Law no 3 of 2015 Concerning the regulation of the real estate sector in the emirate of Abu Dhabi

In application of the provisions of this Law, the following terms and expressions shall have the meanings corresponding thereto, unless the context requires otherwise:

Country The United Arab Emirates.
Emirate The Emirate of Abu Dhabi.
Government The government of Abu Dhabi.
Executive Council The Executive Council of the Emirate.
Department The Department of Municipal Affairs.
Competent Entities The Department or the government entity determined by the Department.
Real Estate Register The Real estate register that is established according to the provisions of Law No. (3) of 2005 concerning the regulation of real estate registration in the Emirate of Abu Dhabi.
Real Estate Development Register TThe hand-written or electronic register prepared for keeping all the data and documents related to real estate development projects.
Initial Real Estate Register The hand-written or electronic register prepared for the registration of all dispositions and judgments related to the real estate units sold off the plan.
Licensees The persons who work in the real estate sector and who are licensed by the Department, and they are the Developer, Broker, Brokers Employee Auctioneer, director of the Owners’ Union, Evaluator and Surveyor.
Licence The authorisation issued by the Department which allows the licensees to practice their activities according to the provisions of this Law. The natural or juristic person.
Person The natural or juristic person.
Broker The person who searches, pursuant to a brokerage contract, for a second party to conclude a particular contract and to mediate in the contract negotiations for a commission. The natural person who works for and in the name of the broker to conduct the work of a broker.
Brokers’ Employee The natural person who works for and in the name of the broker to conduct the work of a broker.
Auctioneer The person who is registered with the Department and authorised to sell real estates at auctions.
Surveyor The person who in exchange for a payment determines the dimensions and demarcate the borders of any real estate in order to submit it for registration with the department, except for any person who works for any governmental entity with the same function.
Evaluator The person who gets paid to assess and appraise, or express an opinion on, the value of a real estate and any associated property rights.
Real Estate Development Project The project of constructing multi-storey buildings, or complexes for residential, commercial or mixed purposes and their utilities or the construction of the infrastructure and service facilities in the event of selling vacant lands.
Developer The main developer or the sub-developer.
Main Developer The person who is licensed to practice development works, sell, manage and lease out real estates as a main developer of a real estate development project.
Sub-Developer The person who is licensed to practice development works, sell, manage and lease out real estates in a part of a major complex pursuant to an agreement concluded thereby with the main developer or another sub-developer.
Account Trustee The bank or financial institution accredited by the Department to manage the escrow account of a project according to the provisions of this Law.
Project Escrow Account: The bank account for the real estate development project where the amounts paid by the buyers of the real estate units sold off the plan or the loan payments given by the funders for financing the real estate development project , are deposited.
Mortgage A contract whereby the creditor acquires with regard to the mortgaged property allocated for the settlement of his debt, a real right or a contractual benefit whereby he has priority over ordinary creditors and other creditors who are ranked next in order of preference.
Mortgaged Property : The real estate, the real right or the contractual right related to a property right, encumbered for the benefit of the mortgagee.
Off-Plan Sale The contract whereby the buyer shall be granted property rights to a real estate unit suggested according to the compound plan and the floor plan.
Real Estate All kinds of real estates including lands, buildings and fixtures and properties by allotment including a real estate unit.
Real Estate Unit The apartments, levels, shops and any part of a house (villa) linked to another house or independent, or a vacant land located in a joint property, whether existing or suggested on the compound plan or the floor plan, and are allocated for a commercial, residential or mixed purpose.
Original Real Right The right of ownership.
Musataha Right A real right that entitles its holder to construct a building or plant a land for others.
Usufruct Right A real right that entitles its holder to use a property that belongs to others and exploit the same as long as it is kept as is.
Long-Term Lease The right of lease of which the initial period is no less than 25 years.
Property Right The original real right, Musataha right, usufruct right and long-term lease right.
Owner The person registered according to the provisions of aforesaid Law No. (3) of 2005 as the owner of the real estate or any of the property rights.
Occupant Whoever rents an existing real estate unit or resides or works therein, excluding the owner of the real estate unit or any of the property rights holders.
Owners’ Union The Owners’ Union formed pursuant to the provisions of this Law to manage and operate the common parts including the repair, maintenance and proper utilisation thereof.
Board of Directors The Board elected by the owners according to the provisions of this Law to manage the Owners’ Union.
Director of the Owners’ Union The person who is appointed by the developer or the owners’ union to manage the daily work of the Owners’ Union.
Articles of Association of the Owners’ Union The rules and provisions that regulate the Owners’ Union.
Plans The compound plan, the floor plan, the model plan and the volumetric plan among other plans to be determined by the Department.
Main Development Plan: The plan which determines the real estate which will be developed by the main developer.
Subsidiary Development Plan A subsidiary plan derived from the main plan and determining the real estate to be developed through the sub-developer.
Compound plan The plan which divides the real estate horizontally into two real estate units or more and to common parts.
Floor plan The plan which vertically divides the building or any part thereof as well as the land on which it is located, into two real estate units or more and to common parts, and that by referring to the levels, walls and ceilings.
Model plan The plan which divides the piece of land into many parts without establishing common parts.
Volumetric plan The plan which vertically divides the building or any part thereof as well as the land on which it is located into two volumetric spaces or more without any common parts resulting from such division for the relevant building or land.
Joint Property The whole building or any part thereof, the land or both of them, which is divided into real estate units and a part or more of such building is determined as common parts.
Common Parts The common parts of the joint property, which are allocated to be used by the real estate units• owners and occupants as determined in the floor plan or the compound plan according to the provisions of this Law.
Real Estate Development Project Completion Certificate The certificate issued by the Municipality to confirm the completion of the real estate development project according to the licenses and plans approved by the Building Permits
Volumetric Space Department at the Municipality. The volumetric space shown in the volumetric plan in 3D perspective by using the spatial coordinates.
Service Fees The fees imposed by the owners 1 union on the owners of the real estate units to cover the costs of the common parts management and maintenance.
Compound fees The fees imposed by the developer on the real estate development projects for the use of the infrastructure. services or facflities by the owners or occupants as well as the parts and areas owned by the developer in a real estate development project.
Public Services Any of the following services:

  1. Water networks or water supply.
  2. Gas networks or gas supply.
  3. Electricity networks or power supply.
  4. Air Conditioning.
  5. Water cooling.
  6. Phone service.
  7. Services related to computer data or TV services.
  8. Security services.
  9. Sewage system.
  10. Rain water drainage.
  11. Waste or residues removal or disposal system.
  12. Mail, parcel or merchandise delivery system.
  13. Any other system or service allocated for enhancing
    the utilities of the units or common parts.
Service facilities Water pipes, wires and cables and other facilities including the structural walls, thresholds and ceilings within the perimeter of a particular real estate unit and which may serve other real estate units different than the unit where it is located.
Building Management Regulation The regulation which determines the conditions and obligations related to the management of the building and land covered by the volumetric plan.
Compound Management Regulation The regulation which determines the conditions and obligations related to the management and use of the real estate covered by the compound plan.
Floor Management Regulation The regulation which determines the conditions and obligations related to the management and use of the real estate covered by the floor plan.
Contribution Percentage The percentage allotted to real estate units which shows its share in rights and obligations imposed on all real estate units.

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