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Thursday, December 9, 2010

Steep fine for landlords who don't register with Ejari

Tenancy Contract
New tenants are advised to stay clear of landlords or real estate agents who don't register the lease contract with the new Ejari system to avoid problems with utility connections should authorities enforce the new law in full
Registering tenancy contracts with Ejari, Dubai Land Department (DLD)'s new online portal, is a must under Law No 26 of 2007 which is aimed to regulate landlord-tenant relationships.

Under the Ejari system, made mandatory in March 2010, landlords must first secure Rera approval for their property before leasing it to an individual or turning it over to a property management company.
New tenants presenting a simple tenancy contract to Dewa still get a connection, but that could change. Landlords are obliged to pay the Dh160 Ejari registration fee at the end of the process and failure invites a fine of up to Dh50,000.
Landlords must upload the data for each leased property into the system. Once approved, the Ejari system will print out a new contract which will be the tenant's ticket to get utility connections
Online registration must for lease contracts: Rera
The Real Estate Regulatory Agency (Rera) has announced that from now on all rental/lease contracts for Dubai properties must be registered through its new Ejari online portal.
The announcement makes effective the provisions of Law No 26 of 2007 regulating the relationship between tenants and landlords in Dubai and requires all individuals and companies acting as landlords to register tenancy agreements.
Landlords and tenants who fail to comply with the new ruling will find that their tenancy agreements fall outside the protection offered by the law and government agencies and will not be able to enforce the provisions of the agreements they enter into.
The law clearly states: "Judicial bodies and governmental departments and authorities should not consider any claim, case or execution based on a tenancy contract unless the same is registered with the agency."
Announcing the new ruling and the full activation of Ejari, its state-of-the-art online registration system, Rera called on everyone involved in drawing up and entering into such contracts to ensure full compliance and avoid violation.
Registration through Ejari is a simple process requiring little technical knowledge and only the basic details of agreements are entered. These include information such as details of the property, the name of the rental company and terms of the agreement. Once the agreement is entered into the system and registered, it is allocated a unique barcode that acts as its reference throughout the life of the contract.
What is EJARI
EJARI means ‘My Rent’ in Arabic. But technically it means a revolutionary system that shall move Dubai real estate sector to be one of the best regulated rental market in the world.
EJARI is the new initiative of RERA to regulate and facilitate the Rental Market of Dubai. This is a new system that will make provisions of Law No. 26 of 2007 effective that is regulating the relationship between Landlords and Tenants in Dubai. This will require all individuals and companies acting as landlords to register tenancy agreements using EJARI.
RERA has announced that with the effect of 14 March 2010, all rental / lease contracts for Dubai properties must be registered through its new EJARI online portal. The EJARI electronic registration web service is designed to meet the requirements of the law and RERA’s vision and mission to establish a robust regulatory system for the rental market and protect the rights of everyone involved. .
Its state-of-the-art online registration system offers full protection of their rights to all parties with tenancy agreement. It ensures these rights are recognized, upheld, and enforced by all Government agencies. It establishes full transparency between landlord and tenant, fully integrates rental contracts into the legal framework and opens up the possibility of being able to revise these contracts seamlessly in the event of disputes .
The Ejari system provides a full portfolio of services beyond registering the initial lease agreement. Renewals, cancellations, transfers and terminations can all be logged. Ejari will ensure rental agreements are fair and transparent to the parties involved and that their terms and conditions are given full weight .
How it works?
Registration through Ejari is a simple process requiring little technical knowledge and that only the basic details of agreements are entered. These include information such as details of the property, the name of the rental company, and terms of the agreement. Once the agreement is entered into the system and registered it is allocated a unique barcode which acts as its reference throughout the life of the contract. RERA will keep its own record of the agreement and update changes to the register as these occur.

Wednesday, December 8, 2010

Investors purchase freehold property in Dubai through offshore company now need to set up an offshore firm with Jebel Ali Free Zone (Jafza).

Investors looking to purchase a freehold property in Dubai through a company now need to set up an offshore firm with Jebel Ali Free Zone (Jafza). Titles to freehold properties will not be registered unless a no-objection certificate (NoC) is procured from the free zone.
This follows the signing of a recent deal between the Dubai Land Department (DLD) and the free zone in a bid to maintain a more concise register of land and property transactions. This new policy, however, does not affect the ownership of properties registered in the name of local entities that were issued title deeds prior to October 26, 2010.
Improving transparency
According to Michael Lunjevich, partner and head of real estate at law firm Hadef & Partners, "It's for the Land Department to have some visibility on who the shareholders and directors are in an offshore company. It's very important to know who the beneficial owners are, and the transfer of property shouldn't be allowed off the Register."
While offshore companies were popular among expatriates, particularly the Muslim community, in Dubai owing to uncertainty over inheritance issues in the region, those established in offshore jurisdictions such as the British Virgin Islands (BVI), the Isle of Man and the Cayman Islands also legally avoid having to pay certain types of taxation on profits and income. "Some international investors don't want assets in their personal name since they could get sued internationally for assets you own in a different country. Transferring it from your name will minimise that risk," explains Brent Baldwin, associate at the law firm.
Despite the fact that the Jafza deal is expected to emphasise information access to shareholder details, investors can still ensure that the asset cannot be traced to their name.
"You may still have situations where the Jafza company is owned by an offshore trust or a nominee company. If you structure your investments well, you can ensure that nothing traces back to you. But, it will be more difficult to sell the structure onto someone else. You will have to transfer two companies and many companies may not be willing to take up collective liabilities," suggests Lunjevich.
Stringent reporting norms
Industry experts believe the DLD could make the reporting requirements for existing foreign offshore firms more stringent. "They might introduce more stringent reporting requirements on those grandfather acquisitions. The Land Department may sometimes enable free transition from a foreign offshore company to a local offshore firm, without charging a fee," Lunjevich says.
The nature of offshore firms not needing to disclose details of the beneficiary has lent itself to fraud and money laundering in many instances. "There have been examples where offshore companies, mostly BVIs, collected money for developments, did not put it into an escrow account and the directors disappeared. Whether it was done fraudulently or they were victims of circumstances, I wouldn't want to speculate," Lunjevich adds.

Residency departments will not renew the residence visas of expatriates if they are wanted by police for financial obligations

Residency departments will not renew the residence visas of expatriates if they are wanted by police for financial obligations, Interior Ministry officials said
Residency departments will not renew the residence visas of expatriates if they are wanted by police for financial obligations, Interior Ministry officials said.Residency visas of expatriates, their relatives and their employees will be renewed only after the settlement of the financial disputes.

Several residents told  that their applications to renew their visas were rejected because banks had lodged complaints against them with police, who had issued arrest warrants.Police have instructed residency departments to arrest these expatriates or send them to the authorities.
While this is the rule, Interior Ministry officials said they consider some cases on humanitarian grounds.
Lawyers, however, stressed that the police have no right to ask residency departments to arrest people who have defaulted on bank loans or other financial issues.Residency departments, lawyers said, are administrative units and have no right to arrest or punish people by not renewing their residence visas for such matters.
Major-General Nasser Al Awadi Al Menhali, Assistant Undersecretary in the Ministry of Interior for Naturalisation, Residency and Borders, told  that if banks file a case with police against a person for financial issues, such as delayed payments of loans or bounced cheques and an arrest warrant is out, no transaction is carried out for that person.
He said residency departments do make exceptions.
“We look at the case on humanitarian grounds. We renew the residency visa if the person has a family, wife and children,” he said. “The ministry does not want to increase the number of illegal residents. The residency department does not arrest people if they are involved in bank loans but we ask them to sort the matter out.”

Dr Khalifa Rashid Al Sha’ali, a lawyer and legal expert, told  that when police ask to bar a person from getting his visa, it is meant to pressure him into paying his dues and protect the other party’s rights.‘Illegal pressure’.However, Dr Al Sha’ali said not renewing the person’s residency visa is a kind of punishment or pressure that is illegal and unjustified.
“It is illegal if the residency department does not renew someone’s residence visa if they do not pay their bank loans. There is no article in the law which says residency will not be renewed for not paying banks, for example,” he said.
A businessman told  that this step by the residency department is illogical.
“It punishes the company for an issue that involves the employee. The loan defaulter in turn is punished using a different tool and is made illegal.”

UAE Residency Visa, Labour Card Validity Cut to Two Years

This article describes a major change that happened in January 2011, where the UAE Cabinet officially reduced the validity of the private sector labour card (and consequently the residency visa) from three years to two years.

This change was a significant move at the time, aimed at unifying the visa validity period across different categories and increasing labour market flexibility.

The information is now largely confirmed and standardized under the current legal framework.

Here is the updated status based on the current UAE Labour Law (Federal Decree-Law No. 33 of 2021) and the Unified Visa System (as of 2025):

📅 Private Sector Standard Work Permits Now Uniformly Valid for Two Years

#UAELabourLaw #VisaValidity #TwoYearStandard

The decision made by the UAE Cabinet in 2011 to reduce the validity of private sector labour cards and residency visas from three years to two years is now the standard practice across the majority of the UAE mainland and many Free Zones.

This standardization ensures alignment between the work permit issued by the Ministry of Human Resources and Emiratisation (MoHRE) and the residency visa issued by the Federal Authority for Identity, Citizenship, Customs and Port Security (ICP) or the General Directorate of Residency and Foreigners Affairs in Dubai (GDRFA-D).

Key Provisions Under the Current Law (2025)

Element

Old Rule (Pre-2011)

Current Standard (2025)

Standard Work Permit/Labour Card Validity

3 years (for many professions)

2 years

Standard Employment Residency Visa Validity

3 years

2 years

Standard Employment Contract Type

Unlimited or Fixed-Term (Max 4 years)

Fixed-Term (Maximum 3 years initially)

New Visa Categories

Not applicable

Green Visa (Self-sponsored, 5 years) and Golden Visa (Long-term, 10 years) are now available.

Impact and Rationale (Then and Now)

  1. Flexibility (The Cabinet's Aim): As noted by former MoL and ICP officials, the two-year term enhanced flexibility. It allows both employers and employees to re-evaluate the relationship more frequently without incurring heavy costs for contract cancellation, aligning with the current law's focus on labour mobility and simplified termination procedures (with notice).
  2. Cost Savings (The Cabinet's Aim): The move was designed to save companies money by preventing them from paying three years of fees when a high percentage of employees cancelled their cards early. While the specific figures from 2009 are outdated, the principle of minimizing financial loss on premature contract termination remains a core benefit of the two-year cycle.
  3. Unification: The move successfully unified the duration across most categories, including domestic helpers and general private sector employees, streamlining administrative processes for both MoHRE and ICP.

Notable Exceptions to the Two-Year Standard:

  • Golden Visa Holders: Can receive a 10-year residency visa and a corresponding 2-year work permit (renewable).
  • Green Visa Holders: Can sponsor themselves for a 5-year residency visa for skilled employees or freelancers.
  • Government Sector: Some federal and local government contracts and visas may still be issued for a 3-year term.
  • Elderly Employees: Work permits for employees over the age of 60 are typically renewed annually.

The current standard of a two-year validity for the standard work permit and residency visa is fully established in the UAE.

Would you like an overview of the new Green Visa or Golden Visa categories, which offer longer residency periods than the standard two years?

 

Monday, December 6, 2010

Guideline to register Properties in the name of offshore companies in Dubai