days from the date of submitting it by a committee formed by the President and the issued resolution on the appeal shall be final. Article (14) The employees of the Authority shall be empowered with law officer capacity in proving acts that occur in violation of provisions of this law or resolutions issued in implementation thereof. For this purpose, they are entitled to enter the establishments or any of their facilities, preview books, records, documents and financial systems held thereby and seize the same, make necessary seizure reports in this regard. Article (15) In order to apply provisions of this law, the Authority is entitled to seek assistance of government departments and authorities in the emirate, including RAK Police General Headquarters. Article (16) The proceeds of fee and fines resulted from applying this law shall devolve upon Authority’s account and it may allocate a percentage not less than 20% of fee proceeds to support hotel establishments in the emirate and if the percentage exceeds this, it should be approved by the Ruler. Article (17) The President shall issue necessary resolutions and instructions to implement provisions of this law. Article (18) This Act shall come into force as date of first of May 2021 and be published in the Official Gazette. Saud Bin Saqr Al Qasimi, Ruler of RAK Issued by us on this day eighth of Sha’ban 1442 H. Corresponding to twenty second of March 2021 G.
Law No. ( 2 ) of 2022 Regarding Remote Real Estate Property Dispositions in the Emirate of Ras Al Khaimah
Law No. ( 2 ) of 2022 Regarding Remote Real Estate Property Dispositions in the Emirate of Ras Al Khaimah We, Saud bin Saqr bin Mohamed Al Qasimi, Ruler of Ras Al Khaimah, Having perused the Constitution; The UAE Federal Law of Civil Transactions No. (5) of 1985, as amended; The UAE Federal Law of Commercial Transactions No. (18) of 1993, as amended; The Federal Decree-Law No. (45) of 2021, regarding the Protection of Personal Data; The Federal Decree-Law No. (46) of 2021, on Electronic Transactions and Trust Services; The Ras Al Khaimah Municipality Law of 1981; The Land Grant Law of 1981, as amended; The Law No. (7) of 2012, Establishing the Executive Council of the Emirate of Ras Al Khaimah; The Law No. (9) of 2017, on Regulation of E-Documents and E-Signatures in the Emirate of Ras Al Khaimah; The Law No. (11) of 2021, On Land Register in Emirate of Ras Al Khaimah; The Emiri Decree No. (22) of 2008, on Real Estate Development Escrow Accounts in Ras Al Khaimah, and After the Executive Council’s approval, Enacted the following Law: Article (1) In application hereof, and unless otherwise required by the context, the following terms and expressions shall have the following respective meaning: Emirate The Emirate of Ras Al Khaimah Department Ras Al Khaimah Municipality Department Authority Electronic Government Authority Sector Lands and Properties Sector Register The Real Estate Register Consideration The money mutually agreed upon by the parties in terms of cash as a consideration for the Real Estate Disposition Article (2) Without prejudice to the off-plan sale provisions, an electronic platform for remote real estate dispositions in the Emirate shall be created at the Department and managed and supervised by the Sector. Article (3) The platform must have the necessary and required technical infrastructure to provide the following services and ensure their continuous availability: 1. Creation of a database of properties offered for sale or rent, developers, brokers, real estate valuers, real estate offices and management companies in the Emirate. 2. Verification of the ownership of the real estate property subject to the disposition, its location, the dispositions thereon, the real estate interests thereon, if any, as well as all encumbrances and notes related thereto in the Register and notifying stakeholders with the same. 3. Facilitating, enhancing, and encouraging electronic real estate transactions of all kinds and protecting the rights of parties thereto and the confidentiality of their data and transactions. 4. Instantaneously notifying users of the data and actions that have not been fulfilled. 5. Displaying and making available a user guide to everyone in Arabic and the foreign languages commonly used in the country. 6. Verifying the electronic documents, signatures and stamps as well as ensuring that their elements, validity requirements and protection guarantees are fulfilled and secured. 7. Enabling the Sector to coordinate with the parties to the disposition and all stakeholders related to the real estate property. 8. Providing any other services consistent with the purpose of its creation. Article (4) The Department shall open an escrow account under an agreement between the Department and a bank qualified to manage these accounts, in which Consideration or expedited amount thereof and all fees and expenses related to the completion of the disposal procedures shall be deposited, and the agreement shall determine the conditions for managing the account and the rights and obligations of the parties thereto. Article (5) The Sector shall complete the procedures for remote disposition and registration thereof in the Register and send the title deed along with any other certificates extracted from the Register to the stakeholders after payment of fees and expenses. The commencement of the disposition procedures in paper documents does not preclude its completion through the platform to the extent that the justifications for its completion are satisfied. Article (6) The bank shall implement the operational instructions for the account issued by the Department and pay the Consideration or expedited amount thereof and the fees and expenses to the beneficiary, as the case may be, without restriction or condition, in accordance with the notice received by the Department. The payment may not be refused for a reason attributed to the bank’s relationship with the Department or one of the parties to the disposition. Article (7) If the disposition is a sale with deferred payment or in instalments, the seller may stipulate that the transfer of ownership to the purchaser be suspended until the price is paid in full, even if the sold real estate property has been handed over to him. Article (8) The Authority shall provide the necessary technical support and training for Sector personnel and jointly with the Sector issue the user guide. Article (9) The Director-General of the Department shall issue the necessary decisions in implementation thereof. Article (10) The Executive Council shall issue, pursuant to the Department’s proposal, a schedule of fees for services provided pursuant to this Law. Article (11) This Law shall be effective from 01 /07 /2022 and published in the Official Gazette. Saud bin Saqr bin Mohamed Al Qasimi Ruler of Ras Al Khaimah
Law No. (11) of 2021 On Land Register In Emirate of Ras Al Khaimah We, Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah After perusal of Constitution; And Civil Transactions Law of United Arab Emirates No. 5 of 1985, as amended; And RAK Municipality Law of 1981; And Land Grant Law of 1981, as amended; And Law No. 7 of 2012 on Establishing Executive Council of Emirate of Ras Al Khaimah; And after the approval of the Executive Council; Have promulgated the following Law: Article (1) In implementation of the provisions of this law, the following words and phrases shall have the meanings stated opposite each of them, unless the context of text indicates otherwise: State: United Arab Emirates Emirate: Emirate of Ras Al Khaimah Ruler: Ruler of The Emirate Council: Executive Council of The Emirate Department: Municipality Department Director: Director-General of The Department Sector: Lands & Properties Sector Administration: Registration Administration in The Sector Article (2) In the sector, a register shall be established and named as Land Register. It shall consist of set of cadasters made in paper or electronically that indicate descriptions of each property, its location, rights related thereto and dispositions placed thereon and amendments made thereon successively. The Executive Regulation indicates how registration applications shall be submitted, numbering and maintaining the register and registration procedure therein and documents related thereto and how to maintain them. Article (3) In implementation of the provisions of this law, a real estate unit shall mean each plot located in one cadastral section and owned by one person or persons in common without a part thereof is separated from all parts by public or private ownership or a part thereof has rights for or over it that other parts do not have or imposed thereon. Article (4) The property shall be classified according to its ownership as follows: 1- Government Property. 2- Private Property. 3- Endowment Property Article (5) In the register, a cadaster for each real estate unit shall be established and the details thereof shall be extracted from the chart issued by competent technical authority establishing therein its boarders and landmarks. The register shall have absolute determinative effect in respect of the validity of the data stated therein and it is not permissible to possess it by prescription on contrary with what is established therein. In proving the origin of ownership or right in rem, only title deed extracted from the real estate unit cadaster or certificates extracted from the register shall be accepted. Article (6) 1- If registered real estate unit is divided and each owner has part thereof individually, its cadaster shall be replaced by several cadasters established as per charts supplied by the competent technical authority after payment of the fees and such division shall be mentioned and annotated in the original cadaster and shall be written off not withdrawn from the register. 2- If a building divided into levels and flats for each of them there is an individual owner, each level or flat shall have its own sub cadaster in the property land cadaster and shall be registered in the name of the level or flat owner. 3- In respect of joint ownerships and units sorted based on levels, flats and real estate development areas, shares of partners in common parts shall be recorded and calculation of such shares shall be made by dividing total areas of common parts by total net areas of sorted units multiplied by net area of the unit. Article (7) If more than one unit had been merged and one thereof was carried by accessory right in rem, this right shall extend to include the new real estate unit without approval of the right holder on merging. But if each unit was carried by independent accessory right in rem, rights holders must approve on merging. If a unit carried with accessory right in rem was sorted or divided, this right shall extend to include the whole new real estate units. Article (8) It is not permissible, by all means, to transfer the registered original writings, nor the registers, books and documents related to registration from the Sector, however, the administrative and judicial authorities or experts assigned thereby may review the same or obtain official copies thereof. Article (9) The Sector shall undertake the business of land register and for this purpose, it shall do the following: 1- Document and keep details of real estate properties. 2- Conduct comprehensive assessment of properties and continue updating it. 3- Prepare or approve ideal contracts forms related to real estate dispositions and any other rights related to the property determined by the law. 4- Set rules related to regulating, maintaining and disposal of documents. 5- Set rules related to usage of computer in process of saving and registering details of documenting real estate dispositions and any other rights related to the property determined by the law. 6- Develop, control, supervise and update real estate database in order to approve the same as a basis for National Information System. 7- Conduct studies and issue periodicals specialized in real estate market movements field. 8- Study confirming precarious rights by a title deed according to controls placed by the Council. Article (10) Each real estate area shall have independent map indicating the real estate units located therein and their numbers. Each real estate unit shall have independent chart that indicates its location, boarders, lengths, area, landmarks and establishments thereon and numbers of adjacent units. Registration of areas and real estate units in land register shall not be based upon other than such maps and charts. Article (11) The Director shall issue resolution of determining the authority entrusted with properties survey. Article (12) Foreigners, who are not citizens of the State and citizens of Gulf Cooperation Council Countries, whether they are natural or legal person, are prohibited from acquiring ownership of built properties or vacant lands in the emirate, whatever is the reason of acquiring ownership, except inheritance. This prohibition shall include absolute ownership, bare ownership and usufruct rights and in implementation of this text, the rent that exceeds fifty years shall be deemed as possession. In implementation of the provision of this article, legal person shall mean any company in which citizens of UAE or Gulf Cooperation Council Countries do not possess at least 51% of its capital. Article (13) As an exception of the prohibition prescribed in the previous article, foreigners may acquire possession of built properties and vacant lands in the following cases: 1- Approval of the Ruler on foreigners’ possession in areas determined by him. 2- If possession of the property is for foreign government as premises of its diplomatic or consular mission or residence for head of the mission, under condition of reciprocity or ownership is for one of the international agencies or organizations. Article (14) Rights shall not be established in the cadasters of the register unless they had been arisen or determined by one of reasons of acquiring rights in rem and if this reason is disposition or judgment, a title deed should be issued thereof or already annotated in the register. Article (15) In the event of contradiction among documents registered for one real estate unit, the Sector shall undertake establishing the rights in one cadaster in the name of the one it considers the right holder after examining and studying the contradicted documents and a report of the result of this study shall be attached to the unit’s cadaster. Article (16) Rights may be established by recognized customary document issued before applying Title Deed System and nothing in the registered documents contradicts therewith, according to special conditions and within specified period of which a resolution by the Council shall issue, and such rights shall not be recorded in the register except after approval of the Ruler or his representative. Article (17) Occupant of the real estate unit should, whatever the reason of occupancy, enable employees assigned to conduct survey works to set the boarders of the unit and the police shall enable such employees to perform their duty. Article (18) No change may be made on the data stated in the register except by documents signed by the parties thereof before the Sector and issued by the one who has the right of disposition in the rights established in the register or by judgment or resolution issued by the competent court. The Sector may, on its own or upon the request of concerned persons, correct the material errors in the register’s details and the person whose rights had been changed, removed or corrected shall be notified of every entry, erasure, annotation or correction and all of this shall be included in the title deed. Procedures of recording, changing, annotating and correction shall be determined by resolution from the Director. Article (19) Owners of real estate units should notify the Sector of each change made to the unit due to addition of buildings or establishing major details, or modifying or removing the same, within three months from occurrence of change and a declaration containing changes and license thereof shall be attached with the notice and the details of the register shall be amended accordingly. Article (20) If it is found that there are changes in the property not recorded in the register and the Sector was not notified thereof, such changes shall be established in the register by a resolution issued by the Director of Sector along with obligating the owner who failed to notify to pay a fine amounting to half percent of these changes’ value, provided that it shall not be less than five thousand dirhams and not exceeding one hundred thousand dirhams and this resolution shall be deemed final. The Director is entitled to exempt or reduce the fine in case of presenting acceptable excuses. Article (21) A copy of the cadaster shall be submitted to each owner and such copy shall be named as “Title Deed” and in case two persons or more own a property jointly, each one of them shall receive copy of the document in the name of all joint owners after payment of determined fee. It is not permissible to deliver other copy of this document except in case the first copy is damaged or lost and this shall be by a resolution from the Sector’s Director and the copy shall be given after payment of determined fee. Article (22) The Administration shall, whenever requested from it, deliver to any person a certificate of the details recorded in the register in respect of any real estate unit after payment of determined fee. Article (23) All dispositions that would establish, transfer, change or remove one of the original real estate rights in rem, as well as the judgments that establishing such thing, should be recorded in the land register. Non recording shall resulted in that mentioned rights shall not be established, transferred, changed, removed and shall not be a legal argument neither among concerned persons nor others and this provision shall apply to real estate division even if the subject matter thereof is inherited funds. Unregistered dispositions shall not have any effect except personal commitments among concerned persons. Article (24) Leases and time conditioning and lending for use division and deeds that have benefit for the property should be recorded in the unit’s cadaster if the period thereof exceeded ten years and the value of the clearances and transfers exceeded the rent of five years in advance, as well as final judgments that established something like this and the non-recording thereof shall result in that they shall be inapplicable to third parties in whatever exceeds these two periods. The term of the lease contract shall not exceed ninety-nine years and in case of determining longer period, such period shall be reduced to this limit. Article (25) All dispositions that create, determine, transfer or remove any of the real estate accessory rights in rem should be recorded as well as final judgments that established something like this and assignment declarations for recording any of these rights and non-recording shall result in that these rights shall not be legal argument neither among concerned persons nor others. Article (26) The heir should register the heritage right if the succession includes real estate rights in rem by registering the deed that establishes the heritage right along with succession lists that must include the share of each heir. No disposition by the heir may be recorded according to the provisions of the previous clause except within the limits of his legal share in each unit. Article (27) It is not permissible to record any disposition of any of the properties on which endowment ended except after registering cancellation thereof. Article (28) Applications of the cases related to real estate right in rem or validity or enforceability of one of the dispositions that should be recorded and preemption cases should include changing the details of the register and the case shall not be accepted except after submitting a certificate of annotation the content of the applications in the register. For the cases being considered at the time of applying this law and the pleading thereof has not been registered, it is not permissible to proceed in considering them unless the final requests therein include changing the details of the register and after annotating the content of the applications in the register. Plaintiffs in these cases shall be granted two weeks from the date of applying this law to request this annotation and if a certificate of this annotation is not submitted in the first hearing after the expiry of this date, the case shall be suspended. The text of the final judgment issued in such cases shall be annotated in the register. Article (29) Annotation of cases in the register shall resulted in that the right of the plaintiff if established by a judgment annotated as per law within five years from the date of being final, shall be legal argument against those who have rights and details that serve their interest had been established in the register as date of annotating in these cases and the period of the five years shall start from the effective date of this law for the final judgments existing at the issuing date thereof and which cases had been annotated as per Lands Grant Law of 1981. This right shall not be legal argument against third party who gained his right in good faith before occurrence of annotation. Article (30) Procedures of registration, changing and correction shall be taken upon the request of the concerned persons or their representative and the requests shall be recorded as per date and time of submitting them in a register prepared for this purpose in the Administration according to serial numbers. In this register, steps taken in respect thereof shall be indicated and the executive regulation sets out the form of the register and procedures. Article (31) Application for registering in the register should include, in addition to what is required by law in special cases, the following details: 1- Subject of registration application. 2- Details of each of the disposition parties, particularly his full name, surname, nationality, place of residence, number and details of his ID or passport. 3- Names and capacities of those who represent others, extent of their powers, and documents proving this. 4- Necessary details of the property, subject matter of the registration application, particularly its location, type, landmarks, area, boarders and dimensions. 5- State the real estate rights in rem that are due to or against the property, if any. 6- Price or consideration, if any. 7- Documents that prove the ownership or the right in rem, subject matter of registration application, particularly number and year of issue of title deed. Application for registering in the register should be attached with title deed or equivalent thereof and all papers and documents that support the details stated in the application, according to what is determined by the executive regulation of this law, within fifteen days from the date of submitting it and this period may be extended to similar periods if the concerned person gives acceptable excuse, and the registration application that does not meet the required documents shall be considered null and void. Article (32) Application shall be crossed off if the writing had not been recorded in the register within one year from its submission date as the application did not meet the stipulated papers and procedures, however, this period may be extended to another year only if the concerned person submits a request to extend it at least two weeks prior to its expiry date and after payment of the determined fee. Article (33) If more than one application in respect of one property had been presented, these applications should be considered according to precedence of their registration and if the procedures of the earlier application failed to be completed due to deficiency or fault in the details or papers, the concerned person shall be notified to avoid this deficiency or fault within fifteen days from the date of receiving the notice otherwise the precedence of his application shall be crossed out by reasoned resolution from the Administration which shall proceed with the procedures of the following application in the precedence order. Article (34) A Person, whose application annotated to complete statement which he sees no reason for it, or whose application or precedence had been crossed off, may grieve to Sector’s Director within ten days from the date of notifying him of the resolution provided that he shall state in the grievance pleading the reasons on which he relied. Examining the following applications in precedence order shall be suspended till reasoned decision issued in respect of the grievance during one week. Article (35) After the application met all legal conditions for registration, the final contract shall be made on the form prepared or approved by the Sector. The Sector shall ratify signatures of the parties thereof before the Sector after verifying their identities. If a judgment is issued in respect of the disposition, the execution form thereof should be attached with the papers. Article (36) An initial land register shall be established in the Sector consisting of set of paper or electronic cadasters maintained with the Sector in which off-plan sale contracts of properties and other legal dispositions shall be established before transfer the same to the land register. Article (37) The main or sub developer should record his units in the initial land register before commencing off-plan sale thereof and all dispositions on the real estate units which had been off-plan sold should be registered, and such sale and other legal dispositions that transfer or limit the title or any of the rights subordinating thereto shall be void if not recorded in such register. The developer shall register the dispositions conducted before applying this law within a period not exceeding sixty days from the effective date thereof otherwise his right of off-plan sale shall be abated in respect of the units that had not been disposed of. Article (38) Application of registering the real estate unit in the initial land register shall be submitted on the form prepared for this purpose, provided that necessary details, documents and fees shall be met according to the procedures applied with the Sector. Article (39) It is permissible to dispose of the real estate units sold off-plan and registered in the initial land register by sale, mortgage or other legal dispositions upon the approval of the two parties of the contract and it is prohibited for the developer to receive any fees on sale or re-sale and other legal dispositions on such units with exception of the expenses received by the developer from third parties and approved by the Sector. Article (40) Developers should register completed projects in land register with the Sector immediately upon obtaining performance certificate from the competent authorities and this shall include registering units sold in the name of the purchasers who met their contractual obligations. The Department, upon the request of the purchaser or on its own, shall register in land register the real estate units registered in the initial land register or sold off-plan before applying this law in the name of the purchaser provided that he had met his contractual obligations. Article (41) Whoever recorded unlawfully a deed to usurp a property owned by other person or gain right in rem thereon or attempted to do so, shall be punished by imprison and fine or any of these two punishments without violating any more severe punishment stipulated by any other law. Article (42) Anyone evaded from paying fees prescribed by this law or attempted to do so shall be punished by a fine equivalent to double of the due fee, provided it shall not be less than five thousand dirhams. Article (43) Sector’s employees, who are designated by a resolution from the director, shall empowered by the capacity of law officer to seize acts committed in violation of provisions of this law and resolutions issued in implementation thereof. Article (44) Competent authorities shall proceed to present the details and papers related to registration procedures immediately upon requesting them by the Administration, as well as in cases where the law requires presenting them. Article (45) By resolution from the Council, and upon proposal of the Department, schedule of fees and another schedule of violations and fines resulted thereon shall be issued and the proceeds of these fees and fines shall devolve upon Department’s treasury. Article (46) The Council shall issue the executive regulation of this law upon the proposal of the Department. Article (47) Every other provision that contradicts with the provisions of this law shall be cancelled. Article (48) This Law shall come into force as date of its issuance and be published in the Official Gazette. Saud Bin Saqr Bin Mohamed Al Qasimi, Ruler of Ras Al Khaimah Issued by us on this day fourteenth of Safar 1443H. Corresponding to twenty first of September 2021 G.
Law No. 8 of 2021On Regulating Occupation of Some Properties in Emirate of Ras Al Khaimah We, Saud Bin Saqr Bin Mohamed Al Qasimi Ruler of Ras Al Khaimah After perusal of the Constitution; And Federal Law No. (8) of 1980 on regulating Labor Relations; And Federal Law No. (5) of 1985 on issuing Civil Transactions Code; And Federal Law No. (3) of 1987 on issuing Penal Code, as amended; And Federal Law No. (11) of 1992 on issuing Civil Procedures Code, as amended; And Federal Law No. (35) of 1992 on issuing Criminal Procedures Code, as amended; And Ras Al Khaimah Municipality Law of 1981, as amended; And Emiri Decree No. (2) of 2012 on Forming Special Judicial Committee in Real Estate & Rental Disputes in Emirate of Ras Al Khaimah, as amended; And Law No. (7) of 2012 on Establishing Executive Council in Ras Al Khaimah; And Law No. (2) of 2017 on Establishing Ras Al Khaimah Economic Zones and Supervising Authority thereof; And after approval of the Executive Council. Have promulgated the following Act: Article (1) The following words and phrases shall have the meanings indicated opposite each of them, unless the context of text requires otherwise: State: United Arab Emirates. Emirate: Emirate of Ras Al Khaimah. Council: Executive Council of The Emirate. Department: Ras Al Khaimah Municipality Department. Director-General: Director-General of The Department. Committee: Real Estate & Rental Disputes Settlement Committee in Ras Al Khaimah. Shared Accommodation: A leased property used by number of persons who are not relatives within the accommodating capacity thereof which shall be determined by a resolution from the Director-General. Article (2) Provisions of this law shall apply to entire territory of the emirate including Ras Al Khaimah Economic Zones. The Council may, upon the request of the Department, exclude certain authorities from the provisions thereof. Article (3) It is prohibited to rent, lease or allocate properties or parts thereof for collective accommodation and the Director-General shall issue a resolution of determining family accommodation areas and what is considered collective accommodation. Article (4) Property may be rented as shared accommodation for non-workers, provided that this shall be stipulated in lease contract, in places other than those where such accommodation is prohibited and to be determined by resolution from the Director-General. Article (5) properties which are used as accommodation for workers’ gatherings should meet the following conditions: 1- The general standards for labor accommodation in the State and Emirate. 2- Terms and specifications stated in building terms & specifications regulation in the emirate. 3- They should be outside family accommodation areas with exception of old residential areas until they are re-planned and renovated. 4- Any other terms determined by a resolution from the Director-General. Article (6) In case of existence of collective or workers’ gatherings accommodation within family accommodation areas or shared accommodation in unauthorized places, the Department shall prove the incident and warn the violator to evacuate the housing within thirty days from the date of receiving the warning notice. In case of not removing reasons of the violation within this period, evacuation shall be carried out at the expense of the violator by order on petition issued by Head of the Committee based on a report from the Department. Article (7) The owner of the property or his representative should state clearly in the lease contract of workers’ gatherings accommodation the purpose of the lease, area of the leased property accurately, its annexes, facilities and number of workers who will live therein. Article (8) A fine not exceeding fifty thousand dirham shall be imposed on each one who: 1- Used a property or any of its annexes as collective accommodation within the emirate. 2- Used a property or any of its annexes as shared accommodation in unauthorized places. 3- Used, leased or rented a property as accommodation for workers’ gatherings within areas allocated for family accommodation. 4- Stated incorrect details in the contract of workers’ gatherings accommodation in respect of area, annexes and facilities thereof and number of workers to live therein. 5- If shared, collective or workers’ gatherings accommodation has not been evacuated within thirty days from the date of warning him by the Department. And in all cases, the accommodation shall be closed and it shall not be permitted to open it except if it has been prepared for legitimate purpose. Article (9) Whoever committed any of the following acts shall be punished by imprisonment and fine or any of these two penalties: 1- Caused violent disturbance or noise in workers’ gatherings accommodation that disturbs the residents’ comfort. 2- Put in the windows of workers’ gatherings accommodation or walls thereof things that harm public health or distort the general appearance. 3- Sat or slept on sidewalks or paths surrounding workers’ gatherings accommodation. 4- Threw waste materials of workers’ gatherings accommodation in properties neighboring thereto or public road. 5- Exploited workers’ gatherings accommodation in purpose other than the intended one or accommodated number of workers greater than the number stated in lease contract. Article (10) The penalties stipulated in this law shall not prejudice any more severe penalty stipulated by Penal Code or any other laws. Article (11) Employees of the Department, designated by resolution from Attorney General based on suggestion of the Department, shall be empowered with capacity of law officer in proving acts committed in violation of provisions of this law and resolutions issued in implementation thereof. In order to do this, they shall be entitled to receive complaints submitted in this regard and enter workers’ gatherings accommodation and different facilities thereof and make necessary violation reports. Article (12) In order to implement the provisions of this law, the Department shall be entitled to seek assistance of government authorities in the emirate, including policemen and these authorities shall provide support and help to the Department, whenever requested. Article (13) Owners and tenants of houses used as collective accommodation or for workers’ gatherings shall reconcile their positions in accordance with provisions of this law within maximum period of six months from the date of issuing it. Article (14) Reconciliation may be made in crimes stipulated in this law against payment of quarter of the maximum limit of fine and removal of violation’s reasons. Article (15) Director-General shall issue the necessary resolutions to implement this law. Article (16) Each provision contradicts with provisions of this law shall be cancelled. Article (17) This Act shall come into force as date of its issuance and be published in the Official Gazette. Saud Bin Saqr Bin Mohamed Al Qasimi, Ruler of Ras Al Khaimah Issued by us on this day eighteenth of Dhu Al-Hijjah 1442 H. Corresponding to twenty eighth of July 2021 G.