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Real Estate Law in the UAE: Property Rights and Buyer Protections

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Buying property in the UAE is a major investment, whether you are purchasing a home or a commercial asset. The good news: UAE law provides clear protections for property owners, especially when something unexpected happens after the purchase. In this article, we unpack real scenarios faced by buyers and how the law helps resolve them.

How UAE Real Estate Law Protects Buyers

The UAE has built a strong legal framework to protect property purchasers, particularly in Dubai where registration systems and dispute mechanisms are highly structured. The law ensures:

  • Property ownership is officially recognized only through Dubai Land Department (DLD) registration
  • Owners have the right to enforce their registered title
  • Co-ownership disputes can be resolved through the courts
  • Construction quality is subject to strict liability periods

When issues arise, legal remedies are available, but timing and documentation matter.

Why Buyer Rights Matter

Property ownership is often a person’s biggest financial commitment. When a co-owner blocks a sale, when a seller withholds essential documents, or when a building flaw emerges years later, the consequences are serious. Knowing your rights gives you the power to protect your investment early.

Your 'Real' Estate Questions, Answered

1. Can a jointly owned property in Dubai be sold if one co-owner disagrees?

No. A co-owner cannot sell their share of a jointly owned property without the other owner’s consent and official approval. If agreement is impossible, the matter moves to the courts, which can order the property to be sold by public auction. Sale proceeds are then divided based on each owner’s percentage share.

The law recognizes that forced co-ownership should not continue indefinitely.

2. I bought a commercial property, and the seller refuses to provide proper title deeds. Can I enforce ownership rights?

Yes, but the key requirement is DLD registration. Only the Dubai Land Department can issue title deeds. Ownership is only legally complete once the 4 percent registration fee is paid and the transfer is recorded through a trustee registration center.

If you paid the seller without registration, you must now approach the DLD to see if transfer is still possible. If the seller refuses to cooperate or the DLD cannot complete the registration, you may need to file a court case to either compel the transfer or recover your money. Without registration, the seller still holds legal control.

3. I bought a property 4 years ago and discovered construction defects; can I still make a claim?

Yes, depending on whether the issue is structural or minor. Under UAE Civil Transactions Law No. 42 of 2022 (Article 875):

  • Structural defects affecting safety or stability: 10-year liability period from handover
  • Minor or non-structural defects, such as finishes and installations: 1-year limitation from handover, and owners must notify the developer or contractor within that year

So for a 4-year-old property:

  • Structural defects can still be claimed
  • Minor faults are likely outside the legal timeframe

The “decennial liability” rule is designed to protect owners from serious building failures long after moving in.

When a Real Estate Issue Becomes a Legal Case

Some property problems are simply inconvenient. Others become legal disputes that can affect your finances, your ability to sell, or even your right to stay in the home. Seeking legal support early can prevent delays and protect your leverage.

You should consult a lawyer if you are facing any of the following:

  • Co-owners refusing to cooperate with a sale or major decision
  • A seller or developer withholding required documents
  • Tenants failing to vacate a property after purchase
  • Disputes over service charges or homeowners association governance
  • Misrepresentations in the Sale and Purchase Agreement
  • Promised amenities or community features that never materialize
  • Developers failing to remedy issues during the defect liability period
  • Disagreements over boundary lines or allocated common areas

These challenges rarely resolve themselves. The longer they continue, the smaller your window to enforce your rights may become. Acting early not only protects your property, but also your peace of mind.

How LYLAW Can Help Protect Your Property Rights

Our team of experienced real estate lawyers represents clients in:

  • Investor protections, escrow enforcement, and refund claims
  • Sale and purchase disputes, including breach of contract or misrepresentation
  • Claims against developers, contractors, or consultants for delayed or defective delivery
  • Recovery of payments from stalled or cancelled projects

At LYLAW, we ensure that the law protects your investment, not the other way around.

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