Executive Council Chairman's Decision No. (4) of 2011
Concerning the Rules and Procedures for Registering Lease Contracts
in the Emirate of Abu Dhabi
We, Mohamed bin Zayed Al Nahyan, Crown Prince, Chairman of the Executive Council,
- Having reviewed Law No. (1) of 1974 regarding the Reorganization of the Governmental Apparatus in the Emirate of Abu Dhabi and its amending laws,
- And Law No. (3) of 2005 concerning the Regulation of Real Estate Registration in the Emirate of Abu Dhabi,
- And Law No. (19) of 2005 concerning Real Estate Ownership, as amended by Law No. (2) of 2007,
- And Law No. (10) of 2006 concerning the Establishment of the Western Region Municipality and Municipal Council in the Emirate of Abu Dhabi,
- And Law No. (18) of 2006 issuing the Financial System of the Government of the Emirate of Abu Dhabi,
- And Law No. (20) of 2006 concerning the Lease of Premises and the Regulation of the Landlord-Tenant Relationship in the Emirate of Abu Dhabi and its amending laws,
- And Law No. (9) of 2007 concerning the Establishment of the Department of Municipal Affairs,
- And Law No. (10) of 2007 concerning the Abu Dhabi City Municipality and Municipal Council in the Emirate of Abu Dhabi,
- And Law No. (11) of 2007 concerning the Al Ain City Municipality and Municipal Council in the Emirate of Abu Dhabi,
- And based on what was presented to the Executive Council and its approval thereon.
Have issued the following decision:
Article (1)
In the application of the provisions of this Decision, the following words and phrases shall have the meanings assigned to each of them unless the context requires otherwise:
| The Emirate |
: The Emirate of Abu Dhabi. |
| The Department |
: The Department of Municipal Affairs. |
| The Concerned Municipality |
: Abu Dhabi City Municipality, Al Ain City Municipality, Western Region Municipality, or any other municipality that may be established in the Emirate in the future. |
| The Competent Authorities |
: Government departments and authorities responsible for providing services such as gas, electricity, and telecommunications, and any entity whose activity is related to properties subject to the provisions of this Decision. |
| The Competent Committees |
: The Rent Dispute Settlement Committee, the Appeals Committee, and the Cassation Committee formed in accordance with Law No. (20) of 2006 concerning the Lease of Premises and the Regulation of the Landlord-Tenant Relationship in the Emirate of Abu Dhabi and its amending laws. |
| Lease Contract |
: The contract whose term does not exceed four years and is concluded in accordance with the provisions of the aforementioned Law No. (20) of 2006. |
| Lease Contracts Register |
: The register prepared by the Concerned Municipality in accordance with the provisions of Article (2) of this Decision. |
| Lessor |
: The owner of the property or their legal representative. |
| Lessee |
: Any natural or legal person bound to the Lessor by a lease contract. |
Article (2)
The Concerned Municipality shall establish and maintain a register called the (Lease Contracts Register), which shall consist of a set of specially prepared pages, written or electronic, containing the details of the leased property, the Lessor, the Lessee, the lease contract, and any other data specified by the Department.
Article (3)
The Concerned Municipality shall undertake the following:
- Preparing a unified template for the lease contract.
- Forming an administrative body of qualified employees to carry out the registration of lease contracts.
- Providing an automated system for registering lease contracts and establishing a database for all properties designated for lease, their owners, and their lessees.
- Coordinating with all Competent Authorities to link them to the automated system for registering lease contracts.
Article (4)
- All lease contracts existing at the time this Decision comes into force, or those concluded after it comes into force, shall be registered in the Lease Contracts Register. Any amendment to such contracts after their registration shall also be noted in the same register.
- Only lease contracts registered in accordance with the provisions of this Decision shall be recognized before the Competent Authorities. Any transaction requiring a lease contract shall not be accepted and shall be suspended unless it is registered with the Concerned Municipality.
- The Concerned Municipality may suspend the Lessor's transactions related to registering new lease contracts for a non-compliant property if the Lessor violates any provision of this Decision.
Article (5)
All Lessors must register the data of their properties and all valid lease contracts concluded before or after the issuance of this Decision, and register lease contracts upon their renewal or upon making any amendments thereto with the Concerned Municipality, submitting all required documents and papers within six months from the date this Decision comes into force, in accordance with an action plan determined by the Head of the Department. He may extend this period if necessary. Otherwise, the Concerned Municipality shall carry out this procedure and claim all fees and administrative expenses from the Lessor.
Article (6)
- If the failure to register the lease contract or any amendments thereto is due to the Lessor, the Lessee may resort to the Competent Committees to obtain a judgment authenticating the signature on the lease contract and to register it with the competent municipality. The Lessor shall bear the registration fees.
- The Lessee may apply to the Competent Committees to request a temporary measure pending the decision in the signature authentication lawsuit.
Article (7)
- The Director-General of the Concerned Municipality shall issue a decision to form a committee specialized in considering exceptional cases arising from the application of the provisions of this Decision, provided that its recommendations are approved by the Director-General.
- The Concerned Municipality may coordinate with the Competent Authorities regarding the application of the provisions of this Decision.
Article (8)
- The Concerned Municipality shall collect the fees for implementing the provisions of this Decision in accordance with the attached schedule.
- Valid lease contracts concluded before the issuance of this Decision are exempt from registration fees until they are renewed.
Article (9)
The Head of the Department shall issue the necessary decisions to implement the provisions of this Decision, including the procedures to be followed for registration and the data required therefor.
Article (10)
This Decision shall be published in the Official Gazette and shall come into force from the date of its publication.
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Issued by us in Abu Dhabi:
Date: January 13, 2011
Corresponding to: 9 Safar 1432 H
|
Mohamed bin Zayed Al Nahyan
Crown Prince
Chairman of the Executive Council
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Fee Schedule
| No. |
Item |
Fees |
| 1 |
Registration of a lease contract by the Lessor. |
AED 100 |
| 2 |
Amendment of a lease contract by the Lessor. |
AED 50 |
| 3 |
Amendment of a lease contract at the Lessee's request. |
AED 50 |
| 4 |
Renewal of a lease contract by the Lessor. |
AED 100 |
| 5 |
Registration of property data by the Lessor. |
AED 1000 |
| 6 |
Registration of rental unit data and any amendment to property data by the Lessor. |
AED 5
per unit |