Legal
The freehold property market in Dubai really started in 1998 when the Dubai Marina project was launched. At that time there was no freehold property law, and villas were sold "leasehold", on 99 year leases. In 2002 a decree was issued by the Dubai government granting freehold rights to non-GCC nationals (The GCC is the Gulf Cooperation Council, comprising Saudi Arabia, Kuwait, the UAE, Oman, Bahrain and Qatar.) This provided the impetus that has led to the size and dynamism of Dubai's property market today.
What exactly is freehold in Dubai?
Purchasing a freehold property in Dubai now means that you own the unit (the villa or building) forever ("in perpetuity") - or until you decide to sell it. You are allowed to pass this property to your heirs, and they enjoy the same level of ownership as you do.
Most important for investors, your resale rights are guaranteed, as is your freedom to rent out your property to a third party, though some restrictions apply to individual developments.
You should note that although these are freehold properties, some conditions on their owners apply, because they are "private community" developments. These conditions will restrict what owners can do with their properties, and oblige them to maintain their properties to certain standards, according to the themes and quality of the communities.
When buying an apartment, the nature of ownership is different from that of a villa, because an apartment is a unit in a building. These are normally classed as "common hold". Sale agreements for apartments do, however, usually warrant effective full ownership of the unit, subject to restrictions applying to the building, such as renting out the unit, and making modifications.
Where can you buy freehold properties?
Most property developers in Dubai offer freehold, but so far most of the freehold developments have mostly been limited to the Sheikh Zayed Road, and the area of Jumeirah (including Palm Island). However, exceptions to this include the Arabian Ranches and Emaar Towers in downtown Diera. Other future developments include Nakheel's International City project.
What about buying in other emirates?
So far, the UAE as a whole does not have laws regarding the sale of freehold property to non-GCC nationals. Each emirate makes its own property laws, as Dubai has done. Recently Abu Dhabi announced the availability of freehold, limited to "surface rights" for non-GCC nationals in the Al Raha beach area, outside the main city limits. Ras Al Khaimah, in the north, has created a similar development. The other emirates are expected to follow suit, but there have been no definitive announcements at the federal level yet.
Are property owners eligible for residence visas in the UAE?
Currently, this is the case. Check with us at Dubai Waterfront Properties to learn the latest regulations and conditions.