Dubai Strata Law needs more clarity – lawyer

Owners’ rights for mixed-use premises such as hotels and buildings that combine residential, retail and commercial sites, appear to be largely absent from Dubai’s Strata Law guidelines, a legal expert has said.

Dubai government’s Land Department yesterday introduced a new regulatory framework, which redefines the rights, responsibilities and obligations of all parties to jointly-owned properties such as apartments, commercial units and master-planned communities.

But further clarity on the laws for mixed-use premises is needed, according to Stephen Kelly, associate and property specialist with Clyde & Co legal consultants.

“Looking at the commentary issued by RERA (Real Estate Regulatory Agency), the focus appears mainly to be on single-use strata schemes,” he said.

“We are still at the position where we need to see the guidelines and the actual enabling regulations themselves to determine where areas of discretion lie [for RERA and the Lands Department].”

Single-use developments include residential apartments, whereas many Dubai developments are mixed-use, combining residential, retail and office premises in the same building.

Despite the strata law announcement, and the commencement of government-run training courses for property stakeholders, such as Owners’ Associations and lawyers, Kelly revealed the guideline documents had yet to be seen.

He explained that hoteliers, facility managers and other affected parties were waiting to see how the guidelines would impact their businesses.

“There are still questions to be answered,” he said.