BSA Ahmad Bin Hezeem & Associates

Real Estate

The Real Estate sector is of great significance in the UAE and considerable efforts have been made by UAE authorities in recent years to regulate the local real estate market. Legal frameworks throughout the UAE have developed through the enactment of a series of laws and regulations and provided clarity and certainty in a number of areas.

These areas include the foreign ownership of real estate property, the registration and transfer of off-plan and completed property and the mandatory requirements for property developments such as a project escrow account, the sub-division and strata arrangements of property and its common areas in the form of the Jointly-Owned Property Directions of Dubai.

We advise a wide range of industry sectors including hotel and leisure, tourism, retail and investment/finance. Our real estate clients vary from individual purchasers to large and mid-sized developers and include real estate financial institutions, contractors, real estate brokers and government bodies across the UAE.

Our Real Estate team has extensive experience in all areas of real estate law, transactions, investment and development in the UAE and works closely with our Construction, Litigation and Banking & Finance practice areas in order to provide the full range of legal services to our clients on local and regional property development.

OUR KEY AREAS OF EXPERTISE IN THIS AREA INCLUDE:
  • Conveyancing – the acquisition and disposal of all types of property including all due diligence work
  • Leasing arrangements (short and long term for residential, commercial and retail) and all related landlord and tenant work
  • Real Estate Management
  • Advising on Real Estate Financing options
  • Real Estate Arbitration, Litigation and Dispute Resolution
  • Project initiation including the licensing and registration of developers, projects and property with the relevant authorities and advising on the rules (and providing assistance) in opening escrow accounts
  • Structuring of mixed-use developments with jointly-owned property including strata arrangements
  • Drafting all real estate related document such as sale and purchase agreements, sub-division and strata documentation, leases, joint venture agreements and default and other legal notices.
LICENSING OF REAL ESTATE VENTURES

Different types of real estate activities require you to obtain different types of real estate licence in accordance with the rules and regulations set by RERA. Our experienced Real Estate lawyers have an in-depth understanding of the intricacies surrounding these licencing requirements, and have assisted with the set up and licencing of numerous real estate businesses as well as advising on suitable financing.

STRATA AND MIXED USE PROJECTS

The Jointly-Owned Property Directions (the enabling regulations of Law No. 27 of 2007 Concerning Ownership of Jointly Owned Properties in Dubai, also known as “Strata Law”) set out detailed requirements in relation to the management, operation and maintenance of all jointly-owned property in single and mixed-use developments. Our lawyers advise clients on the requirements and implications brought about by the introduction of Strata Law in relation to drafting of compliant documentation, such as sale and purchase agreements, master community declarations, owners’ association constitutions and building management statements, with a view to gaining final approval by RERA.

REAL ESTATE LITIGATION & DISPUTES

Our litigation lawyers are able to handle all types of real estate and property related litigation matters, including disputes stemming from the acquisition of commercial, residential and mixed-use real estate, disputes between property and joint venture partners, between developers, contractors and investors and disputes arising from the sale of commercial, residential and mixed-use real estate.
Our professionals are qualified to appear in the courts and tribunals of the UAE including the Federal Supreme Court and the Court of Cassation in each Emirate.

TENANCY ADVICE AND DISPUTES

Our Real Estate team advise on a diverse range of issues relating to long-term leases and short-term tenancies, whether residential, commercial or retail. We provide general landlord and tenant advice and where necessary, representation in dispute resolution matters, extending to all forms of tenancy and rental disputes, such as contested/uncontested lease renewals, and disputes concerning lease termination, rent review, assignments, sub-letting and the provision of services.

Jimmy Haoula

Jimmy Haoula

Managing Partner

John Peacock

John Peacock

Senior Associate

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