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    Buyers’ Guide

    This guide is intended to tackle the various aspects and steps of purchasing a property in Dubai. We believe that knowledge is power, so it’s imperative to understand the process from A to Z before you sign the dotted line.

    Eligibility

    Any nationality, whether based overseas or a resident of Dubai, can purchase in the freehold areas of Dubai’s real estate market.

    Documents Required

    •  By an individual:
      • Passports for all Buyers
      • Signed Buyer Agreement known as Form B

     

    •  By a company:
      • Certificate of Incorporation
      • Memorandum and Articles of Association
      • Board Resolution
      • Power of Attorney
      • Signed Buyer Agreement known as Form B

     

    • By an overseas company:
      • All of the above must be attested by the UAE  Embassy
      • Signed Buyer Agreement known as Form B

     

    Residence Visa

    In general, the Dubai Government issues residence visas to new property owners. These will be subject to the current immigration rules and regulations and need to be renewed every 6 months. Under the current regulations, the property purchased should be above 1 million AED to qualify for a residence visa.

    Freehold and Leasehold

    Freehold is available on the majority of developments. However, there are leasehold properties in Dubai with tenure from 30-99 years should that be of interest to any party.

    Mortgages

    A number of financial institutions in Dubai are offering mortgages to non-resident property buyers. In addition, most developers offer attractive deals to buyers with packages having amounts of up to 96% of the property value. The mortgage market in Dubai is a fast growing commercial enterprise and many banks are offering mortgages to non-residents, but there are limits in the type of mortgages available.

    Government Taxation

    The main advantage of buying a property in Dubai is that it is a tax-free region and neither is there a capital gains tax. When the Dubai Lands Department registers the property title, buyers must pay a 1.5% registration fee based on the purchase price.

    UAE Bank Accounts

    To buy a property in Dubai, buyers do not need a local bank account. The services of a local solicitor can be employed who can then receive your transferred funds into a dedicated client account. The solicitor can then arrange for all payments to be made to purchase the property. In fact, if you assign your solicitor as power of attorney, it is not even necessary for you to be present at the time of property transfer. This can make the buying process very simple for overseas buyers interested in the Dubai Real Estate Market. If you would rather have your own bank account, then this option can also be easily arranged through banking partners.

    Fees to Consider

    There are a number of fees involved. To register the property in the new property owner’s name, you are required to pay a transfer fee to either the Developer (Under Construction) or the Dubai Lands Department (Completed) depending on the status of the property. If you’re purchasing with a mortgage, then there is also a payment of 0.25% of the value of the loan to be paid to either the Developer or Dubai Lands Department.

    In addition, should the property you’re buying be complete and already in use, there is a service maintenance fee that must be paid to the seller on a pro rata basis. Helping you through the process of buying from A to Z, we charge fees of 2% of the purchase price to the buyer. This is an agency fee which is payable upon the time of purchasing a property.

    Service Charges

    Service Charges are levied in order to maintain the various common areas and facilities of the community or the building. Generally, it is to ensure that the properties are properly managed and administered. In many of the new property developments and residential buildings throughout Dubai, service charges are levied on the owners by the co-owners associations, and collected by a manager appointed on behalf of the associations.

    In a lease situation, these charges will generally be paid to the landlord. Services charges throughout Dubai vary widely, depending on the area and sophistication of the property in question. Larger community developments also charge their property owners an annual community charge, which is normally paid to the master developer of the project.

    We advise all our Buyers to find out their obligations to their Owner’s Association before purchasing a property.

    Developers’ Obligations

    Developers’ obligations to complete and handover property on time are dealt with contractually under the sale and purchase agreement (or as applicable, the lease agreement). If the property is not yet constructed, the agreement will typically provide an estimated handover date. This will allow the developer a fair bit of latitude in terms of extending the date. As in many other regions, purchasers must be prepared to anticipate possible delays when awaiting possession of a property under construction. Once the property has been handed over, the developer has an obligation to provide a 10-year warranty to maintain the property.

    Warranties

    Warranties covering defects in property are dealt with contractually, but it is common in Dubai for developers to repair general defects for a one-year period. There are codes of standards applied by the Dubai Municipality regarding building permits and contractual clauses. The developer will have to maintain the standards as stipulated in the regulations issued with regard to building construction, and also safety issues.

    In the event of a problem, assistance can be found from the contract entered into with the developer. This may contain building covenants, which often provide a guarantee of workmanship of 10 years. There is also the civil code of the UAE, which contains protection regarding building standards. Under the Civil Code, building engineers and consultants are liable for structural defects to a building for a period of 10 years.

    How Do I Buy a Property?

    Provident Estate will find the property that’s suited to both your needs and wants. Once you have signed this Agent Agreement, the search for your desired and specific property shall begin. Upon finding the property you’re looking for and a price is agreed on with the seller, a deposit amount of 10% of the agreed price is required at the contract-signing stage of the Memorandum of Understanding (MOU) also known as Sale & Purchase Agreement (SPA).

    This deposit is held by us in trust. Once the MOU/SPA has been signed by both you and the seller, we will introduce you to the Conveyancing Partners who will be responsible in aiding you through the process.

    The completion of the procedures will be finalized at either the Developers or Dubai Land Department office. The transfer procedures and requirements are different depending on the status of the property based on whether it is under construction or completed. Our Conveyancing Partner will provide all the guidelines and assistance to ensure the property is transferred into your name as smooth and hassle-free as possible.

    Purchase Time Frame

    Purchases normally take between two to six weeks to complete through our Preferred Conveyance Partners who will handle the process on your behalf until the completion of the transfer.

    Can I Re-Sell The Property?

    You can sell your property to anybody. This means that they will either take over the payments to be made to the Developer should the property still be under construction, or pay 100% amount due to you should the property be completed and fully paid.