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:
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
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.
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.
The property shall be classified according to its ownership as follows:
1- Government Property.
2- Private Property.
3- Endowment Property
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.
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.
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.
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.
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.
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.
The Director shall issue resolution of determining the authority entrusted with properties survey.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
It is not permissible to record any disposition of any of the properties on which endowment ended except after registering cancellation thereof.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The Council shall issue the executive regulation of this law upon the proposal of the Department.
Every other provision that contradicts with the provisions of this law shall be cancelled.
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.