His Highness Sheikh Mohammed bin Rashid Al Maktoum, Vice President and Prime Minister of the UAE in his capacity as Ruler of the Emirate of Dubai, issued Law No. (2) of 2022 regarding the acquisition of real estate for the public benefit in the Emirate of Dubai, with the aim of ensuring the protection of private property and not affecting or expropriating it except for the public benefit. In return for fair compensation, organizing procedures for expropriating real estate for the public benefit in Dubai in accordance with specific and clear procedures, setting fair rules and foundations for compensation for properties expropriated in the emirate, in line with the best recognized international standards in this regard, and enabling public and private entities in the emirate to implement their projects aimed at to the public good.
The provisions of this law apply to all expropriations that take place on vacant plots of land in Dubai, including special development areas, and free zones, including the Dubai International Financial Centre, provided that the procedures, controls, and requirements for expropriating buildings and facilities erected on plots of land in the emirate, whether they are Completed or under construction, as well as compensation for it, pursuant to a decision issued in this regard by the Chief of the Court of His Highness the Ruler of Dubai.
According to the law, real estate may only be acquired for the public benefit, in return for fair compensation, and in accordance with the rules, principles, provisions and procedures stipulated in this law and the decisions issued under it.
The law stipulated that if part of the property was acquired and the remaining part became unfit for construction or unusable in accordance with the planning and building regulations in force in Dubai, the remaining part of the property is considered to be covered by virtue of the expropriation decision, and the owner in this case bears compensation for The entire property was expropriated according to its appraised value, unless the property owner expresses his desire to keep that part in order to annex it to another adjoining property to become together a single property suitable for construction or usufruct in accordance with the planning and building regulations in force in Dubai. Acquisition and compensation for the part to be acquired only. The Expropriation Committee may allow the possessor to exploit the part legally included in the acquisition for any other purpose in compliance with the planning and building regulations in force in the Emirate, whenever the business need so requires.
The law stipulated that in the Emirate of Dubai, by a decision from the head of the Court of His Highness the Ruler of Dubai, a permanent committee called the “Expropriation Committee” shall be established, provided that in this decision the members of the committee, the mechanism for holding its meetings and making its decisions, the procedures to be followed before it regarding acquisition requests, and other relevant provisions Relationship.
According to the law, the “Expropriation Committee” is exclusively concerned with deciding on the requests for expropriation submitted to it, and for this it has a number of tasks, the most important of which are: requesting the relevant authorities to provide them with financial credits for the project for which the property is to be acquired, approvals, plans, engineering drawings and other documents and special documents In the project, to study it and determine the feasibility and importance of the project, and the extent to which it achieves the public benefit, and study its consistency with the general policy of urban planning and the urban fabric of the area in which the required ownership and the general urban plan of the Emirate of Dubai, and the development benefit envisaged from it.
The committee is also concerned with proposing appropriate planning alternatives to the owner to implement the project without resorting to expropriation, such as allocating alternative lands for the establishment of the project, studying whether the project requires the full or partial ownership of the property, and preparing a list of appraisers, which re-estimate the value of the compensation specified for the expropriated property In accordance with the provisions of this law, and presenting it to the owner of the expropriated property to choose one of the appraisal bodies he deems appropriate, approving the type and amount of compensation determined by the department or appraisal body, as the case may be, and notifying the possessor of it to deposit it in the escrow account in addition to the other expenses resulting from the expropriation that are determined by Commission, which includes advertising expenses and other administrative expenses.
The law defines the procedures for implementing the expropriation decision, objecting to the amount of compensation, and the procedures for deciding on it, as well as appealing the procedures for implementing the expropriation decision, the eviction period, the type of compensation, the conditions for fulfilling the rights established on the property from compensation, and the exploitation of the expropriated property, in addition to the controls for the exploitation of the expropriated property.
Governmental properties affected by acquisition
The law stipulates that if any property owned or allocated to any of the federal or local government agencies is affected by the acquisition, compensation procedures for it shall be carried out in accordance with the applicable legislation and the rules, controls and procedures approved by the Acquisition Committee in this regard.
With regard to the expropriations whose procedures were not completed on the date of enforcement of this law, the provisions of this law shall apply to them, provided that all actions taken in connection with these expropriations are considered valid as if they had been carried out in accordance with the provisions of this law.
reconcile the situation
According to the law, every person who had a property that was acquired before the provisions of this law came into force and did not complete the acquisition procedures and receive the compensation due to him in accordance with the legislation in force at the time of the acquisition, must review the competent government agencies in the Emirate of Dubai to complete all procedures for receiving the compensation due to him, within a deadline It shall not exceed one year from the effective date of this law.
In the event that he fails to do so, all decisions issued for entitlement to compensation shall be considered as if they were not, and the provisions of the new law shall apply to determining the compensation due in this case, provided that in this case it shall be considered for the purposes of determining the type or amount of compensation at the market value of the property on the date on which it was acquired.
The Chief of the Court of His Highness the Ruler of Dubai shall issue the necessary decisions to implement the provisions of this law, and the provisions stipulated in the decree issued on January 1, 1964 regarding the regulation of expropriation for the public benefit and which conflict with the provisions of this law shall be repealed, and any provision in any other legislation shall be repealed to the extent that it It contradicts the provisions of Law No. (2) of 2022 and it will be published in the Official Gazette, and it will come into force from the date of its publication.