Law No. (11) of 2013
Concerning the Regulation of Expropriation for the Public Benefit
We, Khalifa bin Zayed Al Nahyan, Ruler of Abu Dhabi,
- Having reviewed Law No. (1) of 1974 on the Reorganization of the Governmental Apparatus in the Emirate of Abu Dhabi and its amending laws.
- And Law No. (2) of 1971 concerning the National Consultative Council 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 on Real Estate Property, as amended by Law No. (2) of 2007.
- And based on what was presented to the Executive Council, and its approval thereof.
Have issued the following Law:
Article (1)
In the application of the provisions of this Law, the following words and expressions shall have the meanings assigned to each of them, unless the context indicates otherwise:
| The Emirate |
: The Emirate of Abu Dhabi |
| The Executive Council |
: The Executive Council of the Emirate |
| The Competent Authority |
: The Department of Municipal Affairs. |
| Public Benefit |
: Works aimed at serving the community and achieving the public interest, directly or indirectly, as set out in Article (3) of this Law. |
| The Real Estate |
: Lands, buildings, establishments, real estate by designation, or any part thereof. |
| The Register |
: The real estate register established in accordance with the provisions of Law No. (3) of 2005 concerning the Regulation of Real Estate Registration in the Emirate of Abu Dhabi. |
| The Registrar |
: The Director of the Real Estate Registration Department in the concerned municipality. |
| The Owner |
: The owner of the real estate or the owner of any real rights. |
Article (2)
The provisions of this Law shall apply to any real estate for which an expropriation decision for public benefit is issued in the Emirate.
Article (3)
For the application of the provisions of this Law, the following are considered works of public benefit:
1. Construction, expansion, modification, or extension of roads and squares.
2. Water and sanitation projects.
3. Urban planning and improvement of public utilities.
4. Establishment of public transport lines and facilities (land, sea, and air), including the construction, expansion, or modification of bridges, overpasses (level crossings), underpasses, and tunnels.
5. Establishment of parks, markets, mosques, public social, educational, health, and economic service buildings and the like, and projects for the preservation of the country's cultural, historical, and human heritage.
6. Establishment of electrical installations for public lighting, public wired and wireless telephone and telegraph networks, telex, and public radio and television broadcasting networks.
7. Establishment of defense and security facilities.
8. Expropriation of other real estate properties in addition to those necessary for a project, because their remaining in their current state, in terms of shape or area, is inconsistent with the required improvement or development.
9. Any other works deemed necessary by the Executive Council.
Article (4)
- No real estate may be expropriated except for the public benefit and for fair compensation in accordance with the provisions of this Law.
- If the expropriation relates to a part of the real estate, and it is in a condition that allows for the full intended benefit to be obtained, the compensation shall be estimated for this expropriated part. If otherwise, the compensation shall be estimated for the entire real estate.
Article (5)
The decision to expropriate for the public benefit shall be issued by a reasoned decision from the Competent Authority based on a proposal from a government entity, after its approval by the Executive Council.
Article (6)
Within three months of issuing the expropriation decision, the Competent Authority shall do the following:
1. Notify the Owner, and every holder of a right or interest in the real estate, of the expropriation decision and the proposed compensation value.
2. Inform the Registrar in whose jurisdiction the real estate to be expropriated is located with a copy of the expropriation decision to make an entry in the register prepared for this purpose.
3. Post a copy of the expropriation decision in a conspicuous place on or near the real estate subject to the expropriation decision.
4. Publish the expropriation decision in the Official Gazette.
5. Publish the expropriation decision in two widely circulated local daily newspapers, one in Arabic and the other in a foreign language.
Article (7)
After being notified of the expropriation decision and without the permission of the Competent Authority, the Owner or any holder of a real right in the real estate is prohibited from doing the following:
1. Undertaking any act of disposal that transfers ownership or creates new rights over the real estate, granting approvals, or entering into any commitments of any kind that may create rights for third parties over the real estate.
2. Making any improvements or other works on the real estate, whatever their type or nature, except those necessary to maintain public safety.
Article (8)
1. Seven (7) days after publication in the Official Gazette, representatives of the Competent Authority shall have the right to enter the real estate subject to the expropriation decision to carry out surveying, valuation, and boundary marking, and to obtain necessary information and data related to the real estate.
2. If the real estate is occupied, the occupants must be notified at least seven (7) days before the entry date.
Article (9)
Ownership of the real estate for which the expropriation decision is issued shall be transferred to the Government of Abu Dhabi, to be reallocated to the concerned government entity in accordance with the applicable rules, effective from the date the expropriation decision becomes final.
Article (10)
1. The Owner of the real estate has the right to object to the expropriation decision or the estimated compensation within sixty (60) days from the date of notification. The executive regulations shall specify the rules and provisions for objection, acceptance or rejection of the compensation value, and the procedures to be followed in this regard.
2. The Competent Authority may, after the approval of the Executive Council, instead of paying compensation to the owner of the expropriated real estate, offer the Owner to receive all or part of the compensation in kind.
Article (11)
The compensation shall be estimated according to the market value of the real estate at the time the expropriation decision is issued, by a committee determined by the Competent Authority. The executive regulations shall specify the rules and bases for estimating the compensation.
Article (12)
The Competent Authority must respond to the Owner in writing within a period not exceeding thirty (30) days from the date it is notified of the Owner's non-acceptance of the compensation value.
Article (13)
1. The Competent Authority shall provide fair compensation to the Owner within a period not exceeding thirty (30) days from the date the expropriation decision becomes final.
2. If the Owner refuses to receive the compensation or does not designate a place for its payment, the Competent Authority shall deposit the compensation amount in a bank account at a national bank in the Owner's name. The Competent Authority must notify the Owner in writing of the deposit or of the allocation in the case of compensation in kind.
Article (14)
The value of buildings, plantings, or other improvements shall not be included in the estimation of the compensation due for expropriation if it is proven that they were made for the purpose of obtaining compensation exceeding what is due. This is without prejudice to the right of the concerned person to remove these improvements at his own expense, provided that it does not harm the works to be implemented. Any such act or procedure after notification of the expropriation decision is considered an action intended to obtain additional compensation and shall not be included in the estimation of compensation.
Article (15)
The Competent Authority may release the mortgage on the real estate that has been expropriated in accordance with this Law by paying or offering to pay the principal of the debt secured by the mortgage and the interest due thereon up to the date of payment, provided that this does not exceed the estimated compensation value, taking into account the deduction of any amounts already paid from the compensation value.
Article (16)
The Competent Authority must notify the owner of the real estate if the public benefit project for which the real estate was expropriated is cancelled and it cannot be allocated to another project. If the owner wishes to reclaim it, he must express his desire within thirty (30) days from the date of notification, with the obligation to return the compensation amount paid, otherwise his right to reclaim it shall be forfeited.
Article (17)
Anyone who fails to vacate within three months from the date of being notified of the expropriation decision, or who intentionally obstructs the Competent Authority or any of its representatives when carrying out the expropriation or any work related to the expropriated real estate under this Law, shall be punished by imprisonment for a period of not less than three months and not more than six months and a fine of not less than ten thousand dirhams and not more than fifty thousand dirhams, or by one of these two penalties.
Article (18)
The executive regulations of this Law shall be issued by a decision of the Chairman of the Executive Council, based on a proposal by the Chairman of the Competent Authority.
Article (19)
Any text or provision that contradicts the provisions of this Law is hereby repealed.
Article (20)
This Law shall be implemented and shall come into force one month after the date of its publication in the Official Gazette.
Khalifa bin Zayed Al Nahyan
Ruler of Abu Dhabi
Issued by us in Abu Dhabi
On: January 21, 2014 AD
Corresponding to: Rabi' al-Awwal 20, 1435 AH