Law of Apartments Possession in Ras Al Khaimah of 2003
We, Saqr Bin Mohamed Bin Salim Al Qasimi
Ruler of Ras Al Khaimah Emirate & Dependencies Thereof
Based on what had been presented to us by Crown Princ and Deputy Ruler;
And based on what public interest requires;
have promulgated the following Law:
Chapter 1
On Floors & Apartments Ownership
Article 1
1- Each property owner, whether he is natural or legal person, is entitled to register the building erected on his plot, each floor or apartment separately, with Land Department. He can dispose of it individually, therefor, the plot and parts of the building prepared for common usage shall be considered joint property among all owners of floors and apartments and shall be given special number and enrolled in the property’s register. Also, each floor shall be given a serial number so that ground floor shall be given number zero and the immediate above one shall be given number 1 then 2 and so on. As for the lower floors under the ground one, they shall be given numbers -1 then -2 and so on.
Apartments shall be given serial numbers starting with number 1 on the right side of the main entrance then number 2 in anticlockwise direction, so apartment number 1 in floor 1 shall become 11 then 12 and so on. As for the second floor, apartment number 1 shall become 21 then 22 and so on. As for ground floor, apartment number 1 shall become 1 then 2 and so on.
In case of constructing more than one building on the same plot, the building on the right shall be given number 1 then number 2 in anticlockwise direction and so on, and in this case, the building number shall be added to the number of the apartment on the left side, so the apartment number 1 in floor 1 in building 1 shall be 111 and so on and apartment number 2 in floor 2 in building 1 shall be 122.
2- The building parts prepared for common usage shall include the following:
(a) Building foundations and fence surrounding the building.
(b) Ventilation ducts for washrooms and kitchens.
(c) Stairs, lifts, porters’ rooms and parking lots and car parks.
(d) Common heating and cooling equipment and all types of pipes, gutters and sewers except those which are inside the floor or the apartment.
(e) Building Roof.
These parts shall not be subject to consensual or compulsory division nor disposal thereof separately from floors and apartments and shall not separate therefrom in all cases.
1- The word FLOOR shall include each independent unit of the building and not divided into apartments. The word APPARTMENT shall include residential apartments and commercial shops.
Article 2
Every person, whether natural or legal one, may own one or more floors or one or more apartments in the building described in first article.
Article 3
Each owner may use the common parts for what they had been prepared for, provided that it shall not preclude the usage of the remaining owners. It is not permissible for any owner to perform any act that threatens the building’s safety or change the shape or external appearance thereof.
Article 4
Each owner shall bear the equivalent of his share in the building in respect of building maintenance and management expenses, provided that if he caused the increase in expenses, he shall be liable for them alone.
Article 5
Whoever owns floor or apartment in a building, shall have pre-emption right to purchase any floor or other apartment offered for sale, provided that this right shall not arise in sale between spouses or ascendants and descendants or brothers or sisters or their descendants.
Article 6
The pre-emption right shall be abated if the purchaser’s name, address and terms of sale had been notified to owners of other apartments by registered letter with receipt acknowledgment and they did not accept these terms within seven days after notification date. In case the owners of other apartments accept the offered terms, they should notify such seller thereof by registered letter with receipt acknowledgment and execute the terms in Land Department within one week from the date of notifying the offer to seller.
The pre-emption right is indivisible. It shall not be used or abated except in full. If there are multiple holders of pre-emption right, each one of them shall use his right in proportion to shares owned by him and if one of them abated his right, the same shall be divided equally among the remaining holders.
Chapter 2
Floors & Apartments Owners Association
Article 7
If number of floors exceeds four, owners of the same shall legally form association among them to manage the joint property. If owners had added to the joint parts one or more floor or apartment, the Association shall have the right to rent the added parties and collect the rent value thereof and spend the same on managing the joint property for the account of all owners and if something remains, the same shall be distributed to owners, each in proportion to share thereof.
Article 8
If the owner does not pay his share in common expenses or fulfill his pledges towards Owners Association, the manager of association shall have the right to collect the same by official means.
Article 9
If the building is demolished by fire or for any other reason, the owners thereof must rebuild it if the Association decided so by three-fourths majority of votes.
If one of the owners refuses to comply with the Association’s resolution, then he shall be obligated to sell his rights to the remaining owners or some of them for the price determined by Real Estate Evaluation Committee in the Municipality.
Article 10
This Law shall come into force as date of its promulgation.
Saqr Bin Mohamed Bin Salim Al Qasimi
Ruler of Ras Al Khaimah Emirate & Dependencies Thereof
Promulgated by us on this day twenty fourth of Rabi’ Al Awal 1424H.
Corresponding to twenty fifth of May 2003G.