Consultation Paper No. 4 of 2024 - Enhancements to Real Property Regulations and Off-Plan Development Frameworks

CONSULTATION PAPER
NO. 4 OF 2024
Enhancements to the Real Property Regulations and Introduction of Frameworks for Off-Plan Development and Registration of Professionals 27 May 2024

Consultation Paper No. 4 of 2024
CONTENTS
Introduction .............................................................................................................................. 3
Why are we issuing this paper? .......................................................................................... 3
Who should read this paper? .............................................................................................. 3
How to provide comments ................................................................................................... 3
What happens next? ............................................................................................................ 3
Scope and Approach to the Proposed Amendments ............................................................ 5
Amendments to Real Property Regulations 2015 .................................................................. 6
CURRENT POSITION ............................................................................................................ 6
PROPOSED CHANGES ........................................................................................................ 6
Introduction of an Off-Plan Development Framework ..........................................................13
PROPOSAL ..........................................................................................................................13
Introduction of Off-Plan Development Project Accounts .....................................................21
PROPOSAL ..........................................................................................................................21
Introduction of Off-Plan and Real Property Professionals Regulations .............................27
PROPOSAL ..........................................................................................................................27
Proposed Amendments and Enactments ..............................................................................31

Consultation Paper No. 4 of 2024
Why are we issuing this paper?
The Abu Dhabi Global Market (“ADGM”) Registration Authority (“RA”) has issued this Consultation Paper to invite public feedback and comments on proposed amendments to ADGM’s Real Property Regulations 2015, as well as the introduction of certain new regulations and rules introducing frameworks for off-plan development and registration of off-plan and real property professionals. The proposals are set out in Annexures A to C and Appendix 1 to this Consultation Paper. Who should read this paper? The proposals in this Consultation Paper would be of particular interest to off-plan developers and buyers, banks offering escrow services, landlords and tenants of residential units, and more generally to all individuals and organisations with a presence in the ADGM and their professional advisors. How to provide comments All comments should be in writing and sent to the address or email specified below. If sending your comments by email, please use the Consultation Paper number in the subject line. If relevant, please identify the organisation you represent when providing your comments. The RA reserves the right to publish, including on its website, any comments you provide, unless you expressly request otherwise at the time of making any comments. Comments supported by reasoning and evidence will be given more weight. What happens next? The deadline for providing comments on this proposal is 19 June 2024. After receiving your comments, we shall consider whether any modifications are required to the proposals and the ADGM Board and the RA will then proceed to enact the proposals in their final form. You should not act on these proposals until these proposals are finalised, and the final legislation and any accompanying guidance are issued by the ADGM Board and the RA. We shall issue a notice on our website when this happens. Introduction

Consultation Paper No. 4 of 2024
Comments to be addressed to:
Consultation Paper No. 4 of 2024
Registration Authority
Abu Dhabi Global Market Square Al Maryah Island PO Box 111999 Abu Dhabi, UAE Email: ra.consultation@adgm.com

Consultation Paper No. 4 of 2024

1. This Consultation Paper aims to explain the proposed:
   a. amendments to the following regulations:
   i. Real Property Regulations 2015;
   b. enactment of the following regulations and subordinate rules:
   i. Off-Plan Development Regulations 2024;
   ii. Off-Plan Development Regulations (Project Account) Rules 2024; and
   iii. Off-Plan and Real Property Professionals Regulations 2024.
2. Briefly, the proposed changes include:
   a. Amendments to the existing Real Property Regulations 2015 to include (i) protections for lessors and lessees under short-term residential leases, and (ii) transitional provisions for Al Reem Island. b. The introduction of a framework for off-plan development, including escrow arrangements.
   c. The introduction of a framework for registration of off-plan and real property
   professionals providing their services within ADGM. d. The proposals are benchmarked against, and to a great extent aligned with, the positions in the Emirates of Abu Dhabi and Dubai.
3. Drafts of the amended and new ADGM regulations can be found in Annexures A to C.
   Drafts of the proposed ADGM rules can be found in Appendix 1.
   Scope and Approach to the Proposed Amendments

Consultation Paper No. 4 of 2024
CURRENT POSITION

1. Due to ADGM’s geographical expansion into Al Reem Island, pursuant to UAE Cabinet
   Resolution No. 41 of 2023, the Real Property Regulations 2015 require amendments to close legislative gaps, which will include, among others, (i) protections for lessors and lessees under short-term residential leases, and (ii) transitional provisions for Al Reem Island.
2. The proposed enhancements are summarised in the following, but for a more detailed review
   of the proposed changes, we refer to the draft proposal in Annex A.
   PROPOSED CHANGES
   Short-Term Residential Leases
3. A short-term residential lease is defined as a lease of real property for use as a residential
   dwelling with a term exceeding 6 months and less than 4 years. This 6-month minimum is to exclude holiday homes and other short-term lets which should not benefit from the protections provided to tenants of residential leases (e.g., security of tenure and rental caps).
4. The proposed amendments require short-term residential leases to include, in order to be
   registered with the Registrar:
   a. a description of the real property to be leased; b. identification of the lessor and lessee (including addresses, contact details, nationalities, and licence numbers, if applicable);
   c. a description of the term, any renewal term, commencement date, and any option to
   renew, purchase, or expand (such as rights of first offer or refusal); and d. a condition report setting out the present state of repair and condition of the real property, which must be counter-signed by the lessee on handover of the real property. Security Deposits
5. The proposed amendments allow lessors of short-term residential leases to require lessees
   to provide security deposits, provided that the security deposit is not in excess of 5% of the annual rent payable in the first year of the short-term residential lease.
6. The lessor must hold the security deposit on trust for the lessee and will be liable to account
   for the security deposit upon the termination or expiration of the short-term residential lease. Upon such termination or expiration, the lessor may deduct direct or reasonable losses suffered by the lessor due to any breach of the terms of the short-term residential lease, any Amendments to Real Property Regulations 2015

Consultation Paper No. 4 of 2024 non-payment of rent, or any damage to the real property caused by the lessee or falling under the lessee’s repair obligations (excluding wear and tear or damage caused by the lessor or falling under the lessor’s responsibility).
7. The lessor is required to notify the lessee within 14 days of the termination or expiration of the
short-term residential lease if any amounts are to be deducted from the security deposit, and the lessor must provide evidence of any costs incurred. Any remaining amount of the security deposit must be returned to the lessee as soon as reasonably practicable. Rent
8. The proposed amendments require a short-term residential lease to specify the amount of
rent to be paid, as well as the method of payment and the frequency of payment. The lessor is not able to increase the rent during the term of the short-term residential lease, unless the terms of the short-term residential lease clearly state the amount of such increase and the timing of such increase.
9. In case a short-term residential lease does not specify the rent amount, or the method or
frequency of payments, the rent amount will be the market rent and will be payable to the lessor in equal monthly instalments in arrears by way of a bank transfer.
10. The lessee of a short-term residential lease will not be required to pay any rent to the lessor
prior to the handover of the real property. However, the lessor may accept a deposit of no more than 5% of the annual rent to reserve the real property. Such amount may either be set off against the rent payable by the lessee or may be refunded to the lessee once the lessee provides payment of the rent. A lessor is not entitled to hold more than 1 reservation deposit with respect to the same real property to be let under a short-term residential lease. Repairs
11. The proposed amendments oblige lessors to be responsible for the maintenance and repair
to ensure the real property is safe and fit for use as a residential dwelling. This includes any maintenance and repair of the structure, façade, doors, windows, air conditioning, ventilation, and other utility services, as well as any mechanical, electrical, and plumbing systems located in the real property. The lessee must notify the lessor of any need for repair or maintenance and must allow reasonable access to the real property for the lessor to provide the required repair or maintenance.
12. The proposed amendments provide that a lessee may, but will not be required to, undertake
any urgent repairs to the real property if such repair is required to be done on an urgent basis in order to protect the real property from damage, and if the lessor cannot be reached or is unable or unwilling to provide the repairs within a reasonable timeframe in which case the lessor must reimburse the lessee for any reasonable costs incurred. Lessor’s Right of Entry
13. The proposed amendments require lessees of a short-term residential lease to provide the
lessor with reasonable access to the real property, provided that the lessor has previously notified the lessee in writing, in order for the lessor to:
a. undertake any repairs and maintenance which the lessor is responsible for;

Consultation Paper No. 4 of 2024 b. in the last 30 days of the term of the short-term residential lease show the real property for purposes of re-letting it; and
c. show the real property for purposes of a sale, transfer, or valuation of the real property.
Building and Community Service Charges and Obligations
14. The proposed amendments require a lessor of a short-term residential lease to use
reasonable endeavours to enforce its rights against any master developer, strata association, building manager and/or any other entity responsible for the management of the real property common areas, so that the lessee may enjoy the amenities of the community and/or building. Any building or community service charges that are applicable to the real property must be paid by the lessor, unless otherwise agreed by the lessor and lessee in the short-term residential lease.
15. If the lessor fails to pay the building or community service charge, the lessee may pay such
charges in order to continue to enjoy access and use of the facilities. In such cases, the lessee will be entitled to set off such amount paid against any rent owed under the short-term residential lease, and will need to provide reasonable evidence of such payments to the lessor. Alternatively, if the rent has been paid in advance, the amount paid may be treated as debt owed by the lessor to the lessee and may be pursued as such by the lessee in the ADGM Courts. Utilities
16. The proposed amendments require short-term residential leases to clearly state the party
responsible for procuring and paying the supply of utilities to the real property. For any utility service which is not separately measured at the real property, the lessee will be liable for a fair and equitable portion of the utility charge.
17. If the lessor fails to pay for any utility service required of them, the lessee may pay such utility
costs in order to continue the provision of such services. In such cases, the lessee will be entitled to set off such amount paid against any rent owed under the short-term residential lease. Alternatively, if the rent has been paid in advance, the amount paid may be treated as debt owed by the lessor to the lessee and may be pursued as such by the lessee in the ADGM Courts.
18. The lessor will not be entitled to cut off the provision of any utility service or prevent access to
the real property during the term of the short-term residential lease.
Renewal of a Short-Term Residential Lease
19. The proposed amendments allow for automatic renewal of short-term residential leases upon
expiration of such lease, except for in the following cases:
a. where the lessee has notified the lessor in writing that they do not intend to renew the short-term residential lease, no less than 60 days prior to the expiry of such lease (if the lessee fails to provide notice to the lessor in the required timeline, then the lessee shall pay rent on a pro-rata basis – based on the rental rate at that time – for each day of delay, or if shorter, for the number of days after the lease expiration until the real property has been re-let); or

Consultation Paper No. 4 of 2024 b. where the lessor has notified the lessee in writing, no less than 12 months prior to the expiry of such lease, of its intention to:
i. sell the real property;
ii. use the real property for its own use;
iii. demolish the real property; or
iv. undertake major renovations which cannot be carried out in the presence of a
lessee.
20. If a short-term residential lease is not renewed due to any of the before mentioned grounds,
the lessor must lodge an application with the Registrar, within 30 days of the expiry of the short-term residential lease, to de-register such lease, along with a copy of the written notice provided to the lessee describing the reason for non-renewal of such lease. Rent Increase on Renewal of a Short-Term Residential Lease
21. The proposed amendments allow a lessor to increase the rent on any renewal of a short-term
residential lease, as long as the lessee is notified of the increase no less than 60 days prior to the expiry of such lease, and the increase may not exceed 5% of the rent payable prior to the date of renewal. Termination
22. The proposed amendments prohibit the termination of a short-term residential lease prior to
its expiry without an order of the ADGM Court, unless:
a. the lessor and lessee have mutually agreed to the surrender of the short-term residential lease; b. the lessee has exercised a break option that was pre-agreed between the parties; or
c. the real property has been substantially damaged or destroyed to a degree that
prevents the lessee from enjoying the real property (in such cases, the lessor will return to the lessee any rents paid relating to the period after the event of damage or destruction).
23. The proposed amendments allow a lessee to apply to the ADGM Court to request a
termination of a short-term residential lease, prior to its expiry, if the lessor:
a. is in breach of its obligations under the short-term residential lease, and has failed to remedy the breach within 30 days of receiving notice from the lessee detailing the breach; and/or b. has failed to comply with its repair and maintenance obligations, which leads to an amenity being adversely impacted or the real property being no longer reasonably capable of habitation.
24. A lessor may apply to the ADGM Court to request a termination of a short-term residential
lease, prior to its expiry, if the lessee has:

Consultation Paper No. 4 of 2024 a. failed to pay rent when due and has not remedied such breach within 30 days of a written notice sent by the lessor; b. materially breached the terms of the short-term residential lease and has failed to remedy such breach within 30 days of a written notice sent by the lessor; and/or
c. assigned or sub-let the real property, contrary to the terms of the short-term residential
lease, and has not remedied the breach within 10 days of a written notice sent by the lessor. Alienation of an Interest in the Short-Term Residential Lease
25. The proposed amendments prohibit, unless otherwise agreed to in the short-term residential
lease, a lessee from mortgaging, assigning, novating, sub-leasing or otherwise dealing with its interest in the short-term residential lease without the prior written consent of the lessor.
26. The proposed amendments allow, unless otherwise agreed to in the short-term residential
lease, a lessor to sell or transfer its interest in the real property without the consent of the lessee. Upon such sale or transfer by a lessor:
a. the lessor must notify the lessee once such sale or transfer is complete, and must provide details of the new lessor and its contact information; b. the new lessor will be bound by the short-term residential lease;
c. the original lessor will be deemed to have transferred any security deposit to the new
lessor and the new lessor will be entitled to use such security deposit in accordance with the short-term residential lease; and d. any outstanding liabilities of the original lessor will be deemed to have been assumed by the new lessor. Appointment of a Property Manager
27. The proposed amendments entitle a lessor to appoint a property manager to manage real
property subject to a short-term residential lease. A lessee will be entitled to assume that such property manager is acting with the authority of the lessor (unless otherwise notified in writing by the lessor). An appointment of a property manager does not absolve a lessor of its obligations and responsibilities under a short-term residential lease. Real Property Regulations (Fees) Rules
28. The existing Real Property Regulations (Fees) Rules 2024 will be updated with new services
and fees to reflect the above proposal. It is envisaged that the fees will be closely aligned with the fees charged in the Emirate of Abu Dhabi for equivalent or similar services.
29. In this regard, it is proposed that for leases with a term of 25 years or less, an ‘Authority Fee’
of 5% of the contract value will be introduced (similar to the 5% municipal fee currently charged in the Emirate of Abu Dhabi and collected through the monthly Abu Dhabi Distribution Company bill).

Consultation Paper No. 4 of 2024
Question 1:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING SHORT-TERM RESIDENTIAL LEASES? Question 2:
ARE THERE ANY OTHER TENANT PROTECTIONS WE SHOULD CONSIDER INCLUDING?
Transition of Al Reem Island
Existing Musataha and Usufruct Interests on Al Reem Island
30. Under the proposed amendments, the Registrar will register all musataha and usufruct of real
property located on Al Reem Island and registered on the Abu Dhabi Real Property Register prior to 1 January 2025 as leases pursuant to “memoranda of leases.” If a registration fee was previously paid to the Municipality of Abu Dhabi in connection with the registration of any musataha or usufruct interest, the Registrar will make reasonable efforts to ensure that any subsequent registration by the Registrar will not be subject to an additional fee.
31. Unless the parties choose to convert the legal form of the underlying instrument from a
musataha or usufruct to a lease, the contractual rights of such musataha or usufruct arrangement will not be affected due to such registration by the Registrar. Existing Freehold Interests on Al Reem Island
32. Under the proposed amendments, the Registrar will register all freehold ownership interests
of real property located on Al Reem Island and registered on the Abu Dhabi Real Property Register prior to 1 January 2025. If a registration fee was previously paid to the Municipality of Abu Dhabi in connection with the registration of any freehold ownership interest, the Registrar will make reasonable efforts to ensure that any subsequent registration by the Registrar will not be subject to an additional fee.
33. When registering a freehold interest of real property located on Al Reem Island that is held by
more than one person, the Registrar will register such registered owners as tenants in common, unless otherwise directed by such registered owners or the ADGM Court. Existing Granted Land on Al Reem Island
34. If a freehold interest of real property located on Al Reem Island is with respect to granted land,
the Registrar will record a restrictive covenant in the folio of the concerned lot prohibiting the disposition of such granted land without the prior written approval of the Executive Council of the Emirate of Abu Dhabi, or such other consents as the Board deem appropriate. The restrictive covenant shall run with the land and vest in or bind all persons and successors who have title to such land. Existing Leasehold Interests on Al Reem Island
35. Under the proposed amendments, the Registrar will register all leasehold interests of real
property located on Al Reem Island and registered on the Abu Dhabi Real Property Register prior to 1 January 2025 as leases. If a registration fee was previously paid to the Municipality

Consultation Paper No. 4 of 2024 of Abu Dhabi in connection with the registration of any freehold ownership interest, the Registrar will make reasonable efforts to ensure that any initial registration by the Registrar will not be subject to an additional fee. Any subsequent registration of the renewal of leasehold interests from and including 1 January 2025 will be effected pursuant to the proposed short￾term residential lease amendments described above.
36. Where the lessor of a lease registered on the Abu Dhabi Real Property Register prior to 1
January 2025 only has a right to manage the real property, which is the subject of the lease, under a power of attorney, property management agreement or other similar contractual agreement (and does not own or hold a registered leasehold right in the real property), the Registrar shall register the person holding the reversionary interest in the lease (being the owner of the real property, or holding a superior leasehold, usufruct or musataha right in the real property) as the lessor. The original lessee shall remain as the lessee.
37. The registration of a lease by the Registrar shall not affect any claim that the lessee may have
under the lease, if such claim arises prior to the Registrar’s registration of the lease and provided that any claims arising under the lease will be brought against the lessor. Furthermore, the registration of a lease by the Registrar shall not affect a lessor’s ability to being a claim against the lessee of the lease or to any contracted property manager or person tasked with such management of the real property which is subject to the lease. Searching the Register
38. It is proposed that the Registrar makes no representations as to the completeness or accuracy
of instruments and information relating to real property located on Al Reem Island and which was registered on the Abu Dhabi Real Property Register prior to 1 January 2025. If the Registrar becomes aware of any deficiencies in the Register, the Registrar shall take whatever steps the Registrar determines necessary to correct the Register. No person may file a claim before the Courts against the Registrar in respect of any deficiencies identified in the Register or contained in an official or limited search certificate issued by the Registrar and pertaining to such real property, whether or not such person has suffered loss as a result of deficiencies contained in the Register or in an official or limited search certificate. Question 3:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE TRANSITION OF REAL PROPERTY LOCATED ON AL REEM ISLAND?

Consultation Paper No. 4 of 2024
The RA proposes to issue Off-Plan Development Regulations 2024 to govern off-plan projects and off-plan developers to address a current legislative gap. The proposed new framework for off-plan development is summarised in the following, but for a more detailed review of the proposal, we refer to draft proposal in Annex B. Unless otherwise defined herein, capitalised terms shall have the same meaning as given to them in the proposed Off-Plan Development Regulations. PROPOSAL Register
39. It is proposed that the Registrar shall establish and maintain an Off-Plan Developer Register
and an Off-Plan Project Register and publish such details and information as the Registrar may deem necessary for the purposes of transparency and in line with best practice, including:
a. the registration number and status of the Off-Plan Project; b. the construction status of the Off-Plan Project;
c. the name of the Account Bank within which the Project Account of the respective Off￾Plan Project has been established by the Developer;
d. the Project Account number of the Off-Plan Project; e. the breakdown of units in the Off-Plan Project; f. the name, License number and registration status of the Developer of record of the Off-Plan Project; g. the website, address and contact details of the Developer of record of the Off-Plan Project; and h. contraventions, sanctions, censure statements and/or fines (if any) applied against the Developer of the Off-Plan Project to the extent that the Registrar determines such should be made public. Question 4:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE OFF-PLAN DEVELOPER REGISTER OR THE OFF-PLAN PROJECT REGISTER? Off-Plan Developer
40. A Developer shall not commence and undertake Off-Plan Sales until and unless:
Introduction of an Off-Plan Development Framework

Consultation Paper No. 4 of 2024 a. the Developer is registered on the Off-Plan Developer Register; b. the Off-Plan Project is registered on the Off-Plan Project Register; and
c. the Developer has established a Project Account with an Approved Account Bank for
the relevant Off-Plan Project in accordance with the proposed Off-Plan Development Regulations (Project Account) Rules 2024.
41. A Developer shall be required to maintain its registration on the Off-Plan Developer Register
until such time as the Developer is no longer the Developer of record of an Off-Plan Project registered on the Off-Plan Project Register or is otherwise removed by the Registrar in accordance with these Regulations.
42. For as long as a Developer is required to be registered as a Developer on the Off-Plan
Developer Register, the Developer must, prior to each anniversary of its registration on the Off-Plan Developer Register submit a statement to the Registrar confirming:
a. the Developer’s continued financial solvency and funding; b. the status of all Off-Plan Projects registered on the Off-Plan Project Register for which the Developer is the Developer of record; and
c. any other information the Registrar may require.
43. The registration of a Developer on the Off-Plan Developer Register shall not exempt the
Developer or its contractors from the obligation to obtain and maintain any building permits or other approvals required from any Relevant Authority overseeing the issuance of construction or building permits in ADGM.
44. It is further proposed that a Developer providing Administrative Services 1
shall only be entitled to charge the beneficiary of the Administrative Service a fee reflective of and commensurate to the reasonable and fair cost for providing or procuring such service, which charge may not, in any event, exceed AED 5,000 per real property. Such fee shall be charged one time only, upon receipt of the Administrative Services, and may not be a renewing or recurring fee unless further Administrative Services are provided by the Developer.
45. For the avoidance of any doubt, it is also proposed that Developers shall not charge for the
provision of the following services:
a. the registration of an Off-Plan Sales Agreement on the Off-Plan Sales Register; b. the de-registration of an Off-Plan Sales Agreement where the Off-Plan Sales Agreement has been terminated by the Off-Plan Purchaser as a result of a Major Change;
c. the registration of an Off-Plan Purchaser on the Real Property Register as the
registered owner of a real property to which an Off-Plan Sales Agreement relates to; and d. procuring and issuing title deeds to Off-Plan Purchasers. “Administrative Services” means any administrative service ancillary to the services provided or procured by the Developers, including without limitation, the issuance of no-objection certificates and the preparation and amendment of contracts.

Consultation Paper No. 4 of 2024
Question 5:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE REGISTRATION REQUIREMENTS FOR OFF-PLAN DEVELOPERS? Question 6:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE ONGOING REQUIREMENTS FOR OFF-PLAN DEVELOPERS? Off-Plan Projects
46. It is proposed that all Off-Plan Projects shall be registered on the Off-Plan Project Register. If
an Off-Plan Project shall be developed and delivered in multiple phases, the Developer must separately register each phase of the Off-Plan Project on the Off-Plan Project Register. No Developer may register an Off-Plan Project on the Off-Plan Project Register until the Developer has been registered on the Off-Plan Developer Register.
47. It is proposed that the application for registration of an Off-Plan Project shall be accompanied
by, but not limited to, the following:
a. evidence that the Developer:
i. holds a real property interest in the land upon which the Off-Plan Project is to
be constructed; or
ii. has a contractual right to develop the land and conduct Off-Plan Sales under
a Reservation Agreement registered on the Off-Plan Sales Register; b. the architectural drawings and engineering drawings for the Off-Plan Project;
c. the proposed uses and components of the Off-Plan Project in line with the master plan
of ADGM; d. if applicable, information of any special management arrangement and brand standards; e. information on the proposed arrangements for the supply of utility services including any mandatory utility arrangements; f. information on any features, equipment or services forming part of the Off-Plan Project and contributing to the sustainable environmental development of the Off-Plan Project and intended to reduce the overall impact of the Off-Plan Project on the environment (both during construction and after Building Completion is achieved), including without limitation:
i. the use of efficient, green and/or eco-friendly materials, sustainable
technologies and/or other measures in the construction of the Off-Plan Project;
ii. the installation of equipment, technologies and other systems intended to
increase the Off-Plan Project’s energy efficiency and/or reduce the Off-Plan Project’s water footprint; and
iii. any other features required to meet any applicable mandatory sustainable
building requirements imposed by a Relevant Authority from time to time;

Consultation Paper No. 4 of 2024 g. the business plan for the Off-Plan Project, including the construction costs, the proposed milestones against which payments will be released out of the Project Account and details of Debt and Equity Financing for the Off-Plan Project; h. the sales plan and forecast;
i. the proposed construction program;
j. a no-objection letter from the bank if the land on which the Off-Plan Project is being constructed is mortgaged; and k. such other information as the Registrar may, in its discretion, require.
48. It is further proposed that every application for the registration of an Off-Plan Project must be
accompanied by an application to register the proposed name of each building constituting the Off-Plan Project. Such name must comply with the requirements in the Off-Plan Development Regulations.
49. An Off-Plan Project (which has not been cancelled or otherwise removed from the Off-Plan
Project Register by an order of the ADGM Courts) shall remain registered on the Off-Plan Project Register until such time as the Registrar is satisfied that:
a. the Off-Plan Project has achieved Building Completion; b. the Developer has remedied and rectified all defective building works, materials, equipment and installations arising from or in connection with the construction of the Off-Plan Project and the defects liability period has expired;
c. there are no ongoing claims commenced by or on behalf of Off-Plan Purchasers
against the Developer in respect of the Off-Plan Project; d. all amounts deposited in the Project Account which must be retained by the Account Bank have been disbursed; and e. all Sale Proceeds and Debt and Equity Financing deposited in the Project Account of the Off-Plan Project are disbursed.
50. The Developer may not mortgage the land upon which the Off-Plan Project is to be
constructed other than for the purpose of obtaining funding for the development of the Off￾Plan Project, in which case:
a. the Developer must stipulate in each Off-Plan Sales Agreement executed with an Off￾Plan Purchaser that the land is mortgaged; b. the lender shall deposit the financing funds into the Project Account; and
c. the Developer and its lender undertake that the part of the Off-Plan Project to which
an Off-Plan Sales Agreement relates shall be released from or no longer be subject to the mortgage once the Off-Plan Purchaser under such Off-Plan Sales Agreement has paid the purchase price in full. Question 7:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE REGISTRATION OF OFF-PLAN PROJECTS?

Consultation Paper No. 4 of 2024
Off-Plan Sales
51. It is proposed that all Off-Plan Sales must be made by way of an Off-Plan Sales Agreement
prepared by the Developer and which must:
a. comply with the Off-Plan Sales Register Regulations 2022; b. specify in reasonable detail:
i. the architectural and design finishes of the real property at Building Completion
(including, without limitation, the type, colour and materials of all horizonal and vertical surfaces (such as floors, walls and ceilings) and the colour and type of paint and/or wallpaper); and
ii. the equipment, fixtures and fittings to be handed over as part of the real
property;
c. detail the car parking entitlements;
d. set out the construction milestones against which the purchase price payment instalments shall be made; e. state the estimated gross sellable area of the real property at Building Completion and the basis on which such gross sellable area will be calculated; f. include a copy of the Disclosure Statement approved by the Registrar; and g. include such other information and be in such form as the Registrar may otherwise specify.
52. A Developer shall not enter into any Off-Plan Sales Agreement until the Registrar has
approved the form of the Disclosure Statement, which shall include (where applicable):
a. details of any proposed subdivision of the Off-Plan Project either under a strata plan or through a contractual common ownership scheme, the proposed components (and their permitted use) of the Off-Plan Project (including the details of the future interests granted), the real property interests that will be granted in the Off-Plan Project following Building Completion and the shared areas; b. details of the proposed management arrangements governing the shared areas, including any special management arrangement and brand standards;
c. details of the proposed arrangements for the supply of utility services (including any
mandatory utility arrangements); d. the anticipated commencement and handover dates of the components of the Off-Plan Project; e. a copy of any Master Community Declaration; f. a budget, prepared on a reasonable basis, for the first fiscal year estimating any service charge which will be payable by the Off-Plan Purchaser in respect of the shared areas following Building Completion; g. information on any features, equipment or services forming part of the Off-Plan Project and contributing to the sustainable environmental development of the Off-Plan Project and intended to reduce the overall impact of the Off-Plan Project on the environment (both during construction and after Building Completion is achieved), including without limitation:
i. the use of efficient, green and/or eco-friendly materials, sustainable

Consultation Paper No. 4 of 2024 technologies and/or other measures in the construction of the Off-Plan Project;
ii. the installation of equipment, technologies and other systems intended to
increase the Off-Plan Project’s energy efficiency and/or reduce the Off-Plan Project’s water footprint; and
iii. any other features required to meet any applicable mandatory sustainable
building requirements imposed by a Relevant Authority from time to time; h. the measure of any sustainable environmental development applied to the Off-Plan Project, including specifics of the Emirates Authority for Standardization and Metrology and the Environment Authority of Abu Dhabi; and
i. such other disclosures required by the Registrar.
53. No less than 10 days prior to the handover of any real property to an Off-Plan Purchaser, the
Developer shall be required to:
a. update the Disclosure Statement and notify the Registrar and the Off-Plan Purchasers if the information, documents and/or plans contained in the Disclosure Statement are no longer accurate and/or complete upon Building Completion; b. notify the Off-Plan Purchaser of any changes made to the architectural and design finishes of the real property or the equipment, fixtures and fittings to be handed over as part of the real property as against the information contained in the Off-Plan Sales Agreement; and
c. notify the Off-Plan Purchaser of the actual gross sellable area of the real property
acquired under the Off-Plan Sales Agreement as measured by a Surveyor using the measurement standards applicable in the Abu Dhabi Global Market from time to time.
54. In the event that upon Building Completion the gross sellable area of a real property
purchased by an Off-Plan Purchaser is more than 5% smaller than the estimated gross sellable area set out in the Off-Plan Sales Agreement, the Developer shall be required to refund the Off-Plan Purchaser a proportionate amount to reflect such reduction in size (the Developer is not entitled to charge any additional monies in the event the sellable area is greater than the estimated area set out in the Off-Plan Sales Agreement).
55. Where a change in the real property, the Disclosure Statement and/or the Off-Plan Project
constitutes a Major Change which (i) has been notified by the Developer to the Off-Plan Purchaser in accordance with the regulations; or (ii) the Off-Plan Purchaser becomes aware within 30 days from the handover date, the Off-Plan Purchaser may within 30 days of being notified of or becoming aware of such Major Change:
a. terminate the Off-Plan Sales Agreement by written notice to the Developer; and/or b. file a claim before the ADGM Courts against the Developer for damages incurred.
56. As a result of the above, if an Off-Plan Purchaser terminates the Off-Plan Sales Agreement,
the Developer shall, within 30 days of receipt of the notice of termination by the Off-Plan Purchaser:
a. refund to the Off-Plan Purchaser all moneys paid by or on behalf of the Off-Plan Purchaser under the Off-Plan Sales Agreement prior to its termination; or

Consultation Paper No. 4 of 2024 b. where the Developer disputes the occurrence of a Major Change entitling the Off-Plan Purchaser to terminate the Off-Plan Sales Agreement, file a claim before the ADGM Courts.
57. A Developer shall not be entitled to terminate an Off-Plan Sales Agreement if the Off-Plan
Purchaser fails to pay the purchase price payable under the Off-Plan Sales Agreement other than where an Off-Plan Purchaser has failed to pay:
a. three consecutive instalments of the purchase price payable under the Off-Plan Sales Agreement; or b. an amount equivalent to or more than 30% of the total purchase price payable under the Off-Plan Sales Agreement.
58. In such cases, the Developer may issue to the Off-Plan Purchaser a final payment demand,
setting out details of the Off-Plan Purchaser’s failure to pay the purchase price in accordance with the Off-Plan Sales Agreement (including evidence of such payments becoming due and owing) and providing the Off-Plan Purchaser with 15 days from the date the final payment demand is issued to the Off-Plan Purchaser to pay the outstanding amounts. If the Off-Plan Purchaser fails to pay the outstanding amounts within the period required by the final payment demand or is unable to demonstrate that the outstanding purchase monies are not fully due and owing or have already been paid by the Off-Plan Purchaser, the Developer may apply to the Registrar to de-register the Off-Plan Sales Agreement. Nothing in the regulations prevents the Off-Plan Purchaser from pursuing a claim in the ADGM Courts to dispute the de￾registration of the Off-Plan Sales Agreement, or otherwise waive the rights and obligations of the Developer or of the Off-Plan Purchaser under the Off-Plan Sales Agreement prior to the date of termination of the Off-Plan Sales Agreement. Question 8:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING OFF-PLAN SALES? Question 9:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING A CHANGE IN REAL PROPERTY? Question 10:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING TERMINATION OF THE OFF-PLAN SALES AGREEMENT? Transition for Al Reem Island
59. A Developer that commenced construction works of an Off-Plan Project located on Al Reem
Island prior to 1 January 2025 shall take all necessary steps and submit all required applications and documents to the Registrar, by no later than 17 January 2025, to:

Consultation Paper No. 4 of 2024 a. be registered as a Developer on the Off-Plan Developer Register; b. register the Off-Plan Project on the Off-Plan Project Register; and
c. comply with all other sections of these Regulations.
60. Notwithstanding the above, the Registrar may, in its discretion, elect to register:
a. on the Off-Plan Developer Register a Developer that commenced construction works of an Off-Plan Project located on Al Reem Island prior to 1 January 2025 and who has not submitted to the Registrar an application for registration on the Off-Plan Developer Register in accordance with the foregoing, provided that the Developer:
i. holds a valid and subsisting commercial license and development certificate
issued by the relevant authorities of the Emirate of Abu Dhabi permitting the Developer to undertake development activities on Al Reem Island;
ii. provides the Registrar such information and documentation as the Registrar
may, in its discretion, require. b. on the Off-Plan Project Register an Off-Plan Project located on Al Reem Island that, prior to 1 January 2025, was already under construction or has achieved Building Completion (and the defects liability period in respect of the Off-Plan Project has not yet expired) and the Developer of record has not submitted to the Registrar the applications set out above, provided that the Developer:
i. is registered on the Off-Plan Developer Register;
ii. holds a valid and subsisting building certificate issued by the relevant authority
of the Emirate of Abu Dhabi permitting the Developer to undertake the development of the Off-Plan Project;
iii. has established a valid escrow account in respect of the Off-Plan Project in
accordance with the applicable laws of the Emirate of Abu Dhabi;
iv. submits to the Registrar an application to register the name of any building
constituting the Off-Plan Project;
v. provides the Registrar such information and documentation as the Registrar
may, in its discretion, require.
Question 11:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE TRANSITION OF OFF-PLAN DEVELOPERS AND OFF￾PLAN PROJECTS ON AL REEM ISLAND? Off-Plan Development Regulations (Fees) Rules
61. The Off-Plan Development Regulations (Fees) Rules 2024 will be issued with services and
fees to reflect the proposals in the Off-Plan Development Regulations and the subordinate Off-Plan Development Regulations (Project Account) Rules. It is envisaged that the fees will be closely aligned with the fees charged in the Emirate of Abu Dhabi for equivalent or similar services.

Consultation Paper No. 4 of 2024
The RA proposes to issue the Off-Plan Development Regulations (Project Account) Rules 2024 (the “Project Account Rules”) to govern project accounts (i.e., escrow arrangement) under off￾plan projects to address a current legislative gap. The proposed new framework for off-plan development project accounts is summarised in the following, but for a more detailed review of the proposal, we refer to draft proposal in Appendix 1. Unless otherwise defined herein, capitalised terms shall have the same meaning as given to them in the proposed Project Account Rules 2024. PROPOSAL
62. A Developer shall be required to establish a Project Account for each Off-Plan Project prior to
undertaking Off-Plan Sales. If the Off-Plan Project shall be developed and delivered in phases, the Registrar shall have the discretion to require the Developer to open a separate Project Account for each phase of the Off-Plan Project. Account Bank
63. The Project Account may only be established with an Account Bank registered on the Register
of Account Banks maintained by the Registrar in accordance with Project Account Rules.
64. The Register of Account Banks shall be in such form as the Registrar may determine
appropriate, including in electronic form and shall contain, in respect of each Account Bank:
a. the Account Bank’s name, legal form, registered number, Banking License number, address and website address; b. the address to which notices in respect of the Account Bank may be served in the UAE;
c. the Account Bank’s contact information;
d. details of any security bond that the Account Bank has in place or is required by the Registrar; and e. details of the Account Bank’s prior experience acting as an escrow agent for off-plan projects in the UAE.
65. An Account Bank must be able to demonstrate to the Registrar’s satisfaction that the Account
Bank satisfies the minimum registration criteria determined by the Registrar which shall include but not be limited to:
a. the Account Bank holding a valid Banking License; b. the Account Bank having experience acting as an escrow agent for off-plan projects Introduction of Off-Plan Development Project Accounts

Consultation Paper No. 4 of 2024 in the UAE;
c. the Account Bank having the necessary resources and expertise required to act as an
Account Bank in respect of Off-Plan Projects; d. the employees of the Account Bank entrusted with the management of Project Accounts being familiar with and understanding the requirements and obligations relating to the management of Project Accounts stipulated by the Project Account Rules and all other applicable regulations, rules and codes of conduct, issued from time to time and applicable in ADGM in respect of Project Accounts; and e. the Account Bank having complied with any other requirement specified by the Registrar from time to time. The Registrar shall be entitled to waive any of the registration criteria where it feels it is appropriate to do so and such waiver will not unduly negatively impact the governance of Project Accounts in ADGM.
66. The Account Bank must, while it is acting as an Account Bank managing Project Accounts,
maintain its Banking License and maintain and obtain any other applicable licenses, permits or approvals required by the UAE Central Bank and any other Relevant Authority regulating financial institutions and account banks in the UAE.
67. It is proposed that an Account Bank operating a Project Account shall not be considered to
be carrying on economic activities in ADGM and shall not be required to obtain an ADGM license provided that:
a. the Account Bank does not provide escrow account services from a permanent establishment maintained by the Account Bank in ADGM; and b. the Account Bank maintains a Banking License issued by the UAE Central Bank. Question 12:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE REGISTRATION AND REQUIREMENTS OF AN ACCOUNT BANK? Project Account
68. A Developer shall be required to enter into a Project Account Agreement with an Account
Bank registered on the Register of Account Banks in order to open a Project Account. The Project Account Agreement shall, at a minimum, include the following:
a. the Project Account’s details, including any applicable fees and charges; b. an obligation stipulating that sums deposited into the Project Account may only be disbursed from the Project Account once the Registrar’s approval has been obtained, unless otherwise directed by the ADGM Courts; and
c. an acknowledgment from the Account Bank that the funds held in the Project Account
are not the property of the Developer, are not available for the Developer’s creditors and cannot be subject to the Account Bank’s set off rights in relation to claims against the Developer.

Consultation Paper No. 4 of 2024
69. The Developer shall not be entitled to require any Off-Plan Purchaser to pay any Sale
Proceeds prior to the opening of the Project Account and the Developer must procure that all Sale Proceeds and Debt and Equity Financing are deposited directly into the Project Account. The Developer further shall be required to appoint an Engineering Auditor in respect of each Off-Plan Project to review and audit of the status of works undertaken on the Off-Plan Project and the associated Development Costs for the purpose of certifying the achievement of a Construction Milestone and issuing Milestone Payment Certificates.
70. If any funds arising from any Debt and Equity Financing:
a. relate to:
i. any component of the Off-Plan Project which is to be retained by the Developer
and is not to be sold to Off-Plan Purchasers;
ii. any areas which are not to be deemed common areas but which are intended
for use by an Off-Plan Purchaser or which must be completed so that an Off￾Plan Purchaser may have the benefit of its interest in the Off-Plan Project; or b. amount to no more than 20% of the total Development Costs and are provided by Equity Financing, the Developer may apply to the Registrar for permission to exclude such funds from being deposited in the Project Account and the Registrar may grant such permission where it believes it is reasonable to do so and that such exclusion of funds from the Project Account will not negatively impact the progress and completion of the Off-Plan Project.
71. The Account Bank shall accept the deposit of Sale Proceeds or Debt and Equity Financing
made by any lawful method approved by the UAE Central Bank and subject to all applicable anti-money laundering and know your client checks and procedures as are mandated by the UAE Central Bank and any other Relevant Authority when receiving funds as part of the provision of national retail banking services in the UAE.
72. All amounts deposited into the Project Account shall first be used solely for the payment of
Development Costs and the Developer may not use any amounts deposited into the Project Account to pay, in whole or in part, the land upon which the Off-Plan Project is to be constructed or any Marketing expenses.
73. No amount shall be disbursed from the Project Account unless:
a. the Developer has:
i. completed not less than 20% of the development of the Off-Plan Project; or
ii. where the Developer has not completed 20% or more of the development of
the Off-Plan Project, the Developer has provided the Registrar with a bank guarantee, obtained from a bank duly licensed by the UAE Central Bank to provide national retail banking services in the UAE, in a sum equivalent to the amount requested by the Developer to be disbursed from the Project Account; and b. the Registrar has approved the release of funds from the Project Account.

Consultation Paper No. 4 of 2024
74. If the Developer, acting reasonably, believes that the Off-Plan Project has achieved a
Construction Milestone and wishes for funds to be disbursed from the Project Account in an amount proportionate to the Development Costs incurred by or on behalf of the Developer in respect of the corresponding Construction Milestone, the Developer shall request the Engineering Auditor to produce a Milestone Payment Certificate and provide the Engineering Auditor with such information as the Engineering Auditor shall require to properly issue the Milestone Payment Certificate.
75. Upon receipt of the Milestone Payment Certificate by the Engineering Auditor, the Developer
shall submit an application to the Registrar for approval of the release of funds from the Project Account, in such form as the Registrar may specify and including the relevant Milestone Payment Certificate and any other documents and/or information requested by the Registrar.
76. Following the Registrar’s review of the Developer’s application for the release of funds from
the Project Account, the Registrar may:
a. require the Developer, the Engineering Auditor and/or the Account Bank to provide further documents and information; b. approve the release of funds from the Project Account, with or without conditions; or
c. reject the Developer's application, providing its reasons in writing for rejecting the
Developer's application.
77. The Account Bank shall promptly, following an application by the Developer, release from the
Project Account the amounts set out in the approval of release of funds issued by the Registrar to such persons as the Registrar has directed.
78. An amount equivalent to 5% of the total Development Costs shall be retained in the Project
Account as security for the Developer’s obligation to remedy and rectify all defective building works, materials, equipment and installations arising from or in connection with the construction of the Off-Plan Project and may only be disbursed in accordance with the provisions in the Project Account Rules.
79. Subject to the Developer obtaining the Registrar’s prior written consent, the Developer may
apply to withdraw the profits of the Off-Plan Project from the Project Account at any time after the Off-Plan Project has reached at least 60% completion, provided that the Developer can evidence to the Registrar that, following any approved withdrawal or series of approved withdrawals, the sums remaining in the Project Account are not less than the remaining outstanding Development Costs of the Off-Plan Project plus a sum equal to 10% of the total Development Costs for the Off-Plan Project.
80. For as long as the Off-Plan Project remains registered on the Off-Plan Project Register, the
Account Bank shall submit to the Registrar quarterly and annual reports detailing the amounts deposited into and disbursed from the Project Account prepared and stamped by an Auditor.

Consultation Paper No. 4 of 2024
Question 13:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING PROJECT ACCOUNTS? Question 14:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE RELEASE OF FUNDS FROM THE PROJECT ACOCUNT OR THE RETENTION AMOUNT? Transition for Al Reem Island
81. It is proposed that a Developer that, prior to 1 January 2025, has commenced the planned
construction works of an Off-Plan Project located on Al Reem Island and has established a valid escrow account in respect of the Off-Plan Project, or if applicable, for each phase of the Off-Plan Project under construction, in accordance with the applicable laws of the Emirate of Abu Dhabi, shall not be required to establish a new Project Account in accordance with the requirements of the Project Account Rules or the Off-Plan Development Regulations 2024, however, the Developer shall, from 1 January 2025, take all necessary steps to administer any such existing escrow accounts in respect of Off-Plan Projects located in Al Reem Island in accordance with, and shall comply with, as far as possible, sections 12(2), 12(3), 13, 14, 15, 16, 18, 20 and 21 of the Project Account Rules.
82. Notwithstanding the above, if an Off-Plan Project being developed on Al Reem Island is to be
developed and delivered in different phases and separate escrow accounts must be established for each phase, in respect of any phase of the Off-Plan Project that the Developer has not yet commenced the planned construction works and for which no valid escrow account has yet been established prior to 1 January 2025, the Registrar may require that a Project Account be established by the Developer for each such phase.
83. All Account Banks providing escrow account services to Developers in respect of Off-Plan
Projects already under construction on Al Reem Island prior to 1 January 2025 shall:
a. By no later than 17 January 2025:
i. submit to the Registrar a copy of each agreement entered into with developers
for the provision of such escrow account services; and
ii. take all necessary steps and submit all required applications and documents
to the Registrar to be registered on the Register of Account Banks. b. from 1 January 2025, take all necessary steps to administer any existing escrow accounts in respect of Off-Plan Projects located in Al Reem Island in accordance with, and shall comply with, as far as possible, sections 7, 8(1), 9(1)(a), 12(5), 12(6), 14, 15, 16, 17, 19 and 21 of the Project Account Rules (irrespective of any contrary provisions contained in any agreement entered into with a developer for the provision of escrow account services, which provisions shall be deemed null and void); and
c. once registered on the Register of Account Banks, comply with all sections of these
Rules.

Consultation Paper No. 4 of 2024
Question 15:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE TRANSITION OF ALREADY ESTABLISHED ESCROW ACCOUNT FOR OFF-PLAN PROJECTS ON AL REEM ISLAND? Question 16:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE TRANSITION OF ACCOUNT BANKS ALREADY PROVIDING ESCROW SERVICES FOR OFF-PLAN PROJECTS ON AL REEM ISLAND?

Consultation Paper No. 4 of 2024
The RA proposes to enact the Off-Plan and Real Property Professionals Regulations 2024 (the “Professionals Regulations”) to introduce a framework designed to govern association managers, brokers, surveyors, engineering auditors, valuers, property managers and property inspectors providing their services in ADGM. The proposed new framework is summarised in the following, but for a more detailed review of the proposal, we refer to draft proposal in Annex C. Unless otherwise defined herein, capitalised terms shall have the same meaning as given to them in the proposed Professionals Regulations. PROPOSAL
84. It is proposed that the Registrar shall maintain the following registers and publish a list of Real
Property Professionals that are registered on the Real Property Professionals Registers, including such details and information as the Registrar may deem necessary for the purposes of transparency and in line with best practice:
a. the Register of Brokers; b. the Register of Surveyors;
c. the Register of Engineering Auditors;
d. the Register of Valuers; e. the Register of Property Managers; f. the Register of Property Inspectors; and g. the Register of Association Managers.
85. To be registered on the applicable Real Property Professionals Register, a Real Property
Professional shall be required to satisfy the Registrar that it meets any minimum registration criteria determined by the Registrar which include the following:
a. holding a valid License; b. holding the necessary professional registrations and qualifications relating to the provisions of the applicable Licensed Service in the Emirate of Abu Dhabi;
c. having the necessary resources, experience and technical expertise; and
d. having subsisting professional indemnity insurance.
86. Brokers and Valuers are also required to register all employees providing Licensed Services
in ADGM.
Introduction of Off-Plan and Real Property Professionals Regulations

Consultation Paper No. 4 of 2024
87. The Registrar shall be entitled to waive any of the registration criteria where it feels that it is
appropriate to do so and that such waiver will not unduly negatively impact the provision of Licensed Services in the ADGM.
88. Brokers, Surveyors, Engineering Auditors, Valuers and Property Inspectors providing
Licensed Services in ADGM shall not be considered to be carrying on economic activities in the Abu Dhabi Global Market and shall not be required to obtain an ADGM license, provided that such Real Property Professionals:
a. do not provide the Licensed Services from a permanent establishment maintained in ADGM; and b. maintain a license issued by the relevant licensing authority of the Emirate of Abu Dhabi permitting the Real Property Professional to undertake the Licensed Services.
89. Property Managers and Association Managers providing Licensed Services in ADGM will be
considered to be carrying on economic activities in the ADGM and are required to obtain an ADGM license regardless of whether they maintain a permanent establishment in the ADGM and have a license issued by a licensing authority in the Emirate of Abu Dhabi.

90. The Professionals Regulations contain requirements for each of the different categories of
    Real Property Professionals (i.e., Association Managers, Brokers, Surveyors, Engineering Auditors, Valuers, Property Managers and Property Inspectors). Specific provisions concerning Brokers
91. With respect to Brokers, it is proposed that:
    a. the Broker has entered into a Brokerage Agreement; and b. in respect of an Off-Plan Project:
    i. the Broker has submitted to the Registrar a copy of the duly executed and
    dated Brokerage Agreement (which the Broker must submit to the Registrar within 15 days of executing the Brokerage Agreement);
    ii. the Broker has paid the relevant fees; and
    iii. the Registrar has reviewed and approved, with or without conditions, the
    Brokerage Agreement and registered it on the Off-Plan Project Register in connection with the Off-Plan Project.
    c. A Broker must not hold itself out as being able to receive or accept any Sale Proceeds
    from Off-Plan Purchasers, their lenders or otherwise. If a Broker receives Sale Proceeds from an Off-Plan Purchaser, the Broker shall:
    i. as soon as practicably possible, deposit all Sale Proceeds it received from the
    Off-Plan Purchaser directly into the Project Account of the Off-Plan Project; or
    ii. if the Broker is unable to deposit the Sale Proceeds into the Project Account
    for reasons outside of its control, the Broker shall as soon as practicably possible return the Sale Proceeds to the Off-Plan Purchaser, without making any deductions, including in respect of the Broker’s fees for the provision of Brokerage Services; and

Consultation Paper No. 4 of 2024 d. the Brokerage Agreement shall, at a minimum, include the details set forth in the Professionals Regulations. Specific provisions for Property Managers and Association Managers
92. It is further proposed that a Property Manager or Association Manager providing
Administrative Services 2 shall only be entitled to charge the beneficiary of the Administrative Service a fee reflective of and commensurate to the reasonable and fair cost for providing or procuring such service, which charge may not, in any event, exceed AED 5,000 per real property. Such fee shall be charged one time only, upon receipt of the Administrative Services, and may not be a renewing or recurring fee unless further Administrative Services are provided by the Developer.
93. Further, the Property Management Agreement shall, at a minimum, include the details set
forth in the Professionals Regulations.
Question 17:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE REGISTRATION OF REAL PROPERTY PROFESSIONALS? Question 18:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE ONGOING REQUIREMENTS FOR REGISTERED REAL PROPERTY PROFESSIONALS? Question 19:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE SPECIFIC REQUIREMENTS FOR CERTAIN TYPES OF REAL PROPERTY PROFESSIONALS (E.G., BROKERS OR PROPERTY MANAGERS)? Off-Plan and Real Property Professionals Regulations (Fees) Rules
94. The Off-Plan and Real Property Professionals Regulations (Fees) Rules 2024 will be issued
with services and fees to reflect the proposal in the regulations. It is envisaged that the fees will be closely aligned with the fees charged in the Emirate of Abu Dhabi for equivalent or similar services. Effective Date and Transition Period for Al Reem Island
95. The Real Property Professionals must register on the relevant Real Property Professionals
Registers within one month of the effective date of the Professionals Regulations. “Administrative Services” means any administrative service ancillary to the provision of Association Management Services or Property Management Services (as is applicable), including without limitation, the review of applications for approval, the registration of documents, the renewal of leases, and the activation and connection of utilities.

Consultation Paper No. 4 of 2024
96. Notwithstanding the foregoing, any Real Property Professional providing Licensed Services
in respect of real property or Off-Plan Projects on Al Reem Island as of the date of publication of the Professionals Regulations shall submit their applications to the Registrar, by no later than 1 January 2025 to be registered on the Real Property Professionals Register.
97. A Broker that is not yet registered on the Register of Brokers on the date these Regulations
come into force shall remain entitled to and may receive fees it is owed in respect of any Brokerage Services it has provided in ADGM prior to the date the Professionals Regulations come into force. Question 20:
DO YOU HAVE ANY CONCERNS WITH, OR FEEDBACK ON, THE PROPOSED PROVISIONS REGARDING THE TRANSITION FOR REAL PROPERTY PROFESSIONALS PROVIDING LICENSED SERVICES ON AL REEM ISLAND?

Consultation Paper No. 4 of 2024
Regulations
Annex A Proposed Real Property Regulations 2024 (editorial blackline)
Annex B Proposed Off-Plan Development Regulations 2024
Annex C Proposed Off-Plan and Real Property Professionals Regulations 2024
Rules
Appendix 1 Proposed Off-Plan Development Regulations (Project Accounts) Rules 2024
Proposed Amendments and Enactments

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Annex A
Consultation Paper No. 4 of 2024
REAL PROPERTY REGULATIONS 20152024
(CONSOLIDATED VERSION OCTOBER 2023)

Annex A
Consultation Paper No. 4 of 2024
CONTENTS
Section Page
PART 1— REAL PROPERTY INTERESTS AND CONVEYANCES GENERALLY ......................... 1

1. Types of Real Property Interests .............................................................................. 1
2. Types of Conveyances ........................................................................................... 32
3. Registrable Interests and Conveyances ................................................................... 3
4. General Principles .................................................................................................... 4
   PART 2 — ADMINISTRATION .................................................................................................... 5
5. Appointment of the Registrar and other officers ..................................................... 5
6. Seal of office ............................................................................................................. 5
7. The Registrar shall establish and maintain a real property register .......................... 5
8. Contents of Register .................................................................................................... 5
   PART 3 — THE REGISTER ................................................................................................................. 6
9. Information the Registrar shall register ..................................................................... 6
10. Duty to create instrument and lodge for registration .............................................. 6
11. Existing musataha and usufruct interests ..... Registrar’s duty to register instruments
    ................................................................................................................................. 7
12. Registrar’s duty to register instrumentsRegistrar shall give distinguishing reference to
    each registered instrument ....................................................................................... 7
13. Registrar shall give distinguishing reference to each registered instrument Order of
    registration of instruments ........................................................................................ 7
14. Order of registration of instrumentsRegistered owner may be an individual or a body
    corporate .................................................................................................................. 7
15. Registered owner may be an individual or a body corporate8Registration after death
    of party executing instrument ................................................................................... 7
16. Registration after death of party executing instrumentPriority of registered instruments
    ................................................................................................................................. 8
17. Priority of registered instruments .................................... Instrument of subordination
    ................................................................................................................................. 8
18. Instrument of subordination .............. Conclusive evidence of information in Register
    ...................................................................................................................................... 8
19. Conclusive evidence of information in Register .......................... Need for registration
    ............................................................................................................................ 8
20. Need for registration ............................................... Effect of registration on interest
    ................................................................................................................................. 8
21. Effect of registration on interest ......................................... Consideration not needed
    ................................................................................................................................. 8
22. Consideration not needed.................... 9Conclusive effect of registration: ownership

Annex A
Consultation Paper No. 4 of 2024
................................................................................................................................. 8
23. Conclusive effect of registration: ownership ................ Quality of registered interests
................................................................................................................................. 9
24. Conclusive effect of registration: approved form ................Exceptions to section 23
................................................................................................................................. 9
25. Quality of registered interests ........................................................................................ 9
26. Exceptions to section 25 ............................................................................................. 10
25. 27. Nature and priority of unregistered instruments ............................................. 10
PART 4 — INITIAL REGISTRATION OF REAL PROPERTY AND TITLES ............................. 10
26. 28. Creation of folio on the Registrar’s initiative ................................................... 10
27. 29. Creation of folio on primary application: general .......................................... 1110
28. 30. Creation of folio on primary application: units in buildings .............................. 11
29. 31. Cancellation of title documents .................................................................... 1211
30. 32. Information to be included in folio ................................................................. 12
PART 5 — JOINT HOLDERS ........................................................................................................ 12
31. 33. Registering life interests, reversions and remainders ...................................... 12
32. 34. Registering co-owners .................................................................................. 12
33. 35. Severing joint tenancy .................................................................................. 1312
PART 6 — TRANSFERS ............................................................................................................... 13
34. 36. Registering transfer .......................................................................................... 13
35. 37. Effect of registration of transfer ........................................................................ 13
PART 7 — EMINENT DOMAIN ................................................................................................. 13
36. 38. Court to determine compensation on just terms ............................................ 13
37. 39. Court to order payment of compensation ..................................................... 1413
38. 40. Transfer under statutory vesting or grant ........................................................... 14
39. 41. Right of Board to adopt eminent domain regulations ..................................... 14
PART 8 — LEASES ............................................................................................................................ 14
40. 42. Lease of real property ...................................................................................... 14
41. 43. Obligation to register lease and renewal .......................................................... 14
42. 44. Requirements for lease to be registered .......................................................... 15
43. Permitted use ......................................................................................................... 15
44. 45. Variation of registered lease ............................................................................. 15
45. 46. Expiry or termination of lease ....................................................................... 1516
46. 47. Termination of lease following lessee’s default ............................................ 1516
47. 48. Surrendering a lease........................................................................................ 16
48. 49. Relief from forfeiture ........................................................................................ 16

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Consultation Paper No. 4 of 2024
49. Lessee’s goods…………………………………………………………………………17
PART 9 — MORTGAGES .............................................................................................................. 16
50. Right to mortgage ............................................................................................................. 16
51. Requirements for mortgage ............................................................................................. 16
50. 52. Mortgage as charge only............................ Form of short-term residential lease
............................................................................................................................... 17
51. Security deposit ..................................................................................................... 17
52. Vacant possession and quiet enjoyment ............................................................... 18
53. Rent ........................................................................................................................ 18
54. Repair ..................................................................................................................... 18
55. Lessor’s right of entry ............................................................................................. 19
56. Building and community service charges and obligations ..................................... 20
57. Utilities .................................................................................................................... 20
58. Renewal of a short-term residential lease ............................................................. 20
59. Rent increase on renewal of a short-term residential lease .................................. 21
60. Termination without an order of the Court ............................................................. 21
61. Termination with an order of the Court .................................................................. 21
62. Alienation of an interest in the short-term residential lease ................................... 22
63. Appointment of a property manager ...................................................................... 23
PART 9 — MORTGAGES .............................................................................................................. 23
64. Right to mortgage ....................................................................................................... 23
65. Requirements for mortgage ....................................................................................... 23
66. Mortgage as charge only ........................................................................................ 23
67. 53. Variation of mortgage ...................................................................................... 1724
68. 54. Discharge of mortgage .................................................................................... 1724
69. 55. Extent of discharge of mortgage ..................................................................... 1724
70. 56. Implied powers of mortgagees ........................................................................ 1724
71. 57. Exercise of power of sale ................................................................................ 1825
72. 58. Injunction to restrain power of sale ................................................................ 1825
73. 59. Effect of transfer after sale by mortgagee .................................................... 1825
74. 60. Application of proceeds of sale ....................................................................... 1926
75. 61. Appointment of receiver ............................................................................... 1926
76. 62. Foreclosure .............................................................................................. 2027
77. 63. Right to tack further advances .................................................................. 2027
PART 10 — STATUTORY CHARGES .......................................................................................... 2027
78. 64. Registration of statutory charges ................................................................. 2027

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Consultation Paper No. 4 of 2024
PART 11 — EASEMENTS .................................................................................................... 2128
79. 65. Easements in gross permitted ..................................................................... 2128
80. 66. Easements by prescription or implication ..................................................... 2128
81. 67. Rights to support of real property and structures ......................................... 2128
82. 68. Implied easements for services in development .......................................... 2128
83. 69. Implied easements of way and other rights shown in subdivision plan ........ 2229
84. 70. Creation of easement by registration ........................................................ 2230
85. 71. Requirements for easement ......................................................................... 2330
86. 72. Easement benefiting and burdening same registered owner’s lots .............. 2330
87. 73. Variation or release of easement by parties ................................................. 2330
88. 74. Same person becoming registered owner of benefited and burdened lots .. 2331
89. 75. Cancellation of easement............................................................................. 2431
90. 76. Court order varying or extinguishing easement ........................................... 2431
91. 77. Party walls ........................................................................................................ 2532
92. 78. Easements created by Court order ................................................................. 2532
93. 79. Contribution to repairs .................................................................................. 2633
PART 12 — COVENANTS ............................................................................................................. 2633
94. 80. Covenants in gross permitted ...................................................................... 2633
95. 81. Positive covenants permitted ....................................................................... 2633
96. 82. Creation of covenant by registration............................................................. 2633
97. 83. Requirements for covenant .......................................................................... 2634
98. 84. Covenant benefiting and burdening same registered owner’s lots ............. 2734
99. 85. Variation or release of covenant by parties ............................................... 2734
100. 86. Same person becoming registered owner of benefited and burdened lots .. 2734
101. 87. Duration of covenant .................................................................................... 2734
102. 88. Court order varying or extinguishing covenant ........................................... 2735
103. 89. Benefit of covenants relating to land ........................................................... 2835
104. 90. Burden of covenants relating to land .......................................................... 2835
105. 91. Covenants binding land ................................................................................. 2835
106. 92. Effect of covenant with two or more jointly .................................................. 2936
PART 13 — DECEASED ESTATES ............................................................................................ 2936
107. 93. Registration of personal representative .................................................... 2936
108. 94. Dealings without registration of personal representative .......................... 2936
109. 95. Notice of death or defeasance ................................................................. 2937
PART 14 — WRITS ........................................................................................................................ 3037

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Consultation Paper No. 4 of 2024
110. 96. Request to register writ of execution ........................................................ 3037
111. 97. How writ is registered ..................................................... 30Registration of writ
.......................................................................................................................... 37
112. 98. Effect of registering writ of execution ....................................................... 3037
113. 99. Cancellation of registration of writ ............................................................ 3037
114. 100. Discharging or satisfying writ of execution ............................................. 3038
115. 101. Transfer of lots sold in execution ........................................................... 3138
PART 15 — CAVEATS .................................................................................................................. 3138
116. 102. Who may lodge a caveat? ..................................................................... 3138
117. 103. Requirements of caveat ......................................................................... 3138
118. 104. Registering a caveat .............................................................................. 3239
119. 105. Notifying caveat ..................................................................................... 3239
120. 106. Effect of lodging caveat ......................................................................... 3239
121. 107. Withdrawal of caveat ............................................................................. 3340
122. 108. Lapsing of caveat .................................................................................. 3340
123. 109. Removal of caveat by Court order ......................................................... 3341
124. 110. Further caveat ....................................................................................... 3441
125. 111. Order for security ................................................................................... 3441
126. 112. Compensation for improper caveat ........................................................ 3441
127. 113. Notices to caveator ................................................................................ 3442
128. 114. Right to injunction not affected ............................................................... 3442
PART 16 — INSTRUMENTS ........................................................................................................ 3442
129. 115. Execution of certain instruments ............................................................ 3442
130. 116. Indicating consent when required for dealing ......................................... 3542
131. 117. Execution of instruments by business entities and natural persons ........ 3542
132. 118. Execution of instrument under power of attorney ................................... 3543
119. When instrument capable of registration ............................................................... 36
133. Instruments capable of registration .................................................................... 43
134. 120. Address for service to be provided ......................................................... 3643
135. 121. Lodgement and deposit of instruments by electronic or other means ..... 3644
136. 122. Registrar’s power to correct obvious errors in instruments ........................ 3644
137. 123. Registrar’s requisitions ............................................................................... 3744
138. 124. Rejecting instrument if requisitions not complied with ................................. 3745
139. 125. Right to relodge rejected instrument .......................................................... 3745
140. 126. Requiring plan of survey to be lodged ..................................................... 3745

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Consultation Paper No. 4 of 2024
141. 127. Standard terms documents ........................................................................ 3845
PART 17 — POWERS OF AND PROCEEDINGS AGAINST THE REGISTRAR ..................... 3846
142. 128. General powers of the Registrar ................................................................ 3846
143. 129. The Registrar may correct Register .............................................................. 3846
144. 130. The Registrar may prepare and lodge caveat ............................................ 3846
145. 131. The Registrar may state a case .................................................................... 3946
146. 132. Payment of certain fees to the Registrar .................................................... 3947
147. 133. The Registrar may approve forms ................................................................ 3947
148. 134. The Registrar may be summoned for refusal to perform duty .................... 3947
PART 18 — SEARCHES ..................................................................................................................... 4047
149. 135. Entitlement to search the Register ............................................................... 4047
150. 136. Evidentiary effect of documents issued by Registrar ................................. 4048
151. 137. Official searches ........................................................................................ 4048
PART 19 —EXISTING RIGHTS ................................................. 40PART 19 — EXISTING RIGHTS
....................................................................................................................................................... 49
152. 138. Existing rights ........................................................................................ 4049
PART 19A — CONTRAVENTIONS ........................................... 41PART 20 — CONTRAVENTIONS
................................................................................................................................................. 49
153. Contraventions and Fines .................................................................................. 49
PART 21 — MISCELLANEOUS ................................................................................................ 49
154. Words and expressions used in instruments .......................................................... 49
155. Reference to instrument is reference to instrument completed in approved
form ................................................................................................................... 49
156. Service of notices ................................................................................................... 49
157. Deemed receipt in certain cases ............................................................................ 50
158. Rules ................................................................................................................. 50
159. Conveyances................................................................................................................... 51
PART 22 – PROVISIONS WITH REGARD TO PERSONAL AS WELL AS REAL PROPERTY..51
160. Release of powers simply collateral ....................................................................... 51
161. Disclaimer of power ................................................................................................ 51
162. Protection of purchasers claiming under certain void appointments ...................... 51
163. Abolition of the double possibility rule .................................................................... 52
164. Presumption of survivorship in regard to claims to property ................................. 52
165. Abolishing contingent remainders .......................................................................... 52
166. Abolishing of certain laws ................................................................................................... 52
167. Legal assignments of things in action ..................................................................... 53

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168. Validation of appointments where objects are excluded or take illusory
shares ................................................................................................................ 53
PART 23 — AL REEM ISLAND ......................................................................................................... 53
169. Existing musataha and usufruct interests on Al Reem Island ................................ 53
170. Existing freehold interests on Al Reem Island ........................................................ 54
171. Existing granted land on Al Reem Island................................................................ 54
172. Existing leasehold interests on Al Reem Island ...................................................... 54
173. 138A. Contraventions and FinesCorrections of the
Register…………………………………………………………….4155
174. Priority of registered instruments……………………………………………………..55
175. Application of these Regulations to Real Property located on Al Reem Island ...... 55
176. Extensions of time .................................................................................................. 56
PART 20 — MISCELLANEOUS ................................................................................................ 41
139. Words and expressions used in instruments ............................................................. 41
140. Reference to instrument is reference to instrument completed in approved form
.......................................................................................................................... 41
141. Service of notices ...................................................................................................... 41
142. Deemed receipt in certain cases ................................................................................ 42
143. Rules ..................................................................................................................... 42
144. Conveyances to be by deed .............................................................................................. 43
PART 21 –PROVISIONS WITH REGARD TO PERSONAL AS WELL AS REALPART 24 —
INTERPRETATION ............................................................................................................................. 56
PROPERTY............................................................................................................................. 43
145. Release of powers simply collateral ........................................................................... 43
146. Disclaimer of power ................................................................................................... 43
147. Protection of purchasers claiming under certain void appointments .......................... 43
148. Abolition of the double possibility rule ........................................................................ 44
149. Presumption of survivorship in regard to claims to property .................................... 44
150. Abolishing contingent remainders .............................................................................. 44
151. Abolishing of certain laws ....................................................................................................... 44
152. Legal assignments of things in action ........................................................................ 44
153. Validation of appointments where objects are excluded or take illusory
shares ................................................................................................................ 45
PART 22 — INTERPRETATION ........................................................................................................ 45
177. 154. Rules of interpretation ................................................................................ 4556
178. 155. Defined terms ................................................................................................ 4656
PART 23 — GENERAL ............................................................................... 48PART 25 — GENERAL

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............................................................................................................................................................. 58
179. 156. Purpose of these Regulations ....................................................................... 4858
180. 157. Short Title, extent and commencement ..................................................... 4859

REAL PROPERTY REGULATIONS 20152024
Regulations to govern the law of real property, to establish a system of real property registration and to make provision for matters relating to real property and real property registration. Date of Enactment: 3 March 2015publication: [●] 2024 The Board of Directors of the Abu Dhabi Global Market, in exercise of its powers under Article 6(1) of Law No. 4 of 2013, as amended, concerning the Abu Dhabi Global Market issued by His Highness the Ruler of the Emirate of Abu Dhabi, hereby enacts the following Regulations:
PART 1 — REAL PROPERTY INTERESTS AND CONVEYANCES GENERALLY
Chapter 1 — Types of Real Property Interests

1. Types of Real Property Interests
   The only estates or interests in real property which are capable of subsisting or of being Conveyed or created at law in the Abu Dhabi Global Market are the interests enumerated in subsections (a)(a) -(j) (j) below, with all other estates, interests and charges in or over real property taking effect as equitable interests– (a) notwithstanding anything to the contrary herein contained, freehold interests in land located within the geographical limits of the Abu Dhabi Global Market 1 ; (b) freehold interests in real property (other than land), consisting of fee simple interests and life estate interests (the latter, as further provided in section 3331 of these Regulations); (c) future interests – Interests in real property that become effective at a future date, including the following and as further provided in Part 5 of these Regulations– (i) reversion interest – A right by the grantor of a freehold interest to the return of such interest upon the occurrence of a future event that is certain to occur; (ii) possibility of reverter – A right by the grantor (or such grantor’s heirs) of a freehold interest to the return of such interest upon the occurrence of a stated condition; (iii) right of entry (or power of termination) – A right by the grantor of a freehold interest (or a third party) subject to condition subsequent to repossess or terminate such interest upon the occurrence of a stated condition; and (iv) remainder interest – A right of a person to receive the residue and remainder of a real property following the termination of a life estate or a leasehold interest; and Amended on 5 May 2020

(v) executory interest – A future interest held by a third party that is not one of the interests described in subsections (i)(i) -(iv) (iv) above; (d) joint estates – Interests in real property held by more than one person simultaneously as described in Part 5 of these Regulations, including the following– (i) joint tenancy – Two or more persons’ (joint tenants) ownership of a real property interest on an undivided basis and with right of survivorship; and (ii) tenancy in common – Two or more persons’ (tenants in common) ownership of a real property interest in shares agreed among themselves, each tenant in common having the right to possess the entire real property interest; (e) leasehold – An interest in real property that gives a person (the tenantlessee) the right to use and occupy real property owned or leased by another person (the lessor) pursuant to the terms and provisions of a lease as described in Part 8 of these Regulations. A leasehold interests hallinterest shall include one or more sub￾leasehold interests arising under a leasehold interest (and successive sub￾leasehold interests of such sub-leasehold interests, at any tier of ownership). A leasehold interest does not include a license interest, including an occupational license interest, which is not an interest in real property; (f) strata interests – An interest in one or more Strata Lots pursuant to the Strata Title Regulations 2015; (g) mortgage – An interest in real property held by a lender (mortgagee) as security for repayment of indebtedness, where default under that indebtedness entitles the mortgagee to foreclose on the secured interest in real property pursuant to the terms and conditions of the mortgage instrument and other documentation relating to the indebtedness and as described in Part 9 of these Regulations; (h) statutory charge – A statutory charge established by or under applicable law that imposes a restriction on the use of or dealing with the real property as described in Part 10 of these Regulations; (i) easement – An interest in real property consisting of a non-possessory right of use or entry or benefit (such as light and air) in favour of the owner of one parcel of real property (the dominant tenement, or, in the case of an easement in gross, a person) over another parcel of real property (the servient tenement) as described in Part 11 of these Regulations; and (j) covenant – An agreement by the owner of real property for the benefit of another person that something is done, will be done, or will not be done in relation to the applicable real property which is intended to bind and burden the applicable real property and as further described in Part 12 of these Regulations.
Chapter 2 — Types of Conveyances
2. Types of Conveyances
The following Conveyances of interests in real property shall be recognised in the ADGM–

(a) a sale, assignment, novation, lease (at any level) or granting of any real property interest described in subsections (a)(a) -(j) (j) of section 110 of these Regulations (or an assignment, novation or termination thereof in whole or in part); (b) a gift of any real property interest described in subsections (a)(a) -(j) (j) of section 110 of these Regulations; (c) the taking effect of any future interest described in subsection (c)(c) of section 110 of these Regulations; (d) a mortgage of real property (or foreclosure or discharge thereof in whole or in part) as described in subsection (g)(g) of section 110 of these Regulations; (e) a statutory charge with respect to any real property as described in subsection (h)(h) of section 110 of these Regulations; (f) a caveat with respect to any real property as described in Part 15 of these Regulations; and (g) a Conveyance of real property pursuant to powers of eminent domain as further described in Part 7 of these Regulations.
Chapter 3 — Registrable Interests and Conveyances
3. Registrable Interests and Conveyances
(1) The following matters shall be registrable in the Register as further described in Part 6 and elsewhere in these Regulations– (a) any interest in real property described in Chapter 1 above; (b) any agreement to create or transfer any interest in real property described in
Chapter 1 above;
(c) a certificate or other instrument (including a memorandum or short-form agreement, which may omit commercially sensitive or proprietary information) evidencing any of the Conveyances described in Chapter 2 above; (d) an agreement modifying any matter so registrable in the Register, including any agreement modifying the priorities of any interests or the rights of the parties having any interest described above, including any non-disturbance agreement as described in section 48(2)(b)47(2)(b); (e) registrations of personal representatives or of records of death of a registered owner of real property as described in Part 13 of these Regulations; and (f) a writ of execution in real property (or cancellation, discharge or satisfaction thereof). (2) In the event that, with respect to any question of ownership of any freehold interest in real property, there shall be a conflict between the register of the Municipality of Abu Dhabi

Real Property Register and the Register created hereunder, the latterRegistrar shall control to the extent ofreview such inconsistency. upon becoming aware and shall be entitled to determine such question of ownership or may refer such matter for determination by the Courts and thereafter the Registrar may take any steps it reasonably requires to clarify ownership in the Register.
Chapter 4 — General Principles
4. General Principles
(1) Covenants against public policy void – Any covenants affecting real property which are adjudged by the Court to violate the public policy of the Abu Dhabi Global Market, the Emirate of Abu Dhabi or the UAE shall be void and of no force or effect. (2) Prohibition on waste – In the case of any life estate, joint tenancy or tenancy in common, any tenant in occupancy is prohibited from laying waste to the real property subject to the relevant interest. Unless otherwise contractually agreed, waste does not include reasonable wear and tear. (3) Non-merger – There shall not be any merger by operation of law of any estate in real property, the beneficial interest in which would not be deemed to be merged or extinguished in equity. Without limiting the foregoing, where on registration of a lease the interests of lessor and lessee vest in the same person, no merger occurs unless the lessor and lessee evidence a contrary intention in the instrument of transfer. (4) Interests required to be in writing – Subject to subsection (5)(5) below, with respect to the creation of interests in real property by parol– (a) no interest in real property can be created or disposed of except by writing signed by the person creating or Conveying the same, or by his agent thereunto lawfully authorised in writing, or by will, or by operation of law; (b) a declaration of trust respecting any real property interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust or by his will; and (c) a disposition of an equitable interest or trust subsisting at the time of the disposition, must be in writing signed by the person disposing of the same, or by his agent thereunto lawfully authorised in writing or by will. (5) Parol – All interests in real property created by parol and not put in writing and signed by the persons so creating the same, or by agents thereunto lawfully authorised in writing, have, notwithstanding any consideration having been given for the same, the force and effect of interests at will only. Nothing in this subsection shall invalidate dispositions by will or affect the operation of the law relating to part performance. (6) Anti-abuse – Where these Regulations provide for a fee or a maximum term requirement (as in section 4240), an attempt by a party to structure a transaction with an intention to defraud or misrepresent the Registrar for the purpose of avoiding the fee or requirement in question, the Registrar may request for the value of the transaction to be determined by an independent valuator at the expense of the parties involved in order for the Registrar

to be able to determine the applicable fees 2
. (7) Adverse possession disallowed – A person does not acquire any right or title to real property by any length of adverse possession.
PART 2 — ADMINISTRATION
Chapter 1 — Appointment of the Registrar
5. Appointment of the Registrar and other officers
(1) The Registrar has been created as a department of the Abu Dhabi Global Market pursuant to Article (10) of the ADGM Founding Law. (2) A person dealing with the Registrar may assume that acts done or records made have been done or made within authority.
6. Seal of office
(1) The Registrar shall have a seal of office.
(2) Unless the contrary is shown, a document purporting to be issued by the Registrar and bearing the seal of the Registrar or a likeness of that seal is to be taken to be issued by the Registrar.
Chapter 2 — Establishment of Register
7. The Registrar shall establish and maintain a real property register
The Register shall be established and maintained by the Registrar.
8. Contents of Register
(1) The Register consists of–
(a) folios;
(b) registered instruments;
(c) information registered by the Registrar in accordance with sections 99 and 1010; and (d) documents lodged with the Registrar that are not required to be registered. (2) The Register may be kept in any form (documentary or otherwise) the Registrar from time to time determines appropriate, including in the form of electronic files. (3) A folio shall be created for each lot now or hereafter existing in the Abu Dhabi Global Market Area. Amended on 6 June 2022

(4) The lots comprising the Abu Dhabi Global Market Area shall be defined by the Registrar with reference to the master plan of the Abu Dhabi Global Market Area in effect at the time of such designation or such other plan deemed necessary or desirable by the Relevant Authorities.
PART 3 — THE REGISTER
Chapter 1 — General
9. Information the Registrar shall register
(1) The Registrar shall register in the Register the information necessary to identify– (a) every folio, and the lot or lots to which each such folio corresponds; (b) every instrument registered by the Registrar, and the date and time it was registered; (c) every instrument lodged with the Registrar, and when it was lodged; and (d) the name of each present and past registered owner of each lot and the nature of their interest. (2) The Registrar shall also register in the Register anything else required to be registered in it by this Regulation.
Chapter 2 — Registration of instruments
10. Duty to create instrument and lodge for registration
(1) A person may Convey property to himself or to himself and another person or persons. (2) A person who Conveys real property shall ensure that– (a) the Conveyance is embodied in an instrument in the appropriate approved form, if applicable; and (b) the execution and delivery of the instrument by that person is in accordance with these Regulations. (3) A person in whose favour real property is Conveyed shall ensure that– (a) the Conveyance is embodied in an instrument in the appropriate approved form, if applicable; (b) the execution and delivery of the instrument by that person is in accordance with these Regulations; and (4) Each person so Conveying or receiving such a Conveyance shall do their best to ensure

that–
(a) all necessary consents or approvals required in connection with the Conveyance are obtained; and (b) if those consents or approvals are obtained, the instrument is lodged for registration as soon as practicable after completion of the transaction that gave rise to the Conveyance.
11. Existing musataha and usufruct interests
(1) The parties to musataha and usufruct interests in existence as of the date of publication of these Regulations shall register such interests as leases pursuant to “memoranda of leases” pursuant to section 3(1)(c) above by not later than the later to occur of– (a) the first anniversary of the date of publication of these Regulations; or (b) any extended registration period for which provision may be made pursuant to transition regulations or arrangements effected by the Board pursuant to section 157(3) below. Unless the parties elect to convert the legal form of the underlying instrument from musataha or usufruct, as applicable, to a lease, the contractual rights and obligations arising under the underlying musataha or usufruct arrangement shall not be affected or modified by reason of such registration. (2) To the extent that any musataha or usufruct interest was previously registered and a fee paid therefor, the Registrar shall make reasonable efforts to provide that any initial registration pursuant to subsection (1) above shall not be subject to an additional fee.
11. 12. Registrar’s duty to register instruments
(1) Subject to section 12(2)11(2), if a person lodges for registration an instrument that affects real property and that is in approved form, if applicable, the Registrar shall register it. (2) Subsection (1)Section 11(1) does not prevent a person from withdrawing an instrument lodged for registration before it is registered. (3) The Registrar shall record any disposition shown on any deed or other instrument ordered by a Court. (4) All instruments lodged for registration shall be in the English language and, where the original instrument was executed in a language other than the English language, an English translation must be provided. In the event of any conflict or inconsistency between the provisions, the English translation shall prevail.
12. 13. Registrar shall give distinguishing reference to each registered instrument
(1) On registering an instrument affecting real property, the Registrar shall– (a) give the instrument a distinguishing reference sufficient to identify it; and (b) register the reference in the folio for the lot or lots concerned. (2) An instrument is registered when the Registrar registers the distinguishing reference in the folio.
13. 14. Order of registration of instruments

(1) Instruments eligible for registration shall be registered in the order in which they are lodged for registration. (2) For the purposes of subsection (1)(1), an instrument that is lodged for registration but is later withdrawn before registration or rejected by the Registrar, is not lodged until it is relodged. (3) Despite subsection (1)(1), if an instrument (“instrument 2”) affecting a lot is lodged after another instrument (“instrument 1”) affecting the lot, instrument 2 may be registered before instrument 1 if the registration of instrument 2 cannot affect any interest that a person might claim under instrument 1.
14. 15. Registered owner may be an individual or a body corporate
The registered owner of an interest in real property may be an individual or a body corporate.
15. 16. Registration after death of party executing instrument
The death of a person after signing an instrument but before the instrument is registered, does not, of itself, prevent registration of the instrument.
16. 17. Priority of registered instruments
Registered instruments have priority according to when they were registered, not according to when they were executed or delivered (subject to section 174).
17. 18. Instrument of subordination
(1) A registered interest may, by a registered instrument of subordination executed by all parties to the interest, be subordinated to any other registered interest. (2) On registration of the instrument, the parties’ interests rank in priority in the order expressed in the instrument.
18. 19. Conclusive evidence of information in Register
The information about a registered instrument registered in the Register is conclusive evidence of– (a) the registration of the instrument in the Register; (b) when the instrument was registered in the Register; and (c) the contents of the instrument.
Chapter 3 — Consequences of registration
19. 20. Need for registration
Subject to section 2725, an instrument which is required to be registered does not Convey

an interest in real property until the instrument is registered.
20. 21. Effect of registration on interest
On registration of an instrument that is expressed to transfer or create an interest in real property, the interest– (a) is transferred or created in accordance with the instrument; and (b) vests in the person identified in the instrument as being entitled to the interest.
21. 22. Consideration not needed
The benefits of registration apply to an instrument whether or not valuable consideration is given.
22. 23. Conclusive effect of registration: ownership
(1) The registration of a person as owner of an interest in real property is conclusive evidence that– (a) the person is the owner of that interest; and (b) the person’s title to that interest is indefeasible (unless the instrument registered in the Register expressly specifies that such title is defeasible).
24. Conclusive effect of registration: approved form
The registration of an instrument is conclusive evidence that such instrument was in approved form, if applicable.
23. 25. Quality of registered interests
(1) A registered owner holds the registered interest subject to all prior interests registered in the folio for the relevant lot but free from all other interests. (2) In particular, neither the registered owner nor any person relying upon a certificate issued by the Registrar showing the registered owner of real property– (a) is affected by actual or constructive notice of any unregistered interest affecting the lot; (b) is affected by any interest that, but for these Regulations, might be held to be paramount or to have priority; (c) is affected by any error or informality in any application or proceedings; or (d) is liable to proceedings for possession unless the proceedings are brought by a person claiming a registered interest in the lot. (3) However, subsections (1)(1) and (2)(2) do not apply– (a) to an interest or matter mentioned in section 2624; or

(b) if the Registrar has reasonable suspicion that either the motivation or intent of either the transferor or the transferee in engaging in the underlying transaction was to participate in or further any money laundering or terrorism financing scheme.
24. 26. Exceptions to section 2523
Neither a registered owner of an interest in real property nor any person relying upon a certificate issued by the Registrar showing the registered owner of real property obtains the benefit of section 2523 in relation to the following interests or rights affecting the lot– (a) any easement or public right of way in existence when the real property became governed by these Regulations as and to the extent that the existence of same could be determined by an accurate survey or physical inspection; (b) any right in favour of any Relevant Authority to the extent binding on the registered owner; (c) any easement implied under sections 6882 and 6983; (d) any statutory charge under section 6478; (e) any matter registered by the Registrar under section 99; (f) an equitable obligation binding the registered owner as a result of the registered owner’s conduct; or (g) the interest of another registered owner, if two or more persons are registered as owners of the same interest (in which case the earliest-registered interest prevails).
Chapter 4 — Unregistered instruments
25. 27. Nature and priority of unregistered instruments
(1) Nothing in these Regulations prevents an instrument not eligible for registration or lodged for registration but not yet registered from operating as a contract between the parties thereto, or from being otherwise enforceable according to its terms. (2) The lodgement of an instrument for which no approved form exists has the same effect as the lodgement of a caveat protecting the interest claimed under that instrument. (3) The benefit of subsection (2)(2) is lost if the instrument is withdrawn from registration.
PART 4 — INITIAL REGISTRATION OF REAL PROPERTY AND TITLES
Chapter 1 –— Creation of folio
26. 28. Creation of folio on the Registrar’s initiative
(1) UponSubject to section 26(3), upon creating a folio pursuant to section 8(3)8(3), the Registrar shall–

(a) notify the person who, from records available to the Registrar, appears to be the freehold owner of the land; and (b) require that person to produce all title documents substantiating ownership of the real property. (2) The owner’s inability or refusal to produce the documents in subsection (1)(b) (1)(b) does not prevent the Registrar from creating the folio. (3) In respect of any land located on Al Reem Island that is already registered on the Abu Dhabi Real Property Register prior to 1 January 2025, the Registrar may create folios pursuant to section 8(3), in reliance of the records and information made available to the Registrar by the Municipality of Abu Dhabi or any successor body, and in doing so, the Registrar may require that person to produce all title documents substantiating ownership of the real property. (4) The freehold owner (or any person purporting to have a freehold interest in the real property) of land located in Al Reem Island may, within six (6) months of the creation of the folio by the Registrar in accordance with section 26(3), lodge an application with the Registrar, in such form as the Registrar may specify, notifying the Registrar of any error in the information contained in the Register pertaining to the land in question.
27. 29. Creation of folio on primary application: general
(1) Unless within 180 days after publication of these Regulations the Registrar has made a notification under section 28(1)(a) as to any given lotalready done so, the persons listed in subsection (2) shall(2) below may, on or prior to the first anniversary of the publication of these Regulations30 June 2025, lodge a primary application with the Registrar to create a folio. (2) The persons are– (a) the person claiming to be the freehold owner of the real property; or (b) the persons who collectively claim to be the freehold owners of the real property. (3) The persons in subsection (2)(2) above may, before lodging the primary application, ask the Registrar to advise whether the Registrar intends to create a folio on the Registrar ’sRegistrar’s own initiative under section 2826. If the Registrar replies in the affirmative, those persons need not lodge a primary application. (4) A primary application shall be– (a) in the form required by the Registrar; and (b) accompanied by title documents and other evidence the Registrar may require. (5) The Registrar may– (a) require the applicant to advertise or otherwise notify persons that the application has been made; and

(b) refer the application to a legally qualified person to investigate the title of the applicant or applicants. (6) If the Registrar determines that the applicant is the freehold owner of the real property, or that the applicants collectively are the freehold owners of the real property or the owner of a leasehold interest, the Registrar shall grant the application by creating a folio.
28. 30. Creation of folio on primary application: units in buildings
(1) The obligationability to lodge a primary application under section 2927 applies also in respect of a strata development, where the Relevant Authority has approved the strata plans and the building plans have been approved to the extent required by the Relevant Authority. (2) Where the requirements of subsection (1)(1) are satisfied, the Registrar shall, instead of creating a single folio of the Register for the real property on which the building or buildings comprising the strata development are erected or proposed to be erected, create a folio of the Register for each Strata Lot in the building or buildings as if it were a separate lot, and shall subdivide the lots into sublots to the extent approved by the Relevant Authority. (3) Where the Registrar creates a folio of the Register for a Strata Lot, the Registrar shall record in the folio for the applicable Strata Lot that ownership of the Strata Lot may be subject to the benefits and burdens created under the applicable Strata Title Documents.
29. 31. Cancellation of title documents
On creating a folio on a primary application, the Registrar – (a) may cancel all prior title documents or may return them to the person from whom the Registrar received them; (b) shall not destroy the documents without the consent of the Board; and (c) shall in all events maintain copies of all title documents registered or lodged with the Registrar for not less than six (6) years.
Chapter 2 — Information to be included in folio of Register
30. 32. Information to be included in folio
(1) When creating a folio, the Registrar shall register in the folio– (a) as the freehold land owner, the person or persons whom the Registrar determines to be entitled to be registered as the freehold land owner; and (b) as the owner of any other interest affecting the lot that is apparent to the Registrar or that is later brought to the Registrar’s attention under this section, the person whom the Registrar determines to be entitled to be registered as a holder of that interest. (2) Further, when creating a folio, the Registrar shall, if it is the fact, register in the folio that ownership of the lot–

(a) may be subject to the benefits and burdens created under any Strata Development Documents, building sales agreement, co-owners association constitution, master community declaration, or similar document applicable to the lot; and (b) may include shares in an owner’s association associated with the development of which the building forms part.
PART 5 — JOINT HOLDERS
31. 33. Registering lift interests, reversions and remainders
The Registrar may register a life estate and an interest in reversion or remainder. A life estate is an interest in real property that gives a person (the life tenant) the right to use and occupy the real property until the death of the life tenant, at which point ownership reverts to the original owner or passes to a remainderman.
32. 34. Registering co-owners
(1) When registering persons as co-owners of real property or an interest therein, the Registrar shall register whether they hold at law as tenants in common or as joint tenants. (2) Unless the Registrar registers otherwise, tenants in common are presumed to hold in equal shares. (3) If an instrument does not show whether co-owners hold as tenants in common or as joint tenants, the Registrar shall register them as tenants in common at law in equal shares.
33. 35. Severing joint tenancy
(1) A joint tenant of real property may unilaterally sever the joint tenancy by registered Conveyance to himself or herself. (2) On registration of the Conveyance, the joint tenancy is severed as regards the interest so transferred. (3) This section does not limit other ways in which a joint tenancy may be severed. (4) Upon severance, the interests of former joint tenants shall be converted to a tenancy in common with each tenant in common owning in equal shares of the total interests.
PART 6 — TRANSFERS
34. 36. Registering transfer
(1) Subject to subsections (2)(2) and (3)(3), real property, or a registered interest in real property, may be Conveyed by registering a transfer. (2) Except as provided in these Regulations, a part of a lot cannot be transferred apart from the rest of the lot of which it is a part. (3) Subsection (2)(2) does not prevent the acquisition of a part of a lot by a Relevant Authority

or the approval of a subdivision by a Relevant Authority or the leasing of all or part of a lot.
35. 37. Effect of registration of transfer
(1) On the registration of a transfer, all the transferor’s rights, powers, and privileges in relation to the real property or the interest in the real property vest in the transferee. (2) On the registration of a transfer, all the transferor ’s obligations in relation to the real property or the interest in the real property are assumed by the transferee, without, however, unless otherwise expressly provided, releasing the transferor from such obligations. (3) The foregoing provisions of this section shall not limit the ability of the parties to a transfer to allocate risk and responsibility as between themselves in connection with the transfer.
PART 7 — EMINENT DOMAIN
36. 38. Court to determine compensation on just terms
If real property is acquired from a person by a public authority, and the Abu Dhabi Global Market Regulations do not provide the person with compensation on just terms, then the Court shall determine the appropriate compensation payable.
37. 39. Court to order payment of compensation
Upon making a determination pursuant to section 3836, the Court may order the applicable public authority to make payment of such compensation.
38. 40. Transfer under statutory vesting or grant
(1) If real property has become vested in a person or public authority by or under any enactment, the Registrar– (a) shall register in the Register any entries in relation to the real property that the Registrar determines necessary in connection with the vesting; and (b) may cancel or create folios as the Registrar determines appropriate in consequence of the vesting. (2) The Registrar may exercise the powers conferred by subsection (1)(1)– (a) on application; or (b) on the Registrar’s own initiative.
39. 41. Right of Board to adopt eminent domain regulations
The Board may make rules defining the circumstances in which compensation shall be paid, the manner of its payment and how to calculate such compensation.

PART 8 — LEASES
Chapter 1 — General requirements
40. 42. Lease of real property
(1) Real property may be leased in the Abu Dhabi Global Market for up to ninety-nine (99) years and the term of any such lease may be renewed or extended on one or more occasions and for such period or periods of time as the lessor and the lessee may agree in the lease or as may be provided for under section 58, provided that in no event shall the aggregate term of any lease (inclusive of all such renewals or extensions) exceed one hundred and ninety-eight (198) years. (2) A lease may comprise one or more lots or parts of lots.
41. 43. Obligation to register lease and renewal 3
(1) A lessor shall, within 1 monththirty (30) days of the date on which the lease is entered into, notify the Registrar of the identity of the lessee and provide any other details the Registrar requires 4 . (2) A lessor shall, within 1 monththirty (30) days of the date on which a lease is renewed, notify the Registrar and provide any details the Registrar requires 5 . (3) A lessor complies with subsections (1)(1) and (2)(2) if the lease (or its renewal) is lodged for registration, in approved form, within 1 monththirty (30) days of the date on which the lease (or its renewal) was signed by all parties to it 6 . 42. 44. Requirements for lease to be registered (1) In order to be registered, a lease shall– (a) In order to be registered, a lease shall include a description sufficient to identify each lot or part lot to be leased, the lessor, the lessee, ; (b) include a description sufficient to identify the lessor and the lessee, which shall include, without limitation, the parties’ addresses, contact details, nationalities and (if applicable) license number; (c) include the term (including any renewals), the commencement date, and any applicable option to renew, purchase, or expand, such as rights of first offer or refusal. A ; and (d) in respect of short-term residential leases– Amended on 6 June 2022 Amended on 6 June 2022 Amended on 6 June 2022 Amended on 6 June 2022

(i) be in any required form set out in section 50(3), if applicable; and (ii) comply with the requirements set out in section 50(1). (2) Other than with respect to a short-term residential lease, a memorandum of lease may be registered in lieu of a complete lease provided that it includes all of the elements listed in the previous sentencethis section 42. Any lease or memorandum thereof which includes such elements shall be deemed to be an approved form of lease for purposes of the registration thereof.
43. Permitted use
(1) A lessee of real property shall–
(a) use the real property in accordance with the permitted use under the lease (which use must be consistent with the permitted use for the real property under the master plan); and (b) not use the real property in such a manner that would unreasonably cause nuisance to or interfere with the use of any adjoining real property or for any purpose that is contrary to applicable law.
44. 45. Variation of registered lease
(1) A registered lease may be varied by registering an instrument of variation of the lease. (2) However, the instrument of variation shall not– (a) add or remove a party to the lease; or (b) be lodged after the term of the lease (including as extended by any option to renew) has expired. (3) A lease as varied by registration of an instrument of variation continues in force according to its terms and is not surrendered by virtue of the variation. (4) This section does not limit other ways in which a lease may be varied. If a lease is varied by other means, the Registrar may register variation in the folio on application by either lessor or lessee and supported by any evidence the Registrar may require.
45. 46. Expiry or termination of lease
The Registrar may register in the folio that a registered lease has expired and shall do so upon the request of the lessor or lessee accompanied by evidence of such expiration acceptable to the Registrar.
46. 47. Termination of lease following lessee’s default
(1) The registering of the termination of a lease does not release the lessee from liability for breach of a covenant, either express or implied, in the lease. (2) After the termination of a registered lease containing an option to renew or purchase–

(a) the Registrar need not enquire whether the option has been exercised; and (b) a person dealing with the lessor need not enquire whether any unregistered interest has been created in exercise of the option.
47. 48. Surrendering a lease
(1) A registered lease may be wholly or partly surrendered by registering a surrender of the lease or a variation evidencing a partial surrender executed by the lessor and the lessee. (2) On registration of the surrender– (a) the lessee’s interest vests in the lessor; and (b) any sublease is to be taken to be a direct lease from the lessor if either (i) a non￾disturbance instrument in approved form, if applicable, has been registered as to such sublease, or (ii) the sublessee has agreed to attorn to the lessor as the lessor’s direct tenantlessee, and the lessor has agreed to accept such attornment. The Registrar may submit the matter to determination by the Court in the event of any uncertainty. (3) This section does not limit other means by which a lease may be surrendered. If a registered lease is surrendered by other means, the Registrar may register the surrender in the folio on application by either lessor or lessee and supported by any evidence the Registrar may require.
48. 49. Relief from forfeiture
(1) NothingWithout prejudice to section 60 with respect to the termination of short-term residential leases, nothing contained in these Regulations prevents a lessee from approaching the Court to seek relief against forfeiture of a lease, whether for alleged non￾payment of rent or for alleged breach of any other term of the lease. The Court may suspend forfeiture pending judicial determination or grant other relief against forfeiture on terms that the Court considers appropriate, or may refuse relief.
49. Lessee’s goods
A lessor shall be entitled to dispose of any goods left in a real property for more than thirty (30) days following the due termination or expiry of a lease without any liability to the lessee.
Chapter 2 — Short-term residential leases
50. Form of short-term residential lease
(1) The short-term residential lease shall, at a minimum– (a) comply with section 42(1) and be written in clear and concise language; (b) include a condition report setting out the present state of repair and condition of

the real property (including any lessor furniture and equipment, if applicable) which condition report must be counter-signed by the lessee on handover of the real property (including where the lessee disagrees with the report, in which case any areas of disagreement shall be annotated on the report). (2) The costs of preparing any short-term residential lease shall be borne by the lessor. (3) Nothing in this section 50 shall prevent the Registrar from mandating the use of further standard terms for inclusion in short-term residential leases or a standard form short-term residential lease as it sees fit. The parties to a short-term residential lease may agree to supplement such standard form with additional terms provided that such additional terms are not contrary to any provisions marked as mandatory or irrevocable in these Regulations.
51. Security deposit
(1) The lessor of a short-term residential lease shall be permitted to require the lessee to provide a security deposit as security against the due performance of the lessee’s obligations under the short-term residential lease provided that– (a) such security deposit shall not be in excess of five percent (5%) of the annual rent payable in the first year of the term of the short-term residential lease; (b) the lessor holds such security deposit on trust for the lessee and shall be liable to account for such security deposit upon the expiry or termination of the short-term residential lease subject to any permitted deductions from the security deposit made by the lessor in accordance with section 51(1)(c); (c) the lessor may apply, in whole or in part, the security deposit upon the expiry or termination of the short-term residential lease against direct and reasonable losses suffered by the lessor as a result of any non-payment of rent, any breach of the terms of the short-term residential lease and/or to rectify any damage to the real property caused by or on behalf of the lessee or falling under the lessee’s repair covenants (excluding fair wear and tear, damage to the real property caused by or on behalf of the lessor and any repair or maintenance items which are the responsibility of the lessor) provided that the lessor shall be required to notify the lessee within fourteen (14) days of termination or expiry of the short-term residential lease of the amounts of any application of the security deposit (including providing evidence of the costs incurred) and return any security deposit amounts which have not been used as soon as reasonably practicable.
52. Vacant possession and quiet enjoyment
The lessor must ensure that the lessee under a short-term residential lease is given vacant possession of the real property on the day that the lessee is entitled to occupy the real property and thereafter take reasonable steps to ensure the lessee may quietly enjoy the real property subject to the terms of the short-term residential lease.
53. Rent
(1) The short-term residential lease shall specify–

(a) the amount of rent that shall be payable under the short-term residential lease; (b) the method of payment of rent; and (c) the frequency of payment of rent. (2) The lessor shall not be entitled to increase the rent during the term of the short-term residential lease unless the amount of the increase and the time such increase is to be applied is set out clearly in the terms of the short-term residential lease. (3) In the event that the rent amount, or the method or frequency of payment is not specified in the short-term residential lease, the rent amount shall be a market rent, payable to the lessor in equal monthly instalments in arrears by way of bank transfer. (4) The lessor shall provide the lessee with a receipt for all rent paid under a short-term residential lease and shall maintain records with respect to such payment of rent under the short-term residential lease for a period of no less than one (1) year after its termination or expiry. (5) The lessee shall not be required to pay the rent to the lessor prior to the handover of the real property to the lessee provided that the lessor may accept a reservation deposit of no more than five percent (5%) of the annual rent, which amount shall be set off against the rent payable by the lessee or refunded to the lessee following due payment of rent by the lessee. (6) A lessor may not at any given time hold more than one (1) reservation deposit in respect of the same real property to be let under a short-term residential lease.
54. Repair
(1) For the duration of the short-term residential lease– (a) the lessor shall be responsible for the maintenance and repair of the real property in order that such real property remains safe and fit for use as a residential dwelling, including the maintenance and repair of the structure, the façade, doors, windows, air conditioning, ventilation, and other utility services and conduits and mechanical, electrical, and plumbing systems located in the demised real property; and (b) the lessee shall keep the real property reasonably clean and having regard to the condition at the start of the short-term residential lease (fair wear and tear excepted) and must not damage, or allow someone else to damage, the real property or its fixtures or fittings. (2) The lessee shall promptly notify the lessor of any want of repair or maintenance in the real property and allow appropriate access to the real property in accordance with section 55 in order that the lessor may remedy such want of repair or maintenance. The requirement of the lessee to notify the lessor of any want of repair or maintenance shall not relieve the lessor of its obligation to ensure appropriate preventative and routine repair and maintenance its undertaken in order to meet its obligations under section 54(1)(a) above. (3) Notwithstanding section 54(1)(a), the lessee may (but shall not be required to) undertake

urgent repairs to the real property where–
(a) such repairs are reasonably required to be undertaken on an urgent basis in order to protect the real property and any furniture and fixtures therein from damage or in order that the real property may continue to be safely inhabited; and (b) the lessee has taken reasonable steps to notify the lessor of the need for urgent repairs to the real property and the lessor cannot be reached, is refusing to undertake the urgent repairs or is unable to procure the repairs within a reasonable timeframe. (4) If the lessee has undertaken urgent repairs to the real property, the lessor shall promptly reimburse the lessee for the reasonable costs of such urgent repairs provided that– (a) the lessee has complied with section 54(3); and (b) the lessee has obtained the written consent of the lessor if the cost of such urgent repairs exceeds AED 5,000.
55. Lessor’s right of entry
A lessee shall permit the lessor under the short-term residential lease reasonable access to the real property on prior written notice (other than in an event of an emergency) and, causing as little disruption as is reasonably possible when accessing the real property, the lessor may– (a) undertake all repairs and maintenance which the lessor is liable to execute under the short-term residential lease and these Regulations; (b) in the last thirty (30) days of the term of the short-term residential lease, or as otherwise agreed between the lessor and the lessee, show the real property for the purposes of re-letting it; and (c) show the real property for the purposes of sale, transfer or valuation of the real property.
56. Building and community service charges and obligations
(1) The lessor shall use reasonable endeavors to enforce its rights against any master developer, strata association, building manager and/or any other entity entrusted with the management of the common areas (as is applicable) in order that the lessee has the benefit of the amenities of the applicable community and/or building. (2) Unless the parties have agreed otherwise in the short-term residential lease, the lessor shall be liable to pay any building or community service charges applicable to the real property. (3) In the event that the lessor fails to pay such building or community service charges when due and owing, the lessee may (but shall not be obliged to) pay such charges on behalf of the lessor in order to ensure the lessee may continue to access and use the real

property and associated facilities and amenities and shall be entitled to set off such amounts paid against the rent payable under the short-term residential lease and shall provide reasonable evidence of such payments promptly to the lessor (or where the rent has been paid in advance, the amount shall be treated as a debt of the lessor and may be pursued as such by the lessee in the Courts).
57. Utilities
(1) The short-form residential lease shall clearly state who shall be responsible for procuring and paying the supply of utilities to the premises. (2) In respect of any utility service which is not separately metered at the real property, the lessee shall be liable for a fair and equitable portion of the utility charge. (3) In the event that the lessor fails to pay any utility service for which it has covenanted with the lessee to pay under the short-term residential lease, the lessee shall be entitled (but not obliged) to pay such utility costs directly to the utility provider to ensure continuity of the relevant utility service and to set off such amounts against the rent as and when it becomes due (or where the rent has been paid in advance, the amount shall be treated as a debt of the lessor and may be pursued as such by the lessee in the Courts). (4) The lessor shall not be entitled to cut off the provision of any utility service to a real property or otherwise prevent access to the real property during the term of a short-term residential lease.
58. Renewal of a short-term residential lease
(1) A short-term residential lease shall automatically renew on expiry save in the following instances– (a) the lessee has notified the lessor in writing, no less than sixty (60) days prior to the expiry of the term of the short-term residential lease, of its intention to vacate the real property on expiry (and in the event that the lessee does not provide the lessor the full sixty (60) days’ notice prior to the expiry of the term, the lessor shall be entitled to and the lessee shall pay rent on a pro-rata basis based on the rental rate then payable for each day of delay or, if shorter, for the number of days following the expiry date until the real property has been re-let); or (b) the lessor has provided the lessee with not less than twelve (12) months’ prior notice from the expiry of the term of the short-term residential lease of its intention to– (i) sell the real property; (ii) use the real property for its own use or the use of the real property by the lessor’s immediate family; (iii) demolish the real property; or (iv) undertake major works to the real property which cannot be carried out in the presence of the lessee.

(2) If the term of a short-term residential lease has not automatically renewed on the basis of one of the grounds contained in section 58(1) the lessor must, within thirty (30) days of the expiry of the term of the short-term residential lease, lodge an application with the Registrar to de-register the short-term residential lease from the Register, along with a copy of the written notice issued in accordance with section 58(1) setting out the grounds for the non-renewal of the short-term residential lease.
59. Rent increase on renewal of a short-term residential lease
The lessor may increase the rent on any renewal of a short-term residential lease provided that the amount of the increase is notified to the lessee no less than sixty (60) days prior to the expiry of the term of the short-term residential lease and such increase may not exceed a five percent (5%) increase of the rent payable immediately prior to the date of renewal.
60. Termination without an order of the Court
A short-term residential lease may not be terminated without an order of the Court prior to its expiry other than in the following circumstances– (a) where the lessor and the lessee have mutually agreed to the surrender of the short￾term residential lease and such surrender shall comply with section 47; (b) where the lessee has exercised any break option pre-agreed between the parties in accordance with the terms of such break option as set out in the short-term residential lease; or (c) where the real property subject of the short-term residential lease (or the ways of access and egress thereto) has been substantially damaged or destroyed such that the lessee can no longer enjoy the real property and in such circumstances the lessor shall return to the lessee any rents and other monies paid in respect of the real property relating to the period after the event of damage or destruction.
61. Termination with an order of the Court
(1) A lessee may apply to the Court to request the termination of a short-term residential lease prior to its expiry in the event that the lessor– (a) is in breach of its obligations under the short-term residential lease and has failed to remedy such breach to the reasonable satisfaction of the lessee within thirty (30) days of written notice to the lessor detailing such breach; and/or (b) has failed to comply with its repair and maintenance obligations and the amenity of the real property is materially adversely impacted or the real property is no longer reasonably capable of habitation. (2) A lessor may apply to the Court to request the termination of a short-term residential lease prior to its expiry in the event that the lessee has– (a) failed to pay rent when due and has not remedied such breach within thirty (30) days of written notice by the lessor to do so;

(b) materially breached the terms of the short-term residential lease and has failed to remedy such breach within thirty (30) days of written notice by the lessor to do so; and/or (c) assigned or sub-let the real property subject of the short-term residential lease contrary to its terms and such breach has not been remedied within ten (10) days of written notice by the lessor.
62. Alienation of an interest in the short-term residential lease
(1) Unless otherwise agreed in the short-term residential lease– (a) a lessee shall not be entitled to mortgage, assign or novate, sub-lease or otherwise deal with its interest in the short-term residential lease without the prior written consent of the lessor; and (b) a lessor shall be entitled to sell or transfer its interest in the real property subject to such short-term residential lease without the consent of the lessee. (2) Upon any sale or transfer by a lessor under section 62(1)(b) above– (a) the original lessor shall provide notice to the lessee upon the completion of the sale or transfer of the real property, including details of the new lessor and its telephone number, email address and physical address for the purposes of notification under the short-term residential lease; (b) the new lessor shall take the real property subject to, and shall be bound by, the short-term residential lease; (c) the original lessor shall be deemed to have transferred any security deposit to the new lessor and the new lessor shall be entitled to use such security deposit in accordance with the short-term residential lease and shall account to the lessee for the full amount of such security deposit; and (d) any outstanding liabilities of the original lessor shall be deemed to have been assumed by the new lessor and the lessee shall be entitled to enforce any pending breach against the new lessor.
63. Appointment of a property manager
(1) The lessor shall be entitled to appoint a property manager to manage the real property subject of a short-term residential lease and the lessee shall be entitled to assume that the property manager acts with the authority of the lessor unless otherwise notified in writing by the lessor. (2) The appointment of a property manager by the lessor shall not relieve the lessor from its responsibilities under the short-term residential lease.
PART 9 — MORTGAGES

Chapter 1 — General
64. 50. Right to mortgage
(1) Real property or a registered interest in real property (including a registered lease) may be mortgaged by registering a mortgage. (2) Except as provided in these Regulations, a part of a lot cannot be mortgaged separate and apart from the rest of the lot.
65. 51. Requirements for mortgage
(1) In order to be registered, a mortgage shall include the following– (a) a description sufficient to identify the real property; (b) a description sufficient to identify the interest to be mortgaged; (c) a description of the debt or liability secured by the mortgage; and (d) a maturity date of the debt or liability secured by the mortgage. (2) Subsection (1)(1) does not limit the matters that the approved form of mortgage may require to be included in order to permit registration.
66. 52. Mortgage as charge only
(1) A mortgage of real property operates only as a charge on the real property for the debt or liability secured by the mortgage. (2) For the avoidance of doubt, the mortgagor is taken to have an equity of redemption, which may not be waived by agreement or otherwise clogged by the actions of the mortgagee; provided that the rights of redemption shall not preclude the parties from agreeing to prepayment premiums or restricting periods for repayment.
67. 53. Variation of mortgage
(1) A registered mortgage may be varied by registering an instrument varying the mortgage. (2) A variation cannot add a party to, or remove a party from, the mortgage. (3) A variation does not affect prior registered mortgagees, and does not affect subsequent registered mortgagees unless they consent. (4) The registration of the variation of a mortgage shall be subject to payment of a fee to the Registrar and to the extent that the secured value of the mortgage increases under such variation, the registration fee shall be calculated to take into account the increased value of the mortgage over and above the original secured value.
68. 54. Discharge of mortgage

(1) A registered mortgage may be discharged by registering a discharge of mortgage. (2) A discharge of mortgage may discharge the debt or liability secured for– (a) all or part of the mortgage; or (b) one or more of the mortgagors. (3) On the discharge being registered– (a) the mortgage is discharged; and (b) the real property is released from the mortgage, to the extent shown in the discharge.
69. 55. Extent of discharge of mortgage
Whether the discharge releases the mortgagor from any personal obligation to repay the debt or from any other liability secured by the mortgage is a matter of construction of the discharge, the promissory note and any other instruments relating to the subject indebtedness.
Chapter 2 — Mortgagee’s powers and remedies
70. 56. Implied powers of mortgagees
(1) A registered mortgagee of real property has the following powers on default by the mortgagor– (a) to sell the whole or part of the real property or any interest in the real property by whatever means the mortgagee, acting reasonably, determines appropriate, including by tender, public auction or by private contract; (b) to sever and sell fixtures apart from the balance of the real property; (c) to sell any easement, right or privilege of any kind over or in relation to the real property; (d) to enter into possession of the real property and receive the rents and profits from it, and, after obtaining possession, grant any easement, right or privilege of any kind over or in relation to the real property; and (e) to foreclose. (2) The powers granted to mortgagees under subsection (1) may only be exercised in accordance with the provisions of this Chapter, but otherwise (and subject to subsection (3)(3)) may be supplemented, varied or negated by express provision in the mortgage. (3) A mortgagee may not exercise a power under subsection (1) (1)– (a) without first serving on the persons listed in subsection (4)(4) a notice giving the

mortgagor thirty (30) days in which to remedy the default. If within that time the default is remedied, then the mortgagee may not exercise a power for that default.; and (b) in respect of mortgages registered and existing over real property located in Al Reem Island prior to 1 January 2025, without first obtaining an order from the Court allowing the exercise of such power. (4) The persons on whom the notice shall be served are– (a) the mortgagor; (b) any guarantor or surety of the mortgagor; and (c) any other registered mortgagee or chargee.
71. 57. Exercise of power of sale
In exercising a power of sale, the mortgagee shall take reasonable care to obtain the market value for the real property at the time of the sale.
72. 58. Injunction to restrain power of sale
(1) The mortgagor is entitled to seek an injunction to restrain the exercise of the power of sale. (2) The Court may make the order it determines appropriate, including (if it determines it appropriate) that the sale may be restrained, without the mortgagor having to offer to redeem the mortgage.
73. 59. Effect of transfer after sale by mortgagee
(1) If a transfer in purported exercise of a power of sale by a registered mortgagee is lodged for registration, the Registrar need not enquire whether the power of sale was validly exercised. except where the power of sale is exercised in respect of real property located in Al Reem Island which was mortgaged prior to 1 January 2025, in which case the mortgagee will need to provide the Registrar a copy of the order of the Court consenting the transfer. (2) On registration of the transfer, the mortgagor’s interest vests in the transferee, free from– (a) any obligation to repay the debt secured by the mortgage; and (b) any other interest registered after it, except an interest to which the mortgagee has consented in writing, to which the mortgagee is a party, or which otherwise binds the mortgagee. (3) Registration of the transfer is not prevented by a caveat or covenant, if the caveat or covenant relates to an interest over which the mortgage has priority.
74. 60. Application of proceeds of sale

(1) A mortgagee who has exercised a power of sale shall apply the money received from the sale– (a) to discharge any prior registered interests to which the sale is not made subject; or (b) by paying into Court a sum to satisfy the obligations under any prior registered interests. (2) Subject to subsection (1)(1), the mortgagee holds the money on trust– (a) first, to pay all costs and expenses properly incurred in the sale or any attempted sale; (b) second, to discharge the principal, interest, costs, and any other money and liability secured by the mortgage in such order as may be provided in the mortgage or, if no such order is provided, as the mortgagee may determine in its sole discretion; (c) third, to pay later registered interests in the order of their priority; and (d) fourth, to pay any residue to the person who appears from the Register to be entitled to the mortgaged property or to be authorised to give receipts for the proceeds of its sale.
75. 61. Appointment of receiver
(1) If a mortgage entitles the mortgagee to appoint a receiver, and the mortgagee appoints a receiver as described in subsection (3)(3) below, the receiver– (a) may do anything in relation to the real property that the mortgagor could have done (subject to section 70(3)(b) where the real property forming the subject matter of the mortgage is located in Al Reem Island and was mortgaged prior to 1 January 2025); and (b) may act as the mortgagor’s agent. (2) However, if the receiver sells the real property, the receiver is subject to the same duties and responsibilities as if the mortgagee were the seller. (3) If a mortgage entitles the mortgagee to appoint a receiver, the receiver will be appointed by the Court upon application by the mortgagee and subject to any other requirements set forth in any other enactment.
76. 62. Foreclosure
(1) On application by a registered mortgagee, the Court may make an order for foreclosure. (2) If the Court makes an order for foreclosure, the Registrar shall register the order if requested by a party to the proceedings or directed by the Court. (3) On registration of the order, the mortgagor’s interest in the real property vests in the mortgagee, free from all liability under mortgages or other interests registered after the

mortgage, except for leases and other interests that bind the mortgagee.
Chapter 3 — Tacking of further advances
77. 63. Right to tack further advances
(1) Notwithstanding any other provision of these Regulations, a mortgagee (the “prior mortgagee”) of real property may make further advances to rank in priority to later mortgages– (a) where the prior mortgage expressly authorises the making of further advances and for the uses specified therein (and regardless of whether the prior mortgagee has notice of the later mortgage); or (b) where the prior mortgage does not expressly authorise the making of further advances, if the later mortgagee agrees to further advances being made. (2) Subsection (1)(1) applies only where the prior mortgage is registered (but regardless of whether the later mortgage is registered). (3) For the purposes of subsection (1)(1), “further advance” includes the provision of further credit or accommodation (including on a current, revolving or continuing account), regardless of whether the mortgagor is a debtor or guarantor or surety for the further advance. (4) A prior mortgagee shall, upon request of any party holding an interest in the applicable real property, advise such party of any such further advances. Evidence of such further advances need not be registered.
PART 10 — STATUTORY CHARGES
78. 64. Registration of statutory charges
(1) A person or Relevant Authority with the benefit of a statutory charge over real property may apply to the Registrar to have the charge registered in the folio. (2) On receiving the application, the Registrar shall register the charge. (3) The Registrar shall give notice of the registration to all persons who have a registered interest in the real property. (4) Registration does not give the statutory charge any greater effect than it would have without registration.
PART 11 — EASEMENTS
Chapter 1 — General
79. 65. Easements in gross permitted
(1) These Regulations permit the creation of easements in gross (that is, easements without

benefited real property).
(2) In the construction of this Part 11, a reference to an easement includes a reference to an easement in gross, unless the contrary appears.
80. 66. Easements by prescription or implication
(1) Except as provided in these Regulations, easements cannot be acquired over real property by prescription or implication. (2) However, nothing in these Regulations affects the principles under which there are implied into an easement whatever ancillary rights are necessary for the effective enjoyment of the easement.
81. 67. Rights to support of real property and structures
(1) A person shall not excavate or develop real property in a way that adversely affects the stability of adjoining real property or structures on it. (2) A person who breaches subsection (1)(1) is liable to any person who suffers loss or damage as a result of the breach.
Chapter 2 — Implied easements in developments and subdivisions
82. 68. Implied easements for services in development
(1) Where two or more lots form part of a single development by one developer pursuant to a contractual scheme, there are implied under this section easements for services that benefit and bind each lot. (2) The easements implied under this section are easements for the passage of water, electricity, telephone, drainage, gas and sewerage through or by means of installations (including sewers, pipes, wires, cables or ducts), to the extent to which the installations are capable of being used in connection with the lot. (3) The easements implied under this section include the right for the benefited party to enter the burdened real property at all reasonable times, and upon giving reasonable notice, to repair or renew the installations (but subject to the obligation to repair any damage caused to the burdened real property in the process of doing so). (4) The benefited party shall contribute a reasonable proportion of the cost of maintaining the installations, unless able to establish a legal entitlement to enjoy the easements free from the liability to contribute. (5) Subsection (4)(4) does not make a person liable to contribute to expenditure incurred at a time before becoming, or after ceasing to be, the owner. (6) Unity of ownership of two or more lots does not destroy the easements implied under this
section.
(7) The easements implied under this section are enforceable without any need for registration. However, the Registrar may (but need not) make an appropriate registering

in the Register about the existence of the easements.
83. 69. Implied easements of way and other rights shown in subdivision plan
(1) Where the Relevant Authority has approved the subdivision of real property into two or more lots, and the approved subdivision plan sets apart real property for the purposes of the easements referred to in subsection (2)(2), there are implied under this section in favour of each lot that is used or intended to be used as a separate parcel of real property, the easements referred to in subsection (2)(2). (2) The easements implied under this section are easements for drainage and the passage of water, gas, electricity, sewerage, telecommunications conduit and cabling, fiber-optic installations, telephone lines and other similar services (collectively, the “Service Infrastructure”) to the lot, over or under the real property set apart for those purposes on the subdivision plan, as are necessary for the reasonable enjoyment of the lot and of any building on it at any time. (3) The benefited party shall contribute a reasonable proportion of the cost of maintaining the infrastructure of the easements. However, the obligation to maintain party walls binds only the owners of the lots on which the party walls stand. (4) Subsection (3)(3) does not make a person liable to contribute to expenditure incurred at a time before becoming, or after ceasing to be, the owner. (5) Unity of ownership of two or more lots does not destroy the easements implied under this
section.
(6) The easements implied under this section are enforceable without any need for registration. However, the Registrar may (but need not) make an entry in the Register about the existence of the easements. (7) A party exercising easement rights under this section shall be obligated to indemnify, defend and hold harmless the burdened party, against any loss or damage resulting out of such exercise, except to the extent the loss or damage is due to the owner of the land’s own gross negligence or willful misconduct.
Chapter 3 — Registration of easements
84. 70. Creation of easement by registration
(1) An easement may be created over real property by registering a grant or reservation of easement. (2) When registering an easement, the Registrar shall register the easement– (a) in the folio for the lot burdened; and (b) unless the easement is an easement in gross, in the folio for the lot benefited. (3) The Registrar may register as an easement a right to install and use the Service

Infrastructure, even though the right amounts to exclusive possession or occupation of the area occupied by the Service Infrastructure.
85. 71. Requirements for easement
(1) In order to be registered, an instrument creating an easement shall– (a) indicate clearly the nature of the easement, the rights granted or re served under it, and the extent of the real property burdened by the easement; (b) if required by the Registrar, include a plan of survey identifying the lot or part of the lot to be burdened by the easement, and (unless the easement is an easement in gross) the lot to be benefited by the easement; and (c) in the case of an easement in gross, identify the persons having the benefit of the easement. (2) This section does not limit the matters that the approved form of easement may require to be included. (3) Where an easement relates to Service Infrastructure, the locations of which are difficult to describe with precision, the Registrar may accept for registration an instrument that contains only a general description of the location.
86. 72. Easement benefiting and burdening same registered owner’s lots
An easement may be registered even if the lot benefited and the lot burdened by the easement have the same freehold owner.
Chapter 4 — Variation or extinguishment of easements
87. 73. Variation or release of easement by parties
(1) A registered easement may be varied or wholly or partly extinguished by registering a variation or release of easement. (2) The variation or release– (a) shall be executed by the party benefited by the easement; and (b) shall be executed by the party burdened by the easement.
88. 74. Same person becoming registered owner of benefited and burdened lots
(1) If the same person becomes the registered owner of the lot benefited and the lot burdened by an easement, the easement is extinguished only if that owner requests the Registrar to extinguish the easement. (2) A registered easement is not extinguished merely because the owner of the lot benefited by the easement acquires an interest, or a greater interest, in the lot burdened by the easement.

89. 75. Cancellation of easement
        (1) The Registrar shall cancel the registration of an easement on determining that– (a) any period of time for which the easement was to subsist has expired; or (b) an event on which the easement was to come to an end has occurred. (2) Regardless of whether an easement has been abandoned, if an easement has not been used for at least twelve (12) years, then the registered owner of the burdened parcel may apply to the Registrar to have the easement cancelled, and– (a) the Registrar shall notify the registered owner of the benefited real property (or, in the case of an easement in gross, the person having the benefit of the easement) that, unless the Registrar receives an objection to the application within thirty (30) days of the notice, the Registrar intends to cancel the easement; and (b) if the Registrar does not receive an objection within the thirty (30) day period, or if the Registrar does receive an objection within that time but on application of the Registrar the Court determines it to be of insufficient merit, the Registrar may cancel the easement.
90. 76. Court order varying or extinguishing easement
        (1) The Court may, on application by any person interested in real property burdened by an easement, make an order wholly or partly varying or extinguishing the easement. (2) The Court may not make an order under subsection (1)(1) unless satisfied that– (a) by reason of a change in use of the burdened real property, as approved by the Relevant Authority, the continued existence of the easement will impede the development of the lot for public or private purposes; or (b) the proposed variation or extinguishment will not materially injure a person entitled to the benefit of the easement. (3) When making an order under subsection (1)(1), the Court may order the applicant to pay compensation to any person entitled to the benefit of the easement. (4) An order under subsection (1)(1) binds all persons who are, or who may become entitled to, the benefit of the easement, regardless of whether they have been notified of, or participated in, the proceedings. (5) The Registrar shall register the Court order in the folios for the burdened real property and (except in the case of an easement in gross) the benefited real property.
        Chapter 5– — Meaning of certain types of easements
91. 77. Party walls
        (1) In the construction of an instrument referring to a “party wall”, that expression means (unless the contrary intention appears) a wall severed vertically and longitudinally with

separate ownership of the severed portions, and with cross-easements entitling each of the persons entitled to a portion of the wall to have its building supported by the whole wall. (2) Where real property is transferred by a person entitled to create easements in relation to a wall built on the common boundary of that real property and adjoining real property, and the transfer describes the wall as a party wall, then the transfer, when registered, operates to create an easement for a party wall.
Chapter 6– — Easements created by Court order
92. 78. Easements created by Court order
(1) The Court may make an order, upon the application of any interested party (including the owner of any adjoining real property interest), imposing an easement over real property if the easement is reasonably necessary for the effective use or development of other real property that will have the benefit of the easement. (2) The Court may make an order under subsection (1)(1) only if satisfied that– (a) use of the real property having the benefit of the easement will not be inconsistent with the public interest; (b) the registered owner of the real property to be burdened by the easement and each other person having a registered interest in that real property ca n be adequately compensated for any loss or other disadvantage that will arise from imposition of the easement; and (c) all reasonable attempts have been made by the applicant for the order to obtain the easement or an easement having the same effect but have been unsuccessful. (3) The Court order is to specify the nature of the easement, and whatever information is required by section 7185 to enable the easement to be registered. The order may limit the times at which the easement applies. (4) The Court order is to provide for payment by the applicant to specified persons of any compensation the Court determines appropriate, unless the Court determines that compensation is not payable because of the special circumstances of the case. (5) The applicant shall pay the costs of the proceedings, unless the Court orders otherwise. (6) The easement may be varied or released in accordance with the provisions of section 7387. (7) Nothing in this section prevents the easement from being varied or extinguished under
section 7690.
Chapter 7 — Contributions to repairs
93. 79. Contribution to repairs
(1) Where an easement relating to real property governed by these Regulations contains a covenant obliging one or more persons to contribute to the cost of constructing or repairing

the subject matter of the easement, the obligation binds not only those persons but also their successors in title as if they had been a party to the instrument creating the easement, for as long as the easement subsists. (2) However, a person’s liability under subsection (1)(1) does not extend to expenditure made before the person became an owner, or after the person ceased to be an owner.
PART 12 — COVENANTS
Chapter 1 — General
94. 80. Covenants in gross permitted
(1) These Regulations permit the creation of covenants in gross (that is, covenants without benefited real property). (2) In the construction of this Part 12, a reference to a covenant includes a reference to a covenant in gross, unless the contrary appears.
95. 81. Positive covenants permitted
(1) These Regulations permits the creation of positive covenants as well as negative (restrictive) covenants. (2) In the construction of this Part 12, a reference to a covenant includes a reference to a positive covenant, unless the contrary appears.
Chapter 2 — Registration of covenants
96. 82. Creation of covenant by registration
(1) A covenant may be created over real property by registering the instrument containing the covenant. (2) When registering a covenant, the Registrar shall register the covenant– (a) in the folio for the lot burdened; and (b) unless the covenant is a covenant in gross, in the folio for the lot benefited.
97. 83. Requirements for covenant
(1) In order to be registered, an instrument creating a covenant shall– (a) indicate clearly the nature of the covenant and the rights created under it; (b) include a description sufficient to identify the lot to be burdened by the covenant and (unless it is a covenant in gross) the lot to be benefited by the covenant; and (c) in the case of a covenant in gross, identify the person or persons having the benefit of the covenant.

(2) This section does not limit the matters that the approved form of covenant may require to be included.
98. 84. Covenant benefiting and burdening same registered owner’s lots
A covenant may be registered even if the lot benefited and the lot burdened by the covenant have the same owner.
Chapter 3 — Variation or extinguishment of covenants
99. 85. Variation or release of covenant by parties
(1) A registered covenant may be varied or wholly or partly released by registering a variation or release of covenant. (2) The variation or release– (a) shall be executed by the registered owner of the lot benefited by the covenant; and (b) shall be executed by the registered owner of the lot burdened by the covenant.
100. 86. Same person becoming registered owner of benefited and burdened lots
(1) If the same person becomes the registered owner of the lot benefited and the lot burdened by a covenant, the covenant is extinguished only if that owner asks the Registrar to extinguish the covenant. (2) A registered covenant is not extinguished merely because the owner of the lot benefited by the covenant acquires an interest in, or a greater interest in, the lot burdened by the covenant.
101. 87. Duration of covenant
(1) These Regulations do not impose any express limitation on the duration of a covenant.
102. 88. Court order varying or extinguishing covenant
(1) The Court may, on the application of any person interested in real property burdened by a covenant, make an order wholly or partly varying or extinguishing the covenant. (2) The Court may not make an order under subsection (1)(1) unless it is satisfied that– (a) by reason of a change in use of the burdened real property, as approved by the Relevant Authority, the continued existence of the covenant will impede the development of the lot for public or private purposes; or (b) the proposed variation or extinguishment will not materially injure a person entitled to the benefit of the covenant. (3) When making an order under subsection (1)(1), the Court may order the applicant to pay

compensation to any person entitled to the benefit of the covenant.
(4) An order under subsection (1)(1) binds all persons who are, or who may become entitled to, the benefit of the covenant, regardless of whether they have been notified of, or participated in, the proceedings. (5) The Registrar shall register the Court order in the folios for the burdened real property and (except in the case of a covenant in gross) the benefited real property.
103. 89. Benefit of covenants relating to land
(1) A covenant relating to any land of the covenantee shall be deemed to be made with the covenantee and his successors in title and the persons deriving title under him or them, and shall have effect as if such successors and other persons were expressed. (2) For the purpose of this section in connection with covenants restrictive of the user of land, “successors in title” shall be deemed to include the owners and occupiers for the time being of the land of the covenantee intended to be benefited.
104. 90. Burden of covenants relating to land
(1) A covenant relating to any land of a covenantor or capable of being bound by him, shall, unless a contrary intention is expressed, be deemed to be made by the covenantor on behalf of himself, his successors in title and the persons deriving title under him or them, and, subject as aforesaid, shall have effect as if such successors and other persons were expressed. (2) This subsectionsection extends to a covenant to do some act relating to the land, notwithstanding that the subject-matter may not be in existence when the covenant is made. (3) For the purposes of this section in connection with covenants restrictive of the user of land, “successors in title” shall be deemed to include the owners and occupiers for the time being of such land.
105. 91. Covenants binding land
(1) The benefit or burden of every covenant running with the land, whether entered into before or after the commencement of these Regulations, shall vest in or bind all persons who have title to such land, or otherwise succeed to the title of the covenantee or the covenantor, as the case may be. (2) The benefit of a covenant relating to land entered into after the commencement of these Regulations may be made to run with the land without the use of any technical expression if the covenant is of such a nature that the benefit could have been made to run with the land before the commencement of these Regulations. (3) For the purposes of this section, a covenant runs with the land when the benefit or burden of it, whether at law or in equity, passes to the successors in title of the covenantee or the covenantor, as the case may be.
106. 92. Effect of covenant with two or more jointly

(1) A covenant, contract, bond or obligation made with two or more jointly, to pay money or to make a Conveyance, or to do any other act, to them or for their benefit, shall be deemed to include, and shall, by virtue of these Regulations, imply, an obligation to do so the act to, or for the benefit of, the survivor or survivors of them, and to, or for the benefit of, any other person whom the right to sue on the covenant, contract, bond, or obligation devolves, and where made after the commencement of these Regulations shall be construed as being also made with each of them. (2) This section extends to a covenant implied by virtue of these Regulations. (3) This section applies only if and as far as a contrary intention is not expressed in the covenant, contract, bond, or obligation, and has effect subject to the covenant, contract, bond or obligation, and to the provisions therein contained.
PART 13 — DECEASED ESTATES
107. 93. Registration of personal representative
(1) A person may lodge an application to be registered as personal representative of a deceased registered owner. (2) If the Registrar determines that the person is entitled to be so registered, the Registrar may register the person as owner in the capacity of personal representative. (3) The Registrar shall rely upon documentation bearing the seal or stamp of a UAE court as evidence of a person’s authentic entitlement to such registration.
108. 94. Dealings without registration of personal representative
(1) The Registrar may register a dealing by the personal representative of a deceased registered owner on behalf of such deceased registered owner, without requiring the personal representative to be registered if the Registrar determines it to be unnecessary or impractical to do so. (2) Before acting under subsection (1)(1), the Registrar may require whatever evidence the Registrar determines necessary to protect the interests of those whom the Registrar determines to be entitled to the deceased’s estate.
109. 95. Notice of death or defeasance
(1) A person entitled to real property on the death of a joint tenant or life tenant may apply to the Registrar to register the death. (2) If the Registrar determines that the death has occurred, the Registrar may make the appropriate registering in the folio to indicate that the deceased’s interest has determined and that the real property has vested in the survivor or in the person entitled to the reversion or remainder. (3) Where these Regulations make no express provision for registering the defeasance of an interest in real property, the Registrar may register the defeasance in the way the Registrar

determines appropriate.
PART 14 — WRITS
110. 96. Request to register writ of execution
The Registrar shall register a writ of execution relating to real property if– (a) a request to register the writ is lodged by the judgment creditor for whose benefit the writ was issued, together with an official copy of the writ; and (b) the request is lodged within one hundred and eighty (180) days of the date of issue of the writ.
111. 97. HowRegistration of writ is registered
The Registrar registers a writ of execution by registering the writ in the folio.
112. 98. Effect of registering writ of execution
(1) A writ of execution–
(a) does not bind or affect real property until it is registered; and (b) binds or affects real property only if it is executed and put in force– (i) by not later than the first anniversary of the date it is issued; or (ii) within any extended time period allowed by the Court. (2) A registered writ of execution takes effect as if it were a registered mortgage securing the amount payable under the writ. A sale under the writ is treated as if it were a sale by a registered mortgagee in exercise of a power of sale.
113. 99. Cancellation of registration of writ
The Registrar shall cancel the registration of a writ of execution if– (a) a request to cancel is lodged by the judgment creditor for whose benefit the writ was issued; or (b) the Registrar determines that the time or extended time for executing and putting the writ into force has expired.
114. 100. Discharging or satisfying writ of execution
(1) If a registered writ of execution has been satisfied or discharged, the Registrar may register that fact in the folio. (2) The Registrar may act under subsection (1)(1)– (a) on the Registrar’s own initiative;

(b) on application by a registered owner; or
(c) by order of the Court.
115. 101. Transfer of lots sold in execution
If a lot is sold under a registered writ of execution, the appropriate officer of the Court may execute a transfer to the purchaser.
PART 15 — CAVEATS
Chapter 1 — Lodging caveats
116. 102. Who may lodge a caveat?
(1) A caveat may be lodged in relation to real property by any of the following persons or their agents– (a) the registered freehold owner of the real property or another person claiming an interest in the real property; or (b) a person who has the benefit of an injunction restraining a registered owner from dealing with the real property. (2) A caveat may also be lodged by the Registrar under section 130144. (3) A caveat may take the form of a “memorandum of agreement”, in which event the requirements of clause (1)(b) of section 123 137(1)(b) shall apply.
117. 103. Requirements of caveat
(1) A caveat lodged under section 102(1) 116(1) shall be in the approved form. (2) In addition to any other requirements in the approved form, a caveat shall state– (a) the name of the caveator; (b) the interest claimed by the caveator; (c) the grounds on which the interest is claimed; (d) the real property affected by the caveat and, if the caveat relates to part only of a lot, a description of the part; (e) the registered interest affected by the caveat; (f) the extent of the prohibition on dealings; (g) an address within the UAE where documents can be served on the caveator, including any documents in Court proceedings relating to the caveat; and

(h) unless the Registrar dispenses with it, the name and address of– (i) the registered freehold owner of the real property affected by the caveat; and (ii) each person known to the caveator whose interest or whose claim to registration of an instrument may be affected by the caveat.
118. 104. Registering a caveat
If a caveat is lodged that complies with section 103117, the Registrar shall register the caveat in the folio.
119. 105. Notifying caveat
The Registrar shall give written notice of lodgement of a caveat to each person disclosed or known to the Registrar whose interest or whose claim to registration of an instrument may be affected by the caveat.
Chapter 2 — Effect of caveat
120. 106. Effect of lodging caveat
(1) A caveat prevents the registration of an instrument affecting the real property or interest in respect of which the caveat is lodged– (a) to the extent stated in the caveat; and (b) from the time the caveat was lodged. (2) Subsection (1)(1) has effect for a caveat until the caveat lapses or is withdrawn, removed or cancelled. (3) The lodging of a caveat does not prevent registration of the following– (a) an instrument specified in the caveat as an instrument to which the caveat does not apply; (b) an instrument to the registration of which the caveator consents; (c) an instrument executed by a mortgagee, if the mortgage was registered before the caveat was lodged; (d) an interest that, if registered, would not affect the interest claimed by the caveator; and (e) an instrument that was lodged for registration before the caveat was lodged. (4) Where the Registrar registers an instrument that does not completely dispose of the interest of the registered owner to which the caveat relates, the caveat remains in force as to the balance of that interest.

(5) Subject to section 110124, the lodging of a caveat does not prevent the lodging of another caveat.
Chapter 3 — Withdrawal, lapsing and removal of caveats
121. 107. Withdrawal of caveat
(1) A caveat may be withdrawn by lodging a request to withdraw it.
(2) The withdrawal takes effect at the time it is lodged.
(3) The request may be lodged by–
(a) the caveator;
(b) where the caveator has died, the caveator’s personal representative; (c) where the caveators are joint tenants, by the surviving joint tenant or joint tenants; and (d) by any person authorised at law to act on the caveator ’s behalf.
122. 108. Lapsing of caveat
(1) This section applies to a caveat unless it is lodged by the Registrar under section 130144. (2) A caveatee may serve on the caveator a notice requiring the caveator to start proceedings in the Court to establish the interest claimed under the caveat. (3) The caveatee shall notify the Registrar of the service on the caveator, within fourteen (14) days of the service of the notice. (4) If the caveatee has complied with subsection (3)(3), the caveat lapses thirty (30) days after notice is served on the caveator. (5) Despite subsection (4)(4), the caveat does not lapse– (a) if the caveator has started appropriate proceedings and the Registrar has been notified of the proceedings; or (b) if the caveator notifies the Registrar within thirty (30) days of being served with the notice under subsection (3)(3) that the caveator does not want the caveat to lapse and that the caveator has started, or will start, proceedings to establish the interest claimed under the caveat. (6) If a caveator has notified the Registrar under subsection (5)(b) (5)(b) that the caveator will start proceedings, the caveat lapses ninety (90) days after the notice under subsection (2)(2) was served on the caveator unless, within that time, the caveator provides the Registrar with evidence that the proceedings have been started. (7) The Registrar may register in the folio that a caveat has lapsed.
123. 109. Removal of caveat by Court order

(1) A caveatee may at any time apply to the Court for an order that a caveat be removed. (2) The Court may make the order– (a) regardless of whether the caveator has been served with the application; and (b) on the terms it determines appropriate.
124. 110. Further caveat
If a caveat lapses or is withdrawn or removed, the caveator may not lodge another caveat for the real property on the same, or substantially the same, grounds except with leave of the Court.
125. 111. Order for security
In proceedings in relation to a caveat, the Court may order the caveator to give undertakings, or lodge security, or both.
Chapter 4 — Improper caveats
126. 112. Compensation for improper caveat
(1) A caveator who lodges or continues a caveat without reasonable cause shall compensate anyone who suffers loss as a result. (2) In proceedings for compensation under subsection (1)(1)– (a) the caveator bears the onus of proving that the caveat was lodged or continued with reasonable cause; and (b) the Court may include in any compensation a component for exemplary damages.
Chapter 5 — General
127. 113. Notices to caveator
(1) A notice to a caveator under this Part 15 is sufficiently served if left at or sent to the address mentioned in section 120134. (2) If the Registrar determines that a notice will not reach the caveator if served in the way mentioned in subsection (1)(1), the notice may be served in any other way the Registrar determines appropriate.
128. 114. Right to injunction not affected
Nothing in this Part 15 prevents a person from seeking an injunction to protect an interest

in real property.
PART 16 — INSTRUMENTS
Chapter 1 — Manner of execution of, and reliance on, instruments
129. 115. Execution of certain instruments
(1) Subject to these Regulations, an instrument to transfer or create an interest in real property shall be executed by– (a) the transferor or the person creating the interest; and (b) to the extent there are covenants or other obligations binding upon the transferee in the instrument, the transferee or the person in whose favour the interest is to be created. (2) A total or partial discharge of a mortgage need only be executed by the mortgagee.
130. 116. Indicating consent when required for dealing
If the consent of a person is necessary for any dealing with real property, the consent shall be– (a) written or contained on, or form part of, the relevant instrument; or (b) if the Registrar determines it appropriate, lodged with the relevant instrument.
131. 117. Execution of instruments by business entities and natural persons
(1) For a corporation, an instrument relating to real property is validly executed if it is executed in a way in which instruments creating or transferring an interest in real property may be executed under any enactment. (2) Without limiting subsection (1)(1), if an instrument relating to real property is executed before the applicable Relevant Authority, a person is entitled to assume that it is validly executed. (3) For a natural person, an instrument relating to real property is validly executed if– (a) it is signed by the person; and (b) the signature is witnessed in a manner approved by the Registrar, either for that instrument, or for instruments of that class, or for instruments generally. (4) An instrument shall be presumed to be delivered upon its being executed unless a contrary intention is proved.
132. 118. Execution of instrument under power of attorney
(1) An instrument relating to real property may be executed by a person ’s attorney duly

authorised under a power of attorney, if the requirements of subsection (2)(2) are met. (2) The requirements are that– (a) the power of attorney shall be in writing; (b) the power of attorney, or a certified copy of it, shall be lodged with the Registrar; and (c) an affidavit that the power of attorney is in full force and effect shall be lodged with the Registrar contemporaneouscontemporaneously with the lodgement of any instrument executed under that power of attorney.
Chapter 2 — Suitability of instruments for registration
133. 119. When instrumentInstruments capable of registration
(1) An instrument is able to be registered only if it– (a) complies with these Regulations; (b) is in the approved form; (c) appears on its face to be capable of being registered; and (d) is accompanied by any form of application or other document that may be required by the Registrar, and payment of any applicable fee. (2) Despite subsection (1)(b)(1)(b), the Registrar may register an instrument that is not in the approved form if– (a) there is no approved form; or (b) the Registrar determines that it is not reasonable to require the instrument to be in the approved form.
134. 120. Address for service to be provided
(1) An instrument lodged for registration shall specify an address in the UAE for the service of notices on any person taking under the instrument. (2) A person referred to in subsection (1)(1) shall ensure that the Registrar is notified of any change in the address for service. (3) The Registrar shall register in the Register– (a) the address for service provided under subsection (1)(1); and (b) any change of address provided under subsection (2)(2).
Chapter 3 — The process of registering instruments

135. 121. Lodgement and deposit of instruments by electronic or other means
          The Registrar may–
          (a) permit instruments or documents to be lodged or deposited; and (b) correct instruments that have been lodged or deposited, (b) by any means, including electronic means.
136. 122. Registrar’s power to correct obvious errors in instruments
          (1) Where the Registrar determines that an instrument lodged for registration contains an obvious error, the Registrar may correct the error by noting the correction on the instrument. (2) The Registrar– (a) may not act under subsection (1)(1) unless the Registrar determines that the correction will not prejudice the rights of any person; and (b) shall, as soon as practicable after making the correction, notify the person who lodged the instrument that the correction has been made. (3) An instrument corrected by the Registrar under this section has the same effect as if the error had not been made.
137. 123. Registrar’s requisitions
          (1) Before registering an instrument, the Registrar may serve on the per sonperson who lodged it a notice requiring– (a) the instrument to be re-executed, completed or corrected, if the Registrar determines it to be defective, incomplete or incorrect; or (b) the person to supply information or produce documents the Registrar determines necessary or appropriate in order to register the instrument, including in the case of registration of a caveat or memorandum of an agreement, provide the Registrar an original copy of the agreement to which the memorandum relates or the agreement which is the subject of the caveat. (2) The Registrar may require any information supplied or document produced under subsection (1)(b) (1)(b) be verified by a declaration in a form prescribed by the Board in rules made by the Board or other form of sworn statement.
138. 124. Rejecting instrument if requisitions not complied with
          (1) If within thirty (30) days of service of the notice under section 123137, or any extended period the Registrar determines appropriate, the person does not comply with the notice, the Registrar may reject the instrument and any instrument that depends on it for registration.

(2) An instrument rejected under subsection (1)(1) loses its priority under section 2523. (3) Where the Registrar rejects an instrument under subsection (1)(1), the Registrar shall return it to the person who lodged it, and may endorse a note on the instrument that it has been rejected.
139. 125. Right to relodge rejected instrument
Section 124138 does not prevent a rejected instrument from being relodged after the
notice provided by the Registrar under section 123137 has been complied with.
140. 126. Requiring plan of survey to be lodged
(1) The Registrar may require a person who lodges an instrument for registration to lodge a plan, map or diagram of the lot or part of the real property to be affected by the instrument. (2) The plan, map or diagram shall comply with the Registrar ’s directives as to dimensions, scale and contents.
Chapter 4 — Standard terms incorporated into instruments
141. 127. Standard terms documents
(1) The Registrar or another person may lodge a standard terms document and may amend the document by lodging a further standard terms document. (2) The Registrar shall give each standard terms document a distinguishing reference. (3) All or part of a standard terms document lodged under subsection (1)(1) forms part of a registered instrument if the instrument says that it forms part of the instrument. (4) In this section, “standard terms document” means a document containing provisions that are intended to be incorporated into a registered instrument.
PART 17 — POWERS OF AND PROCEEDINGS AGAINST THE
REGISTRAR
Chapter 1 — Powers
142. 128. General powers of the Registrar
(1) The Registrar has the power to do whatever the Registrar determines necessary to carry out his or her functions under these Regulations. (2) The Registrar will exercise its powers and discharge its responsibilities as set out in these Regulations in each case in accordance with the established principles of natural justice,

ensuring that its actions are fair and transparent.
143. 129. The Registrar may correct Register
(1) The Registrar may correct the Register if it determines that– (a) the Register is incorrect; and (b) the correction will not prejudice the rights of a registered owner or any other person. (2) The Register as corrected by the Registrar has the same effect as if the error had not been made. (3) For the purposes of subsection (1)(b)(1)(b), the rights of a registered owner are not prejudiced if the registered owner acquired or has dealt with a registered interest with actual or constructive knowledge that the Register was incorrect. (4) Before taking action under this section, the Registrar may give notice of the proposed action to any person to whom the Registrar determines prior notice should be given. However, no action lies against the Registrar for failure to give notice.
144. 130. The Registrar may prepare and lodge caveat
(1) The Registrar may prepare and lodge a caveat over a lot– (a) to prevent a dealing that, in the Registrar’s opinion, may prejudice a person who has an interest in the lot; or (b) to give effect to a Court order directed to the Registrar; or (c) whenever the Registrar determines it appropriate to do so to protect the integrity of the Register. (2) The caveat may be in the form the Registrar determines appropriate.
145. 131. The Registrar may state a case
(1) Whenever a question arises concerning the performance of the Registrar’s duties or the exercise of the Registrar’s functions, the Registrar may state a case for the opinion of the Court. (2) The Court’s decision binds the Registrar and any other parties to the case.
146. 132. Payment of certain fees to the Registrar
The Board may make rules requiring the payment of certain fees to the Registrar, as described in section 143158. Fees received by the Registrar are to be paid into the account of the Registrar. Any fee which is owed to the Registrar under any provision made

by such rules may be recovered as a debt due to the Registrar 7 . 147. 133. The Registrar may approve forms The Registrar may approve forms for use under these Regulations.
Chapter 2 — Proceedings against Registrar
148. 134. The Registrar may be summoned for refusal to perform duty
(1) A person who determines that the Registrar has refused to perform a duty under these Regulations may require the Registrar to state in writing the grounds of the refusal. (2) The Registrar shall state the grounds within thirty (30) days of receiving the request. (3) On receiving the grounds, or if no grounds are received within the thirty (30) days, the person may commence proceedings against the Registrar to substantiate those grounds or the refusal. (4) The Court may make the order it determines appropriate, and may give any directions it determines necessary for performance of the order. (5) The Court may make the order as to costs and expenses it thinks appropriate.
PART 18 — SEARCHES
149. 135. Entitlement to search the Register 8
(1) During normal business hours, the Registrar shall provide, in accordance with this Part 18, the relevant parties to the real property interest or conveyance adequate access 9– (a) to the Register; and (b) to registered instruments or copies of them. (2) Access may be provided by way of certificate, statement, computer print-out or any other means the Registrar determines appropriate. (3) The Registrar shall provide access to the Register by way of an official or limited search certificate where the request is in writing and accompanied by the prescribed fee. (4) In respect of instruments and information relating to real property located on Al Reem Island and which was registered on the Abu Dhabi Real Property Register prior to 1 January 2025– (a) the Registrar makes no representations as to the completeness or accuracy of such instruments or information and if the Registrar becomes aware of any such Amended on 6 June 2022 Amended on 6 June 2022 by deleting subsection 135(4) Amended on 6 June 2022

deficiencies in the Register, the Registrar shall, in accordance with sections 142 to 144, take whatever steps the Registrar determines necessary to correct the Register; and (b) no person may file a claim before the Courts against the Registrar in respect of any deficiencies identified in the Register or contained in an official or limited search certificate issued by the Registrar and pertaining to such real property, whether or not such person has suffered loss as a result of deficiencies contained in the Register or in an official or limited search certificate.
150. 136. Evidentiary effect of documents issued by Registrar
(1) A document issued by the Registrar conveying information relating to real property is to be taken to be correct, unless the contrary is shown. (2) A document issued by the Registrar purporting to be a certified copy of a registered instrument is to be taken to be an accurate copy unless the contrary is shown.
151. 137. Official searches
(1) The relevant parties to the real property interest or conveyanceA person may apply to the Registrar, on payment of the prescribed fee, for an official search to be made in the Register 10., provided that the applicant has submitted to the Registrar as part of its application– (a) evidence that the applicant is the registered owner of the real property or holds a real property interest in the real property forming the subject matter of the official search; or (b) written consent from the registered owner or real property interest holder approving the applicant’s request to undertake an official search of the real property, provided such consent was given no more than sixty (60) days prior to the date the application for the official search was made to the Registrar. (2) TheSubject to the applicant complying with the requirements of section 151(1) , the Registrar shall make the search and issue the applicant with a certificate of the result., save where the issuance of any such certificate would, in the sole discretion of the Registrar:
(a) be inconsistent with public interest; or
(b) undermine or otherwise materially negatively impact national security.
(3) A lawyer acting for a person for whom an official search is obtained is not liable for any loss or damage that may arise from reliance on it.
PART 19 — EXISTING RIGHTS
10 Amended on 6 June 2022

152. 138. Existing rights
          (1) In relation to musataha and usufruct rights which remain in effect after the date of publication of these Regulations as described in section 11musatahas and usufructs over real property located in Al Reem Island which were created prior to 1 January 2025, the Courts shall apply the law of the Emirate of Abu Dhabi to issues solely regarding the interpretation of the musatahaand nature of musatahas or usufruct instrumentsinterests.
          PART 20 — CONTRAVENTIONS
          PART 19A— CONTRAVENTIONS 11
153. 138A. Contraventions and Fines 12
     (1) A person who is in contravention of sections 11(1), 29(1), 30(1), 43(1) or 43(2) on the date on which the Real Property Regulations (Amendment No. 1) 2022 comes into force, has 3 months to rectify such contravention with the Registrar. If such person does not rectify the contravention within this period, they shall be liable to a fine up to level 8 on the standard fines scale. (1) (2) A person whothat contravenes sections 11(1), 29(1), 30(1), 43(1) or 43(2) after the date on which the Real Propertyany section of these Regulations (Amendment No. 1) 2022 come into force, commits a contravention of these Regulations and shall be liable to a fine up to level 8 on the standard fines scale. (2) (3) The contravention by a person of any of the sections 11(1), 29(1), 30(1), 43(1) or 43(2)of these Regulations continues until such time as the contravention of the obligation(s) stipulated in any of these sections is rectified by such person. (3) (4) Each contravention of an obligation stipulated by any of sections 11(1), 29(1), 30(1), 43(1) or 43(2)section will be considered an individual offence and it will attract a separate fine as stipulated in subsections (1) and (2) above.
     PART 2021 — MISCELLANEOUS
154. 139. Words and expressions used in instruments
          (1) Words and expressions used in instruments registered under these Regulations have the same meanings as they have in these Regulations. (2) The application of subsection (1)(1) to an instrument may be displaced, wholly or partly, by a contrary intention appearing in the instrument.
155. 140. Reference to instrument is reference to instrument completed in approved form
          In these Regulations, a reference to a particular type of instrument for which there is an approved form is a reference to the instrument completed in the approved form.
156. 141. Service of notices
          11 Amended on 6 June 2022
          12 Amended on 6 June 2022

(1) A notice or document may be served on, or given to, a person by delivering it to– (a) the person’s address for service; (b) in the case of an individual, the person’s place of residence; or (c) in the case of a corporation, the corporation’s registered office or principal place of business. (2) A person’s address shown in any instrument by which the person became the registered owner, or the address for service stated in any caveat lodged by the person, may be treated as the person’s address for service. (3) A notice or document may also be served on, or given to, a person by means of facsimile or other electronic transmission, if the same is permitted by the terms of the instrument by which the person became the registered owner. (4) This section does not limit the way in which notices may be served in court proceedings.
157. 142. Deemed receipt in certain cases
(1) Unless a contrary intention appears in the document, where a notice or document is served or given in accordance with section 141156, on a day that is not a business day, or after 5pm on any day, then it is to be treated as being served or given on the next business day. (2) This section does not apply to notices to be served in court proceedings.
158. 143. Rules
(1) The Board may make rules relating to the requirements to be followed in relation to these Regulations. (2) In making the rules, the Board shall have regard to– (a) the purpose of these Regulations; and (b) the principle that a registered interest is not to be adversely affected except with the registered owner’s consent. (3) Without limiting subsection (1)(1), the rules made under this section may provide for– (a) the form and content of and the requirements for instruments, documents and plans; (b) the number of copies of instruments, documents and plans to be lodged; (c) the need for lodging consents, certificates and other documents; (d) the execution of instruments (including in electronic form);

(e) the practice of carrying forward registered interests onto new folios; (f) the amount of fees and charges; (g) the time and method of paying fees and charges; and (h) how security deposits are held by lessors under short-term residential leases and the introduction of a security deposit protection scheme in respect to short-term residential leases; (i) the issuance of market indices and any other relevant parameters regulating a lessor’s ability to increase the rent payable by a lessee in respect of a short-term residential leases; and (j) (h) the circumstances in which, and the methods by which, the Registrar publishes, or requires others to publish, notifications of actions the Registrar intends to take. (4) The Board’s rules shall be complied with unless the Board or the Registrar dispenses with compliance. (5) The Registrar may prepare a schedule of fees and charges to reflect rules as to fees and charges passed by the Board as described in section 132146, which schedule may be amended or modified by the Registrar from time to time with the prior approval of the Board.
159. 144. Conveyances to be by deed
(1) All Conveyances of interests in real property are void for the purpose of Conveying or creating a legal estate unless made by instrument in approved form, subject to section 2725. (2) This section does not apply to– (a) Surrenderssurrenders by operation of law, including surrenders which may, by law, be effected without writing; (b) Vestingvesting orders of the courtCourt or other competent authority; and (c) Conveyances taking effect by operation of law.
PART 21 –22 — PROVISIONS WITH REGARD TO PERSONAL AS WELL AS REAL
PROPERTY
160. 145. Release of powers simply collateral
A person to whom any power, whether coupled with an interest or not, is given may by deed release, or contract not to exercise, the power.
161. 146. Disclaimer of power

(1) A person to whom any power, whether coupled with an interest or not, is given may by deed disclaim the power, and, after disclaimer, shall not be capable of exercising or joining in the exercise of the power. (2) On such disclaimer, the power may be exercised by the other person or persons or the survivor or survivors of the other persons, to whom the power is given, unless the contrary is expressed in the instrument creating the power.
162. 147. Protection of purchasers claiming under certain void appointments
(1) An instrument purporting to exercise a power of appointment over property, which, in default of and subject to any appointment, is held in trust for a class or number of persons of whom the appointee is one, shall not (save as hereinafter provided) be void on the ground of fraud on the power as against a purchaser in good faith, provided that, if the interest appointed exceeds, in amount or value, the interest in such property to which immediately before the execution of the instrument the appointee was presumptively entitled under the trust in default of appointment, having regard to any advances made in his favour and to any requirement of equitable distribution, the protection afforded by this
section to a purchaser shall not extend to such excess.
(2) In this section, a “purchaser in good faith” means a person dealing with an appointee of the age of not less than twenty-five (25) years for valuable consideration in money or money’s worth, and without notice of the fraud, or of any circumstances from which, if reason able inquiries had been made, the fraud might have been discovered. (3) Persons deriving title under any purchaser entitled to the benefit of this section shall be entitled to the like benefit.
163. 148. Abolition of the double possibility rule
The rule of law prohibiting the limitation, after a life interest to an unborn person, of an interest in land to the unborn child or other issue of an unborn person is hereby abolished.
164. 149. Presumption of survivorship in regard to claims to property
In all cases where two or more persons have died in circumstances rendering it uncertain which of them survived the other or others, such deaths shall (subject to any order of the court), for all purposes affecting the title to property, be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder.
165. 150. Abolishing contingent remainders
(1) Subject to subsection (2)(2), the rules known as the common law contingent remainder rules are abolished. (2) Subsection (1)(1) applies to any interest in property whenever created but does not apply if, before the commencement of this Part 22, in reliance on such an interest being invalid by virtue of the application of any of the rules abolished by that section– (a) the property has been distributed or otherwise dealt with; or (b) any person has done or omitted to do anything which renders the position of that

or any other person materially altered to that person’s detriment after the commencement of these Regulations.
166. 151. Abolishing of certain laws
(1) Any rule of law which does any of the following is abolished– (a) restricts the substances on which a deed may be written; (b) requires a seal for the valid execution of an instrument as a deed by an individual; or (c) requires authority by one person to another to deliver an instrument as a deed on his behalf to be given by deed.
167. 152. Legal assignments of things in action
(1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal thing in action, of which express notice in writing has been given to the debtor, trustee or other person from whom the assignor would have been entitled to claim such debt or thing in action, is effectual in law (subject to equities having priority over the right of the assignee) to pass and transfer from the date of such notice– (a) the legal right to such debt of thing in action; (b) all legal and other remedies for the same; and (c) the power to give a good discharge for the same without the concurrence of the assignor. (2) Provided that, if the debtor, trustee or other person liable in respect of such debt or thing in action has notice– (a) that the assignment is disputed by the assignor or any person claiming under him; or (b) of any other opposing or conflicting claims to such debt or thing in action; he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act, 1925. (3) This section does not affect the provisions of the Policies of Assurance Act, 1867.
168. 153. Validation of appointments where objects are excluded or take illusory shares
(1) No appointment made in exercise of any power to appoint any property among two or more objects shall be invalid on the ground that– (a) an unsubstantial, illusory, or nominal share only is appointed to or left unappointed to devolve upon any one or more of the objects of the power; or

(b) any object of the power is thereby altogether excluded; but every such appointment shall be valid notwithstanding that any one or more of the objects is not thereby, or in default of appointment, to take any share in the property. (2) This section does not affect any provision in the instrument creating the power which declares the amount of any share from which any object of the power is not to be excluded.
PART 23 — AL REEM ISLAND
169. Existing musataha and usufruct interests on Al Reem Island
(1) The Registrar shall register all musataha and usufruct interests of real property located in Al Reem Island and registered on the Abu Dhabi Real Property Register prior to 1 January 2025 on the Register as leases pursuant to “memoranda of leases” in accordance with
section 3(1)(c).
(2) Unless the parties elect to convert the legal form of the underlying instrument from a musataha or usufruct, as applicable, to a lease, the contractual rights and obligations arising under the underlying musataha or usufruct arrangement shall not be affected or modified by reason of such registration. (3) To the extent that any musataha or usufruct interest was previously registered on the Abu Dhabi Real Property Register and a registration fee paid to the Municipality of Abu Dhabi, the Registrar shall make reasonable efforts to provide that any initial registration pursuant to subsection (1) above shall not be subject to an additional fee.
170. Existing freehold interests on Al Reem Island
(1) The Registrar shall register all freehold ownership interests of real property located on Al Reem Island and registered on the Abu Dhabi Real Property Register prior to 1 January 2025 on the Register in accordance with section 3(1)(a). (2) When registering on the Register the freehold interest of real property located on Al Reem Island that is held by more than one person, the Registrar shall register the registered owners as tenants in common, unless otherwise directed by all of the registered owners or the Court. (3) To the extent that any freehold ownership interest of real property located on Al Reem Island was previously registered on the Abu Dhabi Real Property Register and a registration fee paid to the Municipality of Abu Dhabi, the Registrar shall make reasonable efforts to provide that any initial registration pursuant to subsection (1) above shall not be subject to an additional fee.
171. Existing granted land on Al Reem Island
Where a freehold interest of real property on Al Reem Island is in respect of granted land, the Registrar shall record in the folio of the concerned lot a restrictive covenant prohibiting the disposition of such granted land without the prior written approval of the Executive Council of the Emirate of Abu Dhabi or such other consents the Board shall dictate, and such restrictive covenant shall run with the land and vest in or bind all persons who have title to such land, including all successors in title, as applicable.

172. Existing leasehold interests in Al Reem Island
     (1) The Registrar shall register all leasehold interests of real property located on Al Reem Island and registered on the Abu Dhabi Real Property Register prior to 1 January 2025 on the Register as leases in accordance with section 3(1)(a). (2) Where the lessor of a lease of real property located on Al Reem Island and registered on the Abu Dhabi Real Property Register prior to 1 January 2025 does not own or hold a registered leasehold right in the real property which is the subject of the lease but only has a right to manage such real property under a power of attorney, property management agreement or other similar contractual arrangement, when registering such lease on the Register the Registrar shall register the person holding the reversionary interest in the lease (being the owner of the real property or holding a superior leasehold, usufruct or musataha right in the real property) as the lessor under such lease with the original lessee remaining as the lessee. (3) The registration of the lease under section 172(2) shall be without prejudice to:
     (a) any claim that the lessee may have under the lease arising prior to the registration of the lease on the Register provided that any claims arising under the lease shall be brought against the lessor as set out in the Register including with respect to any security deposit or other monies paid by the lessee under the lease; and (b) the ability of the lessor to bring a claim against the lessee of the lease and to the effectiveness of any property management agreement or other contractual relationship between the lessor and the person tasked with such management and any claims the lessor may have against such person with respect to its management of the real property which is subject to the lease. (4) To the extent that any leasehold interest of real property located on Al Reem Island was previously registered on the Abu Dhabi Real Property Register and a registration fee paid to the Municipality of Abu Dhabi, the Registrar shall make reasonable efforts to provide that any initial registration pursuant to subsection (1) above shall not be subject to an additional fee. (5) For the avoidance of any doubt, following the Registrar’s initial registration of leasehold interests of real property located on Al Reem Island on the Register in accordance with subsection (1) above, any subsequent registration of the renewal of leasehold interests from and including 1 January 2025 must be effected in accordance with section 41.

173. Corrections of the Register
     The registered owner (or any person purporting to have an interest in the real property) of an interest in real property located in Al Reem Island which was registered on the Abu Dhabi Real Property Register prior to 1 January 2025 and subsequently registered by the Registrar on the Register in accordance with this Part 23 may, within six (6) months of the relevant interest being registered on the Register, lodge an application with the Registrar, in such form as the Registrar may specify and supported by such evidence the Registrar may require, to notify the Registrar of any error in the information contained in the Register pertaining to the relevant interest.

174. Priority of registered instruments
     The priority of instruments in respect of real property located on Al Reem Island registered on the Abu Dhabi Real Property Register and subsequently registered by the Registrar on the Register shall be calculated on the basis of the date of the instrument’s registration on the Abu Dhabi Real Property Register.

175. Application of these Regulations to Real property located on Al Reem Island
     (1) Notwithstanding sections 180(2) and 180(3), these Regulations shall not apply, to any extent, to real property located in Al Reem Island until 1 January 2025. (2) All registered owners and persons with interests in real property located in Al Reem Island shall take all necessary steps and submit all required application and documents to the Registrar in order to be in full compliance with these Regulations by 1 January 2025.

176. Extensions of time
     Section 175 shall not restrict the Registrar’s ability to grant further extensions of time if
     the Registrar deems it necessary.
     PART 2224 — INTERPRETATION

177. 154. Rules of interpretation
          (1) In these Regulations, a reference to registering an instrument or information in the folio is a reference to registering it in (or in the case of a folio kept in paper form, on) the folio of the Register for the lot or lots concerned. (2) In these Regulations, a reference to the “owner” or “registered owner” of real property (or terms of like import) shall not be deemed to imply only freehold or “fee simple” ownership interest in such real property. (3) Without limiting the obligations of the Registrar in these Regulations, a reference to the Registrar making a determination as to a matter shall mean that the Registrar, based on information reasonably available, has concluded in its discretion that the matter in question is so. (4) In these Regulations, a reference to real property is a reference to real property located in the Abu Dhabi Global Market Area and for which a folio of the Register has been or could be created under the provisions of these Regulations.
178. 155. Defined terms
          In these Regulations, unless the context indicates otherwise – “Abu Dhabi Global Market Area” means the land situated on Al Maryah Island, and further bounded as described in the Cabinet of Ministers Resolution (4) of 2013, as the same may be further adjusted or modified in accordance with applicable law; “Abu Dhabi Real Property Register” means any register of real property maintained by the

Municipality of Abu Dhabi (or any successor body) from time to time; “approved form” means a form approved by the Registrar to permit an instrument to be registered on the Register, but, which for the avoidance of doubt, does not limit the terms which the parties to such instrument may determine to be included therein; “caveatee” means the registered owner of a registered interest in real property described in a caveat; “caveator” means the person by whom or on whose behalf a caveat is lodged; “Convey”, together with the correlative terms “Conveyance”, “Conveying” and “Conveyed” means the creation, transfer, mortgage or assignment of an interest in real property as further described in Part 1, Chapter 2 of these Regulations; “correct” used as a verb, includes correct by addition, omission or substitution; “deposit” means file with the Registrar other than for registration; “development” means a real property development pursuant to a plan filed and accepted in accordance with the Strata Title Regulations 2015; “document” means paper or other material (including electronic material) containing writing, words, figures, drawings or symbols; “electronic” means of or relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities; “error” includes an error by omission; “estate” has, with respect to real property, the same meaning and import as a reference to an “interest” in real property; “folio” means a folio of the Register created under these Regulations; “freehold” means an estate in real property, of indeterminate duration; “granted land” means any land that has been gifted by the Government of the Emirate of Abu Dhabi to a person or persons which is situated in the Abu Dhabi Global Market Area (whether or not it was considered part of the Abu Dhabi Global Market Area at the time of the grant); “instrument” includes (i) a document that relates to or may be used to deal with a lot; (ii) a map, survey or diagram; (iii) an order of the Court; or (iv) another document the Registrar has determined to accept for registration pursuant to section 119(2)133(2); “interest” in relation to real property, means any interest in the real property, and any permanent structure or improvement (known in English law as a “fixture”) on the real property; “lodge” means file with the Registrar for registration; “lot” means a separate, distinct parcel of real property within the Abu Dhabi Global Market Area;

“plan” means a strata plan or a development plan for a staged development scheme, each approved as required by the Strata Title Regulations 2015; “power of sale” means all remedial powers of a mortgagee pursuant to section 56(1)(a)- (c)70(1)(a) – (1)(c); “primary application” means an application made under sections 2927 and 3028; “real property” means (i) land, buildings, and items located or placed in, on or under the soil with the intention that they should remain in position permanently or indefinitely, and (ii) any interest therein; “register” in relation to a lot, interest, instrument or other thing, means record the particulars of the thing in the Register; “Register” means the Register established pursuant to these Regulations; “registered owner” means, in relation to a lot, a person recorded in the Register as owner of an interest in the lot, whether that interest is freehold or other than freehold; “registered real property” means real property for which a folio has been created; “Relevant Authority” means the authority within Abu Dhabi (including the Abu Dhabi Global Market) charged with the duty of implementing the policies of Abu Dhabi whose subject matter falls within its authority. Relevant Authority includes, without limitation, the Registrar and any other authorities established under the ADGM Founding Law, and also the Abu Dhabi Department of Municipal Affairs and any other governmental or quasi -governmental agencies or instrumentalities to which the Abu Dhabi Global Market may from time to time delegate rulemaking, adjudicatory or approval authority within the Abu Dhabi Global Market; “renew” in relation to a lease, includes extend; “Service Infrastructure” has the meaning set forth in section 69(2)83(2); “short-term residential lease” means a lease of real property for use as a residential dwelling with a term exceeding six (6) months and less than four (4) years; “Strata Development Documents” shall have the meaning set forth in the Strata Title Regulations 2015.; “Strata Lot” shall have the meaning set forth in the Strata Title Regulations 2015.; “statutory charge” means a charge on real property established by or under applicable law that imposes a restriction on the use of or dealing with the real property; “UAE” means the United Arab Emirates; and “writ of execution” means a writ or warrant of execution after judgment in a court.

PART 2325 — GENERAL

179. 156. Purpose of these Regulations
          (1) These Regulations are intended to establish a system of registration for real property, and in particular– (a) to provide assurances as to title to real property within the Abu Dhabi Global Market Area; (b) to define the powers and functions of the Registrar in relation to real property within the Abu Dhabi Global Market Area; and (c) in particular, provide for a system whereby the Registrar in furtherance of the Abu Dhabi Global Market Law, shall be permitted to create folios of the real property in order to facilitate dealings in such real property as of the date of the effectiveness of these Regulations.
180. 157. Short Title, extent and commencement
          (1) These Regulations may be cited as the Real Property Regulations 20152024. (2) During the period commencing on the effective date of Cabinet of Ministers’ Resolution No. (41) of 2023 and ending on 31 December 2024, as may be extended by the Board, these Regulations shall not apply to any real property located within the geographical area of Al Reem Island. (2) (3) These Regulations apply to real property within the Abu Dhabi Global Market Area. (3) (4) TheseExcept as otherwise stated herein, these Regulations shall come into force on the date of their publication. The Board may by rules make any transitional, transitory, consequential, saving, incidental or supplementary provision in relation to the commencement of these Regulations as the Board thinks fit. (4) (5) The Board may, in its discretion, from time to time elect to assign , transfer and/or delegate to one or more Relevant Authorities its rights of review, approval, issuance of permits, licensing, and other municipal and/or governmental or quasi-governmental rights or functions which the Abu Dhabi Global Market would otherwise be entitled to exercise from time to time with respect to land use, building, construction, public safety and similar matters, and reserves the right to revoke or modify such assignments, transfers and/or delegations from time to time, thereby causing the Abu Dhabi Global Market to resume responsibility therefor by the Abu Dhabi Global Market or any instrumentality therefor or designating another or replacement Relevant Authority to perform such functions. (5) The Real Property Regulations 2015 are repealed.

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Annex B
Consultation Paper No. 4 of 2024
OFF-PLAN DEVELOPMENT REGULATIONS 2024

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Consultation Paper No. 4 of 2024
CONTENTS
SECTION PAGE
PART 1 – THE REGISTERS………………………………………………………………………………. 4

1. Establishment of the registers………………………………………………………………...... 4
2. Contents of the registers………………………………………………………………………… 4
   PART 2 – PUBLICATION OF INFORMATION AND SEARCHES……………………………………. 4
3. Publication of information……………………………………………………………………….. 4
4. Official search…………………………………………………………………………………….. 5
   PART 3 – OFF-PLAN DEVELOPER……………………………………………………………………... 5
5. Restrictions on Off-Plan Sales………………………………………………………………….. 5
6. Application for registration of an Off-Plan Developer…………………………………………. 5
7. Building permits and other approvals…………………………………………………………... 7
8. Relation with the Registrar………………………………………………………………………. 7
9. Notification of events…………………………………………………………………………….. 7
10. Administrative Services………………………………………………………………………... 8
    PART 4 – OFF-PLAN PROJECTS……………………………………………………………………….. 8
11. Registration of Off-Plan Projects……………………………………………………………… 8
12. Off-Plan Project name registration……………………………………………………………. 8
13. Application for registration of Off-Plan Projects……………………………………………… 10
14. Utility contracts………………………………………………………………………………….. 12
15. Restriction on mortgages………………………………………………………………………. 12
16. Registration on the Real Property Register………………………………………………….. 12
17. Project Accounts………………………………………………………………………………... 13
    PART 5 – OFF-PLAN SALES…………………………………………………………………………….. 13
18. Form of Off-Plan Sales Agreement…………………………………………………………… 13
19. Disclosure Statements…………………………………………………………………………. 14
20. Major Change…………………………………………………………………………………… 15
21. Failure to pay the purchase price……………………………………………………………… 16
    PART 6 – POWERS OF THE REGISTRAR……………………………………………………………… 17
22. Powers of the Registrar………………………………………………………………………… 17
23. Registrar’s power to request further information and documents………………………….. 17
24. Registrar’s power to waive any conditions or requirements under these Regulations…… 17
25. The Registrar may state a case……………………………………………………………….. 18
    PART 7 – TRANSITION PERIOD………………………………………………………………………… 18
26. Ongoing Off-Plan Development………………………………………………………………. 18
27. Further extensions of time……………………………………………………………………... 19
    PART 8 – CONTRAVENTIONS…………………………………………………………………………... 19
28. Sanctions………………………………………………………………………………………... 19

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29. Warning Notices………………………………………………………………………………… 19
30. Decision Notices………………………………………………………………………………... 20
31. The Registrar’s procedures……………………………………………………………………. 20
32. Right to refer a Decision Notice to the ADGM Courts……………………………………….. 21
33. Access to materials…………………………………………………………………………….. 21
34. Protected Items…………………………………………………………………………………. 21
35. Publication………………………………………………………………………………………. 22
36. Censure statements……………………………………………………………………………. 22
37. Suspension……………………………………………………………………………………… 22
38. Cancellation…………………………………………………………………………………….. 24
39. Fines……………………………………………………………………………………………... 26
PART 9 – GENERAL………………………………………………………………………………………. 26
40. Defined terms…………………………………………………………………………………… 26
41. Short Title, extent and commencement………………………………………………………. 29

Annex B
Consultation Paper No. 4 of 2024
OFF-PLAN DEVELOPMENT REGULATIONS 2024
Regulations to govern off-plan projects and developers, and to make provisions for matters relating thereto. Date of publication: [•] 2024 The Board of Directors of the Abu Dhabi Global Market, in exercise of its powers under Article 6(1) of Law No. 4 of 2013 concerning the Abu Dhabi Global Market issued by His Highness the Ruler of the Emirate of Abu Dhabi, hereby enacts the following Regulations:
PART 1 – THE REGISTERS

1. Establishment of the registers
   The Registrar shall establish and maintain an Off-Plan Developer Register and an Off-Plan Project Register in any form it determines appropriate from time to time, including in the form of electronic files.
2. Contents of the registers
   (1) The Off-Plan Developer Register shall contain:
   (a) information registered by the Registrar in accordance with section 6(1)(a); and (b) such other documents or information required by the Registrar that the Registrar in its discretion determines pertinent to the regulation of Developers. (2) The Off-Plan Project Register shall contain:
   (a) information registered by the Registrar in accordance with section 13(1)(a); and (b) such other documents or information required by the Registrar that the Registrar in its discretion determines pertinent to the regulation of Off-Plan Projects.
   PART 2 – PUBLICATION OF INFORMATION AND SEARCHES
3. Publication of information
   The Registrar may, in its discretion, make certain information in respect of the Off-Plan Developer Register and/or the Off-Plan Project Register publicly available. Such information may include:
   (a) the registration number and status of the Off-Plan Project; (b) the construction status of the Off-Plan Project; (c) the name of the Account Bank within which the Project Account of the respective Off-Plan Project has been established by the Developer; (d) the Project Account number of the Off-Plan Project; (e) the breakdown of units in the Off-Plan Project; (f) the name, License number and registration status of the Developer of record of the Off-Plan Project;

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(g) the website, address and contact details of the Developer of record of the Off-Plan Project; and (h) contraventions, sanctions, censure statements and/or fines (if any) applied against the Developer of the Off-Plan Project to the extent that the Registrar determines such should be made public.
4. Official search
(1) A party may apply to the Registrar, on payment of the prescribed fee and on satisfaction of any other conditions stipulated by the Registrar, for an official search to be made on the Off-Plan Project Register. (2) The Registrar shall make the search and issue to the applicant a certificate of the result, which shall evidence:
(a) the real property or development interest held by the Developer in the land to be developed and any mortgage registered over such real property interest; (b) the details of the registered Off-Plan Sales; and (c) such other information as the Registrar may determine. (3) A certificate issued by the Registrar in accordance with section 4(2) conveying information relating to real property is to be taken to be correct, unless the contrary is shown.
PART 3 – OFF-PLAN DEVELOPER
5. Restrictions on Off-Plan Sales
A Developer shall not commence and undertake Off-Plan Sales until and unless:
(a) the Developer is registered on the Off-Plan Developer Register; (b) the Off-Plan Project is registered on the Off-Plan Project Register; and (c) the Developer has established a Project Account with an Approved Account Bank for the relevant Off-Plan Project in accordance with the Off-Plan Development Regulations (Project Account) Rules 2024.
6. Application for registration of an Off-Plan Developer
(1) In order to be registered on the Off-Plan Developer Register, a Developer shall:
(a) submit an application to the Registrar in such form as the Registrar may specify, which may include:
i. a copy of the Developer’s current and valid License;
ii. copies of the Developer’s constitutional documents, such as articles of association,
partnership agreement and a certificate of incumbency;
iii. evidence of the Developer’s (or its affiliates) development experience and previous
projects;
iv. details of the Management Team;

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v. a copy of the certificate (or similar document) issued by a Relevant Authority confirming
that no person making up the Management Team is accused of or has been convicted of a criminal offence in the UAE; and
vi. such other information as the Registrar may, in its discretion, require.
(b) pay such fees in connection with the Developer’s application as set out in the Off-Plan Development Regulations (Fees) Rules 2024. (2) Following the Registrar’s review of the Developer’s application for registration on the Off-Plan Developer Register, the Registrar shall:
(a) approve the Developer’s application and register the Developer on the Off-Plan Developer Register with or without conditions; (b) reject the Developer’s application, providing its reasons in writing for rejecting the Developer’s application; or (c) return the Developer’s incomplete application with a request to provide the missing documents and/or information within seven (7) calendar days, provided that if the Developer fails to do so the Developer’s application shall be automatically considered withdrawn by the Developer. (3) The Registrar shall be entitled to impose conditions on the registration of a Developer on the Off-Plan Developer Register or to decline to register a Developer if:
(a) the Developer fails to provide the documents and information required by the Registrar; (b) the Registrar deems it necessary to safeguard public interest; and/or (c) the Developer fails to pay the fees under section 6(1)(b) above. (4) A Developer shall comply with any conditions imposed by the Registrar on its registration on the Off￾Plan Developer Register and shall evidence to the Registrar its ongoing compliance with such conditions as shall be required by the Registrar. (5) A Developer shall be required to maintain its registration on the Off-Plan Developer Register until such time as the Developer is no longer the Developer of record of an Off-Plan Project registered on the Off￾Plan Project Register or is otherwise removed by the Registrar in accordance with these Regulations. (6) For as long as a Developer is required to be registered as a Developer on the Off-Plan Developer Register in accordance with section 6(5), the Developer must, prior to each anniversary of its registration on the Off-Plan Developer Register:
(a) submit a statement to the Registrar, in such form as the Registrar may specify, confirming:
i. the Developer’s continued financial solvency and funding, including demonstrating
compliance with any capital or funding requirements as may be imposed by the Registrar from time to time;
ii. the status of all Off-Plan Projects registered on the Off-Plan Project Register for which the
Developer is the Developer of record; and
iii. any other information the Registrar may require;
(b) pay to the Registrar the annual maintenance fee set out in the Off-Plan Development Regulations (Fees) Rules 2024.

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7. Building permits and other approvals
The registration of a Developer on the Off-Plan Developer Register shall not exempt the Developer or its contractors from the obligation to obtain and maintain any building permits or other approvals required from any Relevant Authority overseeing the issuance of construction or building permits in the Abu Dhabi Global Market in order for the Developer and its contractors to lawfully be able to undertake development in the Abu Dhabi Global Market.
8. Relation with the Registrar
(1) A Developer registered on the Off-Plan Developer Register shall:
(a) communicate with the Registrar in the English language; (b) co-operate with any investigations or enquiries undertaken by a Relevant Authority and provide such information and confirmation as may be requested by the Registrar for any of the purposes of these Regulations; (c) ensure that all information provided by, or on behalf of, the Developer is not false, misleading or deceptive; (d) not conceal any information where the concealment of such information is likely to mislead or deceive the Registrar; (e) not misrepresent its registered status under these Regulations, expressly or by implication; and (f) not use or reproduce the logos of the Abu Dhabi Global Market without express written permission from the Registrar and in accordance with any conditions for use imposed by the Registrar. (2) A Developer registered on the Off-Plan Developer Register shall provide the Registrar with such information as the Registrar may from time to time, by notice in writing, require for the exercise of the Registrar’s functions under these Regulations.
9. Notification of events
A Developer registered on the Off-Plan Developer Register shall notify the Registrar in writing:
(a) immediately if the Developer becomes aware:
i. that the Developer has failed to comply with the requirements of any Code of Conduct,
these Regulations or any laws applicable in the Abu Dhabi Global Market;
ii. of a claim made against the Developer and/or the Management Team relating to the
Developer’s provision of development services and/or the Off-Plan Project which may impact the continuation of the Off-Plan Project;
iii. that a government or other regulatory body exercising powers and performing functions
related to the regulation of Developers has started an investigation into, or has appointed inspectors to investigate, the conduct or affairs of the Developer; or
iv. the imposition of disciplinary measures or sanctions on any member of the Management
Team in relation to their conduct of services analogous to development services by a government or other regulatory body exercising powers and performing functions related to the regulation of Developers; (b) as soon as reasonably practicable where:

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i. the Developer becomes aware that the information contained on the Off-Plan Developer
Register and/or the Off-Plan Project Register is no longer accurate or correct and in such case the Developer shall provide the Registrar, as soon as reasonably practicable, with all necessary documents and/or information in order to update the Off-Plan Developer Register and/or the Off-Plan Project Register (as is applicable);
ii. there is a change in the name, number, or shareholding of the Developer’s shareholders
(and in such circumstances the Developer shall submit such documentation as the Registrar may require to evidence such change); and
iii. any member of the Management Team resigns or is terminated by the Developer
(including providing details of any proposed replacement).
10. Administrative Services
(1) A Developer providing Administrative Services shall only be entitled to charge the beneficiary of the Administrative Service a fee reflective of and commensurate to the reasonable and fair cost for providing or procuring such service, which charge may not, in any event, exceed AED 5,000 (or such other amount as may be determined from time to time by the Registrar) per real property. Such fee shall be charged one time only, upon receipt of the Administrative Services, and may not be a renewing or recurring fee unless further Administrative services are provided by the Developer. (2) For the avoidance of any doubt, Developers shall not charge for the provision of the following services:
(a) the registration of an Off-Plan Sales Agreement on the Off-Plan Sales Register; (b) the de-registration of an Off-Plan Sales Agreement where the Off-Plan Sales Agreement has been terminated by the Off-Plan Purchaser as a result of a Major Change in accordance with
section 20(4)(c);
(c) the registration of an Off-Plan Purchaser on the Real Property Register as the registered owner of a real property to which an Off-Plan Sales Agreement relates to; and (d) procuring and issuing title deeds to Off-Plan Purchasers.
PART 4 – OFF-PLAN PROJECTS
11. Registration of Off-Plan Projects
(1) All Off-Plan Projects shall be registered on the Off-Plan Project Register. (2) If an Off-Plan Project shall be developed and delivered in multiple phases, the Developer must separately register each phase of the Off-Plan Project on the Off-Plan Project Register. (3) No Developer may register an Off-Plan Project on the Off-Plan Project Register until the Developer has been registered on the Off-Plan Developer Register.
12. Off-Plan Project name registration
(1) Every application for the registration of an Off-Plan Project must be accompanied by an application to register the proposed name of each building constituting the Off-Plan Project. (2) The Developer shall submit a name-reservation application to the Registrar in such form as the Registrar may specify which shall include the proposed name of each building constituting the Off-Plan Project, which name(s) must comply with the requirements of section 12(3) and any further rules, guidance or directions issued by the Registrar in this respect.

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(3) The name of each building constituting the Off-Plan Project must not:
(a) constitute a contravention of these Regulations or any other enactment or rule applicable in the Abu Dhabi Global Market; (b) be offensive; (c) incorrectly give the impression that any building constituting the Off-Plan Project is in anyway connected with:
i. a person or a brand, whether registered or unregistered in the Abu Dhabi Global Market
(unless the Developer has the appropriate rights to use such name from the relevant person or brand in which case the Developer shall submit evidence of such right to the Registrar);
ii. the Federal Government of the United Arab Emirates or the Government of any Emirate
within the United Aab Emirates; or
iii. a municipality or public authority within the United Arab Emirates;
(d) be identical or confusingly similar to the name of another building within the Abu Dhabi Global Market (unless such name is similar to that of one or more buildings each of which constitute one Off-Plan Project and the name of each such building has a unique identifier). (4) Following the Registrar’s review of the Developer’s name-reservation application, the Registrar shall:
(a) approve the proposed name(s), in whole or in part, subject to any changes the Registrar may require; (b) reject the proposed name(s), providing its reasons in writing for rejecting such name(s); or (c) return the Developer’s incomplete application with a request to provide the missing documents and/or information within seven (7) calendar days, provided that if the Developer fails to do so the Developer’s application shall be automatically considered withdrawn by the Developer. (5) Where the Registrar has approved the proposed name(s) with variations or has rejected the proposed name(s) in accordance with section 12(4), the Developer of the Off-Plan Project may file a claim before the ADGM Courts for an order to:
(a) amend the name(s) approved by the Registrar; or (b) approve the proposed name(s) rejected by the Registrar. (6) A person (the “applicant”) may, by filing an application with the Registrar, object to the registration of the name of any building constituting an Off-Plan Project on the basis that:
(a) the name is the same name or is sufficiently similar as a name associated with the applicant in which the applicant has goodwill; or (b) any rights in the name (in whole or in part) granted by the applicant to the Developer for use in the naming of any building constituting the Off-Plan Project have been validly terminated and withdrawn by the applicant. (7) The Registrar shall promptly notify the Developer (and/or where applicable, the registered owner) of the Off-Plan Project of an applicant’s objection to the registration of the name of any building constituting the Off-Plan Project and allow the Developer (and/or, where applicable, the registered owner) two (2) weeks within which to make representations in respect of the applicant’s objection. Upon the expiry of

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(a) reject the applicant’s application;
(b) approve the applicant’s application and give directions for the change of the name(s) of any building constituting the Off-Plan Project, in each case notifying the applicant and the Developer (and/or, where applicable, the registered owner) of the reasons for its decision. (8) Where the Registrar, pursuant to section 12(7)(b), determines that the name of any building constituting the Off-Plan Project must be changed, or an order to this effect is issued by the ADGM Courts, the Developer (and/or, where applicable, the registered owner) must promptly submit a new name￾reservation application in accordance with section 12(2). (9) Section 12(7) does not restrict an applicant or the Developer (and/or, where applicable, the registered owner) of the Off-Plan Project from filing a claim before the ADGM Courts for an order seeking to vary or overturn the decision of the Registrar in respect of the registration or de-registration (as applicable) of the name(s) of any building constituting the Off-Plan Project.
13. Application for registration of Off-Plan Projects
(1) In order to register an Off-Plan Project on the Off-Plan Project Register, the Developer shall:
(a) submit an application to the Registrar in such form as the Registrar may specify which may include:
i. evidence that the Developer:
I. holds a real property interest in the land upon which the Off-Plan Project is to be
constructed; or
II. has a contractual right to develop the land and conduct Off-Plan Sales under a
Reservation Agreement registered on the Off-Plan Sales Register;
ii. the architectural drawings and engineering drawings for the Off-Plan Project, in such form
as may be required by the Registrar;
iii. the proposed uses and components of the Off-Plan Project in line with the master plan of
the Abu Dhabi Global Market;
iv. if applicable, information of any special management arrangement and brand standards;
v. information on the proposed arrangements for the supply of utility services including any
mandatory utility arrangements;
vi. information on any features, equipment or services forming part of the Off-Plan Project
and contributing to the sustainable environmental development of the Off-Plan Project and intended to reduce the overall impact of the Off-Plan Project on the environment (both during construction and after Building Completion is achieved), including without limitation:
I. the use of efficient, green and/or eco-friendly materials, sustainable technologies
and/or other measures in the construction of the Off-Plan Project;

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II. the installation of equipment, technologies and other systems intended to increase
the Off-Plan Project’s energy efficiency and/or reduce the Off-Plan Project’s water footprint; and
III. any other features required to meet any applicable mandatory sustainable building
requirements imposed by a Relevant Authority from time to time;
vii. the business plan for the Off-Plan Project, including the construction costs, the proposed
milestones against which payments will be released out of the Project Account and details of Debt and Equity Financing for the Off-Plan Project;
viii. the sales plan and forecast;
ix. the proposed construction program;
x. a no-objection letter from the bank if the land on which the Off-Plan Project is being
constructed is mortgaged; and
xi. such other information as the Registrar may, in its discretion, require;
(b) pay such fees in connection with the Developer’s application as set out in the Off-Plan Development Regulations (Fees) Rules 2024. (2) Following the Registrar’s review of the Developer’s application to register the Off-Plan Project on the Off-Plan Project Register, the Registrar shall:
(a) approve the Developer’s application and register the Off-Plan Project on the Off-Plan Project Register with or without conditions; (b) reject the Developer’s application, providing its reasons in writing for rejecting the Developer’s application; or (c) return the Developer’s incomplete application with a request to provide the missing documents and/or information within fourteen (14) calendar days, which may be extended for another fourteen (14) calendar days at the Registrar’s discretion, provided that if the Developer fails to do so the Developer’s application shall be automatically considered withdrawn by the Developer. (3) The Registrar may decline to register an Off-Plan Project on the Off-Plan Project Register if:
(a) the Registrar considers that the Developer and/or any of its contractors do not have sufficient resources or access to funds to complete the Off-Plan Project without relying upon Off-Plan Sales; (b) the Registrar deems it necessary to safeguard public interest; (c) the Developer fails to provide any documents and/or information requested by the Registrar; (d) the Registrar determines that the Off-Plan Project is not feasible; or (e) the Developer fails to pay the application fees in accordance with section 13(1)(b). (4) If at any time following the registration of an Off-Plan Project on the Off-Plan Project Register the Developer of record becomes aware that any of the documents submitted to the Registrar in accordance with section 13(1)(a) are no longer accurate, correct or have been subsequently updated, the Developer shall provide the Registrar, as soon as reasonably practicable, with accurate, correct and/or updated documents and any other information requested by the Registrar.

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(5) An Off-Plan Project (which has not been cancelled or otherwise removed from the Off-Plan Project Register by an order of the ADGM Courts) shall remain registered on the Off-Plan Project Register until such time as the Registrar is satisfied that:
(a) the Off-Plan Project has achieved Building Completion; (b) the Developer has remedied and rectified all defective building works, materials, equipment and installations arising from or in connection with the construction of the Off-Plan Project and the defects liability period has expired; (c) there are no ongoing claims commenced by or on behalf of Off-Plan Purchasers against the Developer arising under these Regulations in respect of the Off-Plan Project; (d) all amounts deposited in the Project Account which must be retained by the Account Bank have been disbursed in accordance with the Off-Plan Development Regulations (Project Account) Rules 2024; and (e) all Sale Proceeds and Debt and Equity Financing deposited in the Project Account of the Off￾Plan Project are disbursed in accordance with the Off-Plan Development Regulations (Project Account) Rules 2024.
14. Utility contracts
The Developer must submit to the Registrar copies of all contracts for the connection and supply of utility services to the Off-Plan Project within thirty (30) days of being signed with the utility provider.
15. Restriction on mortgages
The Developer may not mortgage the land upon which the Off-Plan Project is to be constructed other than for the purpose of obtaining funding for the development of the Off-Plan Project, in which case:
(a) the Developer must stipulate in each Off-Plan Sales Agreement executed with an Off-Plan Purchaser that the land is mortgaged; (b) the lender shall deposit the financing funds into the Project Account; and (c) the Developer and its lender undertake that the part of the Off-Plan Project to which an Off-Plan Sales Agreement relates shall be released from or no longer be subject to the mortgage once the Off-Plan Purchaser under such Off-Plan Sales Agreement has paid the purchase price in full.
16. Registration on the Real Property Register
(1) A Developer shall notify an Off-Plan Purchaser as soon as reasonably practicable of the date the Off￾Plan Project in which they have acquired an interest achieves Building Completion. (2) Upon Building Completion in respect of an Off-Plan Project, and subject to the due compliance of an Off-Plan Purchaser with its Off-Plan Sales Agreement, the Developer shall promptly (and by no later than thirty (30) days of the Off-Plan Purchaser satisfying its obligations under the Off-Plan Sales Agreement) submit an application to the Registrar to register the Off-Plan Purchaser as the registered owner of the real property to which the Off-Plan Sales Agreement relates to in the Real Property Register. (3) If the Developer does not comply with section 16(2), the Off-Plan Purchaser or its lender may submit an application to the Registrar requesting the registration of the Off-Plan Purchaser on the Real Property Register as a registered owner of the real property to which the Off-Plan Sales Agreement relates to.

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(4) If a request is made pursuant to section 16(3), the Registrar shall notify the Developer of the application and grant the Developer seven (7) calendar days to remedy its failure and comply with section 16(2). (5) Following the expiry of the seven (7) calendar day period set out in section 16(4), if the Developer has not taken steps to comply with section 16(2) or the Developer has provided a reasonable explanation as to why such Off-Plan Purchaser should not be registered in the Real Property Register, the Registrar may:
(a) reject the Off-Plan Purchaser’s application; (b) register the Off-Plan Purchaser on the Real Property Register as the registered owner of the real property to which the Off-Plan Sales Agreement relates to; or (c) refer the matter to the ADGM Courts. (6) Where the Registrar elects to:
(a) reject an Off-Plan Purchaser’s application in accordance with section 16(5)(a), the Registrar shall provide reasons for such rejection and may impose a penalty on the applicant in an amount equivalent to the administrative costs arising from such application; or (b) register the Off-Plan Purchaser in the Real Property Register in accordance with section 16(5)(b) or as otherwise directed to do so by the ADGM Courts, the Registrar may impose a penalty on the Developer in an amount equivalent to the applicable registration fees and administrative costs arising from the application and registration of the Off-Plan Purchaser’s interest on the Real Property Register. (7) Section 16(5)(a) does not restrict an Off-Plan Purchaser or its lender from filing a claim before the ADGM Courts for an order requiring the Registrar to register the Off-Plan Purchaser in the Real Property Register as the registered owner of real property to which an Off-Plan Sales Agreement relates to. Where such an order is issued by the ADGM Courts, the Registrar will, promptly upon receipt of the order, register the Off-Plan Purchaser as the registered owner of the real property in the Real Property Register.
17. Project Accounts
(1) A Developer shall be required to establish a Project Account for each Off-Plan Project prior to undertaking Off-Plan Sales. (2) The Board may make rules supplementing this section.
PART 5 – OFF-PLAN SALES
18. Form of Off-Plan Sales Agreement
(1) All Off-Plan Sales must be made by way of an Off-Plan Sales Agreement.
(2) The Off-Plan Sales Agreement shall be prepared by the Developer and must:
(a) comply with section 2(2) of Part 1 of the Off-Plan Sales Register Regulations 2022 (as amended from time to time); (b) specify in reasonable detail:

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i. the architectural and design finishes of the real property at Building Completion (including,
without limitation, the type, colour and materials of all horizonal and vertical surfaces (such as floors, walls and ceilings) and the colour and type of paint and/or wallpaper); and
ii. the equipment, fixtures and fittings to be handed over as part of the real property;
(c) detail the car parking entitlements which the Off-Plan Purchaser will have the benefit of from Building Completion of the real property (which must be in line with any minimum requirements set by the Relevant Authorities); (d) set out the construction milestones against which the purchase price payment instalments shall be made; (e) state the estimated gross sellable area of the real property at Building Completion and the basis on which such gross sellable area will be calculated; (f) include a copy of the Disclosure Statement approved by the Registrar; and (g) include such other information and be in such form as the Registrar may otherwise specify. (3) Nothing hereunder shall restrict the Registrar from issuing a mandatory standard form Off-Plan Sales Agreement and requiring that such standard form Off-Plan Sales Agreement be used by all Developers from issuance. (4) The Off-Plan Sales Agreement must be promptly registered by the Developer in accordance with
section 3 of Part 2 of the Off-Plan Sales Register Regulation 2022 and the Registrar shall include as
part of such registration the name of the Off-Plan Project and the corresponding Developer to which
such Off-Plan Sales Agreement relates.
(5) Variations and novations of the Off-Plan Sales Agreement shall be made and registered in accordance with sections 5 and 6 of the Off-Plan Sales Register Regulations 2022 provided that:
(a) no Off-Plan Sales Agreement may be novated from a Developer to a third party unless such third party has become the Developer of record of the relevant Off-Plan Project in the Off-Plan Project Register and is registered as a Developer in the Off-Plan Developer Register; and (b) any such variations and novations shall not be contrary to these Regulations.
19. Disclosure Statements
(1) A Developer shall not enter into any Off-Plan Sales Agreement until the Registrar has approved the form of the Disclosure Statement. (2) The Disclosure Statement shall include, where applicable, the following:
(a) details of any proposed subdivision of the Off-Plan Project either under a strata plan or through a contractual common ownership scheme, the proposed components (and their permitted use) of the Off-Plan Project (including the details of the future interests granted), the real property interests that will be granted in the Off-Plan Project following Building Completion and the shared areas; (b) details of the proposed management arrangements governing the shared areas, including any special management arrangement and brand standards; (c) details of the proposed arrangements for the supply of utility services (including any mandatory utility arrangements);

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(d) the anticipated commencement and handover dates of the components of the Off-Plan Project; (e) a copy of any Master Community Declaration; (f) a budget, prepared on a reasonable basis, for the first fiscal year estimating any service charge which will be payable by the Off-Plan Purchaser in respect of the shared areas following Building Completion; (g) information on any features, equipment or services forming part of the Off-Plan Project and contributing to the sustainable environmental development of the Off-Plan Project and intended to reduce the overall impact of the Off-Plan Project on the environment (both during construction and after Building Completion is achieved), including without limitation:
i. the use of efficient, green and/or eco-friendly materials, sustainable technologies and/or
other measures in the construction of the Off-Plan Project;
ii. the installation of equipment, technologies and other systems intended to increase the
Off-Plan Project’s energy efficiency and/or reduce the Off-Plan Project’s water footprint; and
iii. any other features required to meet any applicable mandatory sustainable building
requirements imposed by a Relevant Authority from time to time; (h) the measure of any sustainable environmental development applied to the Off-Plan Project, including specifics of the Emirates Authority for Standardization and Metrology and the Environment Authority of Abu Dhabi; and (i) such other disclosures required by the Registrar. (3) The Registrar may reject the Developer’s Disclosure Statement and refuse to approve it if:
(a) the Developer has not provided the Registrar with the required information; and/or (b) the Disclosure Statement submitted by the Developer is not, as determined by the Registrar in its discretion, of a satisfactory standard or is believed by the Registrar to be inaccurate or incorrect. (4) A Developer is deemed to warrant to Off-Plan Purchasers that the information, documents and plans contained in the Disclosure Statement are accurate and complete.
20. Major Change
(1) No less than ten (10) days prior to the handover of any real property to an Off-Plan Purchaser, the Developer shall be required to:
(a) update the Disclosure Statement and notify the Registrar and the Off-Plan Purchasers if the information, documents and/or plans contained in the Disclosure Statement are no longer accurate and/or complete upon Building Completion; (b) notify the Off-Plan Purchaser of any changes made to the architectural and design finishes of the real property or the equipment, fixtures and fittings to be handed over as part of the real property as against the information contained in the Off-Plan Sales Agreement; and (c) notify the Off-Plan Purchaser of the actual gross sellable area of the real property acquired under the Off-Plan Sales Agreement as measured by a Surveyor using the measurement standards applicable in the Abu Dhabi Global Market from time to time.

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(2) In the event that upon Building Completion the gross sellable area of a real property purchased by an Off-Plan Purchaser is more than five percent (5%) smaller than the estimated gross sellable area set out in the Off-Plan Sales Agreement, the Developer shall be required to refund the Off-Plan Purchaser a proportionate amount to reflect such reduction in size. (3) The Developer shall not be entitled to charge an Off-Plan Purchaser any additional monies in the event that upon Building Completion the gross sellable area of the real property is greater than the estimated gross sellable area set out in the Off-Plan Sales Agreement. (4) Where a change in the real property, the Disclosure Statement and/or the Off-Plan Project constitutes a Major Change which:
(a) has been notified by the Developer to the Off-Plan Purchaser under section 20(1) above; or (b) the Off-Plan Purchaser becomes aware within thirty (30) days from the handover date, the Off-Plan Purchaser may within thirty (30) days of being notified of or becoming aware of such Major Change:
(c) terminate the Off-Plan Sales Agreement by written notice to the Developer; and/or (d) file a claim before the ADGM Courts against the Developer for damages incurred. (5) If, pursuant to section 20(4)(c), an Off-Plan Purchaser terminates the Off-Plan Sales Agreement, the Developer shall, within thirty (30) days of receipt of the notice of termination by the Off-Plan Purchaser:
(a) refund to the Off-Plan Purchaser all moneys paid by or on behalf of the Off-Plan Purchaser under the Off-Plan Sales Agreement prior to its termination; or (b) where the Developer disputes the occurrence of a Major Change entitling the Off-Plan Purchaser to terminate the Off-Plan Sales Agreement, file a claim before the ADGM Courts. (6) Nothing under this section 20 shall prevent:
(a) the Registrar from imposing a fine on the Developer where the Registrar determines, acting reasonably, that a change in the real property, the Off-Plan Project and/or the Disclosure Statement which:
i. was not mandated by a Relevant Authority; and
ii. occurred as a result of any act, omission and/or fault of the Developer and/or its
contractors within its or their control, constitute a Major Change; (b) an Off-Plan Purchaser from seeking to terminate an Off-Plan Sales Agreement in circumstances where the Developer has committed a breach of the Off-Plan Sales Agreement other than a Major Change; or (c) an Off-Plan Purchaser from seeking an order of the ADGM Courts for damages for reasons other than a Major Change.
21. Failure to pay the purchase price
(1) A Developer shall not be entitled to terminate an Off-Plan Sales Agreement if the Off-Plan Purchaser fails to pay the purchase price payable under the Off-Plan Sales Agreement other than as set out in this section 21.

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(2) Where an Off-Plan Purchaser has failed to pay:
(a) three (3) consecutive instalments of the purchase price payable under the Off-Plan Sales Agreement; or (b) an amount equivalent to or more than thirty percent (30%) of the total purchase price payable under the Off-Plan Sales Agreement, the Developer may issue to the Off-Plan Purchaser a final payment demand (in writing and with a copy to the Registrar), setting out details of the Off-Plan Purchaser’s failure to pay the purchase price in accordance with the Off-Plan Sales Agreement (including evidence of such payments becoming due and owing) and providing the Off-Plan Purchaser with fifteen (15) days from the date the final payment demand is issued to the Off-Plan Purchaser to pay the outstanding amounts. (3) If the Off-Plan Purchaser fails to pay the outstanding amounts within the period required by the final payment demand or is unable to demonstrate that the outstanding purchase monies are not fully due and owing or have already been paid by the Off-Plan Purchaser, the Developer may apply to the Registrar to de-register the Off-Plan Sales Agreement. (4) Following the Registrar’s review of the Developer’s application to de-register the Off-Plan Purchaser’s Off-Plan Sales Agreement, the Registrar may:
(a) request further information and/or documents from the Developer and/or the Off-Plan Purchaser to make a determination on the Developer’s application; (b) reject the Developer’s application, providing its reasons for such rejection; or (c) de-register the Off-Plan Purchaser’s Off-Plan Sales Agreement, following which the Off-Plan Sales Agreement shall be considered as terminated from such date of de-registration. (5) Nothing under section 21(4) shall:
(a) prevent the Off-Plan Purchaser from pursuing a claim in the ADGM Courts to dispute the de￾registration of the Off-Plan Sales Agreement; or (b) otherwise waive the rights and obligations of the Developer or of the Off-Plan Purchaser under the Off-Plan Sales Agreement prior to the date of termination of the Off-Plan Sales Agreement.
PART 6 – POWERS OF THE REGISTRAR
22. Powers of the Registrar
The Registrar will exercise its powers and discharge its responsibilities as set out in these Regulations in each case in accordance with the established principles of natural justice, ensuring that its actions are fair and transparent.
23. Registrar’s power to request further information and documents
Nothing in these Regulations restricts the Registrar’s ability and discretion to request further documentation and/or information deemed necessary by the Registrar to carry out its functions under these Regulations.
24. Registrar’s power to waive any conditions or requirements under these Regulations
Nothing in these Regulations restricts the Registrar's ability and discretion to modify or waive any requirement under these Regulations, including without limitation, the requirement of any person to file

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25. The Registrar may state a case
(1) Whenever a question arises concerning the performance of the Registrar’s duties or the exercise of the Registrar’s functions, the Registrar may state a case for the opinion of the ADGM Courts. (2) The ADGM Courts’ decision binds the Registrar and any other parties to the case.
PART 7 – TRANSITION PERIOD
26. Ongoing Off-Plan Development
(1) A Developer that commenced construction works of an Off-Plan Project located on Al Reem Island prior to 1 January 2025 shall take all necessary steps and submit all required applications and documents to the Registrar, by no later than 17 January 2025, to:
(a) be registered as a Developer on the Off-Plan Developer Register; (b) register the Off-Plan Project on the Off-Plan Project Register; and (c) comply with all other sections of these Regulations. (2) Notwithstanding section 26(1), the Registrar may, in its discretion, elect to register:
(a) on the Off-Plan Developer Register a Developer that commenced construction works of an Off￾Plan Project located on Al Reem Island prior to 1 January 2025 and who has not submitted to the Registrar an application for registration on the Off-Plan Developer Register in accordance with section 6(1), provided that the Developer:
i. holds a valid and subsisting commercial license and development certificate issued by the
relevant authorities of the Emirate of Abu Dhabi permitting the Developer to undertake development activities on Al Reem Island;
ii. provides the Registrar such information and documentation as the Registrar may, in its
discretion, require; and
iii. pays such administrative fees as directed by the Registrar.
(b) on the Off-Plan Project Register an Off-Plan Project located on Al Reem Island that, prior to 1 January 2025, was already under construction or has achieved Building Completion (and the defects liability period in respect of the Off-Plan Project has not yet expired) and the Developer of record has not submitted to the Registrar the applications set out under sections 12(2) and 13(1), provided that the Developer:
i. is registered on the Off-Plan Developer Register;
ii. holds a valid and subsisting building certificate (or other similar document) issued by the
relevant authority of the Emirate of Abu Dhabi permitting the Developer to undertake the development of the Off-Plan Project;
iii. has established a valid escrow account in respect of the Off-Plan Project in accordance
with the applicable laws of the Emirate of Abu Dhabi;

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iv. submits to the Registrar an application to register the name of any building constituting
the Off-Plan Project in accordance with section 12;
v. provides the Registrar such information and documentation as the Registrar may, in its
discretion, require; and
vi. pays such administrative fees as directed by the Registrar.
(3) A Developer that is registered on the Off-Plan Developer Register by the Registrar in accordance with
section 26(2)(a) may not undertake the development of any new Off-Plan Projects after 1 January 2025
unless and until it has filed an application with the Registrar in accordance with:
(a) section 6(1) and has been registered on the Off-Plan Developer Register; and (b) section 13(1) and the Off-Plan Project has been registered on the Off-Plan Project Register.
27. Further extensions of time
Section 26 shall not restrict the Registrar’s ability to grant further extensions of time to Developers who
are developing Off-Plan Projects on Al Reem Island.
PART 8 – CONTRAVENTIONS
28. Sanctions
If the Registrar considers that the Developer has contravened or not complied with these Regulations, the Registrar may, subject to the notification procedures set out below, take any or all of the following courses of action in relation to the Developer:
(a) issue a private or public censure in relation to such contravention; (b) impose conditions on the ongoing registration of the Developer in the Off-Plan Developer Register or in respect of any Off-Plan Project being undertaken by the Developer; (c) suspend or cancel the Developer’s registration on the Off-Plan Developer Register and/or the registration of the Off-Plan Project on the Off-Plan Project Register; and/or (d) impose a fine on the Developer.
29. Warning Notices
(1) Prior to the Registrar imposing any sanction pursuant to its powers under section 28, it must provide a warning notice (a “Warning Notice”) to the Developer (the “Warning Notice Recipient”). (2) A Warning Notice must:
(a) be in writing;
(b) state the action(s) which the Registrar proposes to take; (c) give reasons for the proposed action(s); and (d) specify a reasonable period (which may not be less than fourteen (14) days) within which the Warning Notice Recipient may make representations to the Registrar.

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(3) Following the receipt of a Warning Notice, the Warning Notice Recipient must have the amount of time specified in the Warning Notice, or such longer period of time as the Registrar may agree with the Warning Notice Recipient, to make representations to the Registrar in respect of the Warning Notice. (4) The Registrar must consider relevant materials, documentation or information relating to the matter, and consider the representations made by the Warning Notice Recipient within the permitted time (if any), and must, within two (2) months starting on the date on which the period for making representations under Section 29(3) ends, take one or more of the following actions:
(a) abandon all proposed actions set out in the Warning Notice, in which case the Registrar will notify the Warning Notice Recipient of that fact in writing as soon as practicable; (b) issue a subsequent Warning Notice, proposing different or further action(s); or (c) take one or more actions specified in the Warning Notice by issuing a Decision Notice. (5) If the Registrar has not taken any of the actions set out in section 29(4) within the prescribed period, the Registrar will be deemed to have abandoned all proposed actions set out in the Warning Notice.
30. Decision Notices
(1) If the Registrar decides to take an action set out in a Warning Notice, the Registrar must provide a decision notice (a “Decision Notice”) to the Warning Notice Recipient (the “Decision Notice Recipient”). (2) A Decision Notice must:
(a) be in writing;
(b) state the decision(s) taken by the Registrar; (c) give the reasons for the decision(s); (d) if applicable, state any conditions the Decision Notice Recipient must comply with in order to reverse the Registrar’s decision; and (e) state any right for the Decision Notice Recipient to refer a Decision Notice to the ADGM Courts under section 32.
31. The Registrar’s procedures
(1) Without prejudice to the generality of section 22, the Registrar must comply with the following principles in relation to the issuance of Warning Notices and Decision Notices under this Part 8. (a) a decision to issue a Warning Notice or a Decision Notice must be taken only by:
i. a person not directly involved in establishing the evidence on which the decision is based;
or
ii. two (2) or more persons who include a majority of persons not directly involved in
establishing the evidence on which the decision is based; and (b) the procedural formalities and protections afforded to a Warning Notice Recipient or Decision Notice Recipient must be commensurate with the gravity or seriousness of the proposed action. (2) The ADGM Courts may take into account any failure of the Registrar in complying with these requirements in considering a matter referred to them under section 32.

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32. Right to refer a Decision Notice to the ADGM Courts
(1) A Decision Notice Recipient may, within one (1) month of receipt of the Decision Notice, refer such Decision Notice to the ADGM Courts, which will review the matter in accordance with their own procedures. (2) A Decision Notice that has been referred to the ADGM Courts continues in effect until the matter has been resolved by the ADGM Courts, unless the ADGM Courts determine otherwise.
33. Access to materials
(1) Subject to sections 33(2) and 33(4), if the Registrar notifies a Warning Notice Recipient that it intends to suspend or cancel the Warning Notice Recipient’s registration on the Off-Plan Developer Register or the Off-Plan Project’s registration on the Off-Plan Project Register in accordance with Part 8 of these Regulations, the Registrar must:
(a) allow the Warning Notice Recipient access to the material on which the Registrar relied upon in taking the decision which gave rise to the obligation to give the Warning Notice; and (b) allow the Warning Notice Recipient access to any other material which was considered or obtained by the Registrar in connection with determining and reaching its decision. (2) The Registrar may refuse the Warning Notice Recipient access to any material which it would otherwise have to allow the Warning Notice Recipient access to if, in the Registrar’s opinion (in its discretion), allowing the Warning Notice Recipient access to such material would:
(a) not be in the public interest;
(b) breach confidentiality requirements; or
(c) not be fair to the Warning Notice Recipient, having regard to:
i. the likely significance of the material to the Warning Notice Recipient in relation to the
matter giving rise to the Warning Notice; and
ii. the potential prejudice to the commercial interests of a person other than the Warning
Notice Recipient which would be caused by the disclosure of the material.
(3) If the Registrar refuses a Warning Notice Recipient to access material under section 33(2), the Registrar must give the Warning Notice Recipient written notice of:
(a) the refusal; and
(b) the reasons for it.
(4) The Registrar may refuse a Warning Notice Recipient access to any material on the basis that it consists of a Protected Item in accordance with section 34, in which case, the Registrar must give the Warning Notice Recipient written notice of:
(a) the existence of the Protected Item; and
(b) the Registrar’s decision not to allow the Warning Notice Recipient access to the material.
34. Protected Items
(1) A person may not be required under this Part 8 to produce, disclose or permit the inspection of any Protected Item.

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(2) “Protected Item” means:
(a) communications between a professional legal adviser and their client or any person representing their client which are made:
i. in connection with the giving of legal advice by a professional legal adviser to a client; or
ii. in connection with, or in contemplation of, legal proceedings and for the purpose of those
proceedings;
(b) any items which are enclosed with, or referred to in, any communications that fall within section 34(2)(a); (3) A communication or item is not a Protected Item if it is held with the intention of furthering a criminal purpose or in contravention of this section 34.
35. Publication
(1) A Warning Notice, including the existence and content thereof, must not be published by the Registrar, a Warning Notice Recipient, a Decision Notice Recipient or any other person. (2) The Registrar may publish, in such manner as it considers appropriate, a Decision Notice, part of a Decision Notice, or such information about the matter to which a Decision Notice relates as it considers appropriate, taking into account the fairness of such publication, the effect of such publication on the Decision Notice Recipient, the interests of third parties in the Abu Dhabi Global Market or the interests of the Abu Dhabi Global Market as a whole. (3) Except with the prior written consent of the Registrar or to the extent that the Registrar has already published such information, a Decision Notice Recipient may not publish a Decision Notice, part of a Decision Notice or information about the matter to which a Decision Notice relates. (4) Notwithstanding section 35(1) and section 35(3), a Warning Notice Recipient or Decision Notice Recipient may disclose a Warning Notice or Decision Notice (as applicable), including the existence and content thereof, to its professional advisors.
36. Censure statements
(1) A censure statement must describe, in such detail as the Registrar may determine, the nature of the act and may include such guidance as to any remedial action that the Developer should consider taking to avoid any repetition of such act or any other contravention taking place, as the Registrar may see fit to specify. (2) A public censure statement must be published in such manner as the Registrar determines and a copy of the censure statement must be sent by the Registrar to the Developer.
37. Suspension
(1) The Registrar may suspend either or both of the Developer’s registration on the Off-Plan Developer Register and/or the Off-Plan Project’s registration on the Off-Plan Project Register, in the event that:
(a) the Developer has failed to comply with any conditions imposed by the Registrar in respect to its registration on the Off-Plan Developer Register or the Off-Plan Project’s registration on the Off-Plan Project Register; (b) the Developer violates any provisions of these Regulations, any Code of Conduct or any other applicable regulations, rules or laws;

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(c) the Developer has failed to renew its License before its expiry or it has been suspended by the Abu Dhabi Global Market Registration Authority; (d) the Developer has failed to provide the Registrar with any information and/or documentation requested by the Registrar or otherwise required to be provided by these Regulations; and/or (e) the Registrar, in its discretion, considers that the Management Team’s lack of required expertise or good standing is likely to have an adverse material impact on the delivery and/or completion of the Off-Plan Project. (2) Prior to suspending either or both of the Developer’s registration on the Off-Plan Developer Register and/or the registration of the Off-Plan Project on the Off-Plan Project Register in accordance with
section 37(1), the Registrar shall notify the Developer in writing of such proposed action and take the
steps set out in Part 8 of these Regulations.
(3) Notwithstanding section 37(2), the Registrar may, without first issuing a Warning Notice to the Developer, immediately suspend either or both of the Developer’s registration on the Off-Plan Developer Register and/or the registration of the Off-Plan Project on the Off-Plan Project Register where the Registrar deems it necessary for the purpose of safeguarding public interest by directly issuing a Decision Notice to the Developer and in such circumstances:
(a) the Developer may make representations to the Registrar in respect of the suspension; and (b) the Registrar shall, within fifteen (15) days of receipt of the Developer’s representations, consider such representations and take one of the following actions:
i. reverse the suspension and reinstate the Developer’s registration on the Off-Plan
Developer Register and/or the registration of the Off-Plan Project on the Off-Plan Project Register and notify the Developer of the same; or
ii. issue a subsequent notice to the Developer confirming the Registrar’s decision to uphold
the suspension, setting out the conditions which the Developer must comply with in order to reinstate its registration on the Off-Plan Developer Register and/or the registration of the Off-Plan Project on the Off-Plan Project Register. (4) Where the Registrar suspends the Developer’s registration on the Off-Plan Developer Register and/or the registration of the Off-Plan Project on the Off-Plan Project Register in accordance with section 37(1) or section 37(3)(b)(ii), such suspension shall continue until:
(a) such conditions as may have been imposed on the Developer by the Registrar in the Decision Notice have been met to the Registrar’s satisfaction; or (b) the Registrar cancels the Developer’s registration on the Off-Plan Developer Register and/or the registration of the Off-Plan Project on the Off-Plan Project Register in accordance with section 38. (5) If the Developer’s registration on the Off-Plan Developer Register and/or the registration of the Off-Plan Project on the Off-Plan Project Register is suspended by the Registrar in accordance with section 37(1) or section 37(3)(b)(ii), the Developer shall be required to:
(a) satisfy any conditions specified by the Registrar in the Decision Notice, to the satisfaction of the Registrar, in order to reverse the suspension; and (b) for the duration of the suspension:
i. not undertake any Marketing or Off-Plan Sales; and

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ii. continue to procure that any and all Sale Proceeds and Debt and Equity Financing are
deposited directly into the Project Account.
(6) If a Developer fails to comply with section 37(5)(a), the Registrar may:
(a) give further directions to the Developer;
(b) reinstate the Developer’s registration and/or the registration of the Off-Plan Project on the Off￾Plan Project Register with the imposition of further conditions and/or fines; or (c) cancel the Developer’s registration on the Off-Plan Developer Register and/or the registration of the Off-Plan Project on the Off-Plan Project Register.
38. Cancellation
(1) The Registrar may cancel either or both of the Developer’s registration on the Off-Plan Developer Register and the registration of the Off-Plan Project on the Off-Plan Project Register if:
(a) the Developer fails, to commence the development of the Off-Plan Project, achieve any construction milestones and/or Building Completion substantially in accordance with the construction programme lodged with the Registrar, subject to such delays as are outside the reasonable control of the Developer or such other delays as the Registrar determines reasonable; (b) the Developer is no longer the developer of record of any Off-Plan Project registered on the Off￾Plan Project Register; (c) the Developer is subject to any insolvency proceedings in the Abu Dhabi Global Market or elsewhere; (d) the Developer’s License is revoked or cancelled; (e) the Developer’s registration on the Off-Plan Developer Register and/or the registration of the Off-Plan Project on the Off-Plan Project Register is suspended in accordance with section 37 and the Developer has not undertaken the necessary steps within the required timeframes (as set out in the Decision Notice), as determined by the Registrar in accordance with section 37(6)(c), in order to reverse the suspension; (f) the Developer has failed to deposit any Sale Proceeds into the corresponding Project Account in contravention of these Regulations; (g) the Developer has embezzled, misappropriated or dissipated any Sales Proceeds; and/or (h) the Developer has offered to sell fictious Off-Plan Projects. (2) Prior to cancelling either or both of the Developer’s registration on the Off-Plan Developer Register and/or the registration of the Off-Plan Project on the Off-Plan Project Register in accordance with
section 38(1), the Registrar shall notify the Developer in writing of such proposed action and take the
steps set out in Part 8 of these Regulations.
(3) A Developer may apply to the Registrar, in the form required by the Registrar from time to time, to cancel its registration from the Off-Plan Developer Register and in such case the Registrar retains the sole discretion to determine such application made by a Developer. (4) Notwithstanding section 38(2), the Registrar may, without first issuing a Warning Notice to the Developer, immediately cancel either or both of the Developer’s registration on the Off-Plan Developer Register and the registration of the Off-Plan Project on the Off-Plan Project Register where the Registrar

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(a) the Developer may make representations to the Registrar in respect of the cancellation; and (b) the Registrar shall, within fifteen (15) days of receipt of the Developer’s representations, consider such representations and take one of the following actions:
i. reverse the cancellation and reinstate the Developer’s registration on the Off-Plan
Developer Register and/or the registration of the Off-Plan Project on the Off-Plan Project Register and notify the Developer of the same; or
ii. issue a subsequent notice to the Developer confirming the Registrar’s decision to uphold
the cancellation, and if applicable, setting out the conditions which the Developer must comply with in order to reinstate its registration on the Off-Plan Developer Register and/or the registration of the Off-Plan Project on the Off-Plan Project Register. (5) Where the registration of an Off-Plan Project on the Off-Plan Project Register has been cancelled in accordance with section 38(1) or section 38(4)(b)(ii), the Registrar may:
(a) refer the matter to the ADGM Courts requesting the appointment of an insolvency practitioner, in accordance with the Insolvency Regulations 2022, who shall, acting reasonably and in accordance with any direction of the ADGM Courts:
i. seek to identify a viable replacement Developer to step in and complete the development
of the Off-Plan Project (where possible, subject to applicable law); or
ii. liquidate the Off-Plan Project including determine how the amounts deposited into the
Project Account (if any are remaining) and any other assets of or directly pertaining to the Off-Plan Project shall be administered and subsequently distributed to the relevant stakeholders; (b) sanction the Developer in accordance with sections 28(a) and/or 28(d); and/or (c) impose any additional conditions and take such other steps as the Registrar deems necessary to protect public interest. (6) The Registrar shall not be required to mediate or determine any dispute arising from or ancillary to the cancellation of an Off-Plan Project, nor shall it be required to give instructions or directions as to how the amounts deposited in the Project Account should be disbursed to the relevant stakeholders following the cancellation of an Off-Plan Project. (7) If the Developer’s registration on the Off-Plan Developer Register is cancelled by the Registrar other than in accordance with section 38(3) (provided such deregistration of the Developer under section 38(3) is not as a result of the Developer’s breach of these Regulations), the Developer may not re-apply for registration on the Off-Plan Developer Register before the lapse of twelve (12) months from the date its registration is cancelled. (8) If the Registrar suspends or cancels the Developer’s registration on the Off-Plan Developer Register or the registration of the Off-Plan Project on the Off-Plan Project Register, the Registrar shall:
(a) update the Off-Plan Developer Register and/or the Off-Plan Project Register (as is applicable) to reflect the suspension or cancellation of the Developer and/or the Off-Plan Project; and (b) publish a notice on the Abu Dhabi Global Market’s website or elsewhere confirming the suspension and/or cancellation of the Developer and/or the Off-Plan Project.

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39. Fines
(1) A person that contravenes sections 5, 7, and 11, and/or commits any of the acts listed in section 38(1)(f) to (h), commits a contravention of these Regulations and shall be liable to a fine of not less than USD 27,000 and not more than USD 545,000. (2) A person who contravenes section 35(1) or section 35(3) is liable to a fine not exceeding Level 3 on the Abu Dhabi Global Market’s standard fines scale. (3) A person that contravenes any other sections of these Regulations commits a contravention of these Regulations and shall be liable to a fine up to level 8 on the Abu Dhabi Global Market standard fines scale. (4) The contravention by a person of any of the sections of these Regulations continues until such time as the contravention of the obligation(s) in any of these sections is rectified by such person. (5) Each contravention of an obligation stipulated by any section will be considered an individual offence and it will attract a separate fine.
PART 9 – GENERAL
40. Defined terms
In these Regulations, unless the context indicates otherwise:
“Abu Dhabi Global Market” means the financial free zone situated on Al Maryah Island and Al Reem Island, and further bounded as described in Cabinet of Ministers Resolution No. (4) of 2013, as amended by Cabinet Resolution No. (41) of 2023 and as the same may be further adjusted or modified in accordance with applicable law; “Abu Dhabi Global Market Registration Authority” means the registration authority of the Abu Dhabi Global Market; “Account Bank” has the meaning ascribed to it in the Off-Plan Development Regulations (Project Account) Rules 2024; “ADGM Courts” has the meaning given to the term in the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015; "Administrative Services” means any administrative service ancillary to the services provided or procured by Developers, including without limitation, the issuance of no-objection certificates and the preparation and amendment of contracts; “Approved Account Bank” means an Account Bank that is registered on the Register of Account Banks in accordance with the Off-Plan Development Regulations (Project Account) Rules 2024; “building” means a permanent structure affixed to land intended for supporting or sheltering occupancy and generally suitable for commercial, retail or residential use; “Building Completion” means, in accordance with the requirements of the Relevant Authority, the substantial completion of a real property and the issuance of all required permits and approvals by the Relevant Authorities permitting permanent occupation of such real property; “Code of Conduct” means any code of conduct or other rules and guidance in respect of off-plan development issued by the Registrar and as may be amended from time to time;

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“Common Area Lots” has the meaning ascribed to it in the Strata Title Regulations 2015; “Debt and Equity Financing” means monies received by the Developer by either borrowing from a bank, financial institution or other person or provided by the shareholders of the Developer; “Developer” means a person who engages in or procures the development of an Off-Plan Project; “development” means carrying out or procuring the construction of real property (regardless of its proposed use) and for which Building Completion has not been reached; “Disclosure Statement” means the disclosure statement in the form set out in section 19; “document” means paper or other material (including electronic material) containing writing, words, figures, drawings or symbols; “electronic” means of or relating to technical having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities; “future interest” means any interest in real property that becomes effective at a future date as permitted under the Real Property Regulations 2015; “handover date” means the date upon which the Off-Plan Purchaser becomes the registered owner and is granted access to the real property acquired under the Off-Plan Sales Agreement; “insolvency practitioner” has the meaning given to the term in the Insolvency Regulations 2022; “insolvency proceedings” has the meaning given to the term in the Insolvency Regulations 2022; “License” means a license issued by the Abu Dhabi Global Market Registration Authority permitting a Developer to undertake development activities; “Major Change” means any change which would materially adversely affect the Off-Plan Purchaser if they were required to take handover of a real property following Building Completion which may include:
(a) a decrease or increase in the actual gross sellable area of the real property of more than ten percent (10%) as against the estimated gross sellable area set out in the Off-Plan Sales Agreement; (b) a material change in the layout, design or finishes of the real property or the equipment, fixtures and fittings therein as against the Off-Plan Sales Agreement; or (c) a major change in the Disclosure Statement including a major change in the common areas; “Management Team” means the directors and senior employees of the Developer responsible for the management, supervision or control of the Developer’s activities or any Off-Plan Project as may be specified as such by the Registrar; “Marketing” means any written, electronic or printed communication or any communication transmitted on radio, television, the internet, outdoor, or similar communications media, including pictures and videos, published, disseminated, circulated or placed before the public for the purpose of creating an interest in and promoting Off-Plan Projects; “Master Community Declaration” means the master community declaration issued by the master developer, as may be amended, supplemented and replaced from time to time; “Off-Plan Developer Register” means the register of Developers established pursuant to these Regulations;

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“Off-Plan Project” means the development of real property in the Abu Dhabi Global Market which has been or will be disposed of in whole or in part by way of Off-Plan Sales; “Off-Plan Project Register” means the register of Off-Plan Projects established pursuant to these Regulations; “Off-Plan Purchaser” means the purchaser in an Off-Plan Sale; “Off-Plan Sale” means the sale of a future interest in real property (including, without limitation, leasehold, strata and freehold), where the building, unit or other permanent physical structure which shall make up the real property has not yet been developed or is under development, pursuant to an Off-Plan Sales Agreement; “Off-Plan Sales Agreement” means the Reservation Agreement to be entered into by a Developer and an Off-Plan Purchaser to record an Off-Plan Sale in an Off-Plan Project; “Off-Plan Sales Register” means the register established pursuant to the Off-Plan Sales Register Regulations 2022; “person” means a natural person, body corporate or body unincorporated, a partnership, incorporated or unincorporated or other legal form not having separate legal personality; “Project Account” means the project account established in respect of an Off-Plan Project and managed in accordance with the Off-Plan Development Regulations (Project Account) Rules 2024; “real property” means, in accordance with the Real Property Regulations 2015, as amended from time to time, (i) land, buildings, and items located or placed in, on or under the soil with the intention that they should remain in position permanently or indefinitely, and (ii) and any interests therein; “Real Property Register” means the register for real property established pursuant to the Real Property Regulations 2015; “registered owner” has the meaning given to the term in the Real Property Regulations 2015; “Relevant Authority” means any authority within the UAE (with jurisdiction in the Emirate of Abu Dhabi), the Emirate of Abu Dhabi or the Abu Dhabi Global Market charged with the duty of implementing policies of Abu Dhabi whose subject matters falls within its authority. Relevant Authority includes, without limitation, the Registrar and any other authorities established under the ADGM Founding Law, and also the Abu Dhabi Department of Municipal Affairs and any other governmental or quasi-governmental agencies or instrumentalities to which the Abu Dhabi Global Market may from time to time delegate rulemaking, adjudicatory or approval authority within the Abu Dhabi Global Market; “Reservation Agreement” means a Reservation Agreement as defined in the Off-Plan Sales Register Regulations 2022, as amended from time to time; “Sale Proceeds” means the sums paid by or on behalf of Off-Plan Purchasers in respect of an Off-Plan Project; “shared area(s)” means (i) with respect to any Off-Plan Project which is subject to a strata plan, the Common Area Lots, and (ii) with respect to any Off-Plan Project which is subject to a contractual common ownership
scheme, any common areas over which the Off-Plan Purchasers in such Off-Plan Project shall have shared benefit and for which the Off-Plan Purchasers shall be required to contribute to the maintenance, repair, replacement and renewal of following Building Completion; and “Surveyor” has the meaning ascribed to it in the Brokers and Surveyors Regulations 2024.

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41. Short Title, extent and commencement
(1) These Regulations may be citied as the Off-Plan Development Regulations 2024. (2) These Regulations apply in the Abu Dhabi Global Market. (3) Without prejudice to sections 26 and 27, these Regulations come into force on the date of their publication.

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OFF-PLAN AND REAL PROPERTY PROFESSIONALS REGULATIONS 2024

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CONTENTS
SECTION PAGE
PART 1 – THE REAL PROPERTY PROFESSIONALS REGISTERS……………………………….. 4

1. The registers……………………………………………………………………………………… 4
2. Contents of the registers………………………………………………………………………… 4
3. Maintenance, publication and inspection of the Real Property Professionals Registers….. 5
4. Registration Criteria……………………………………………………………………………… 5
5. Application for registration……………………………………………………………………… 6
6. Licenses and other approvals…………………………………………………………………... 7
7. Relation with the Registrar………………………………………………………………………. 8
8. Notification of changes and events…………………………………………………………….. 8
   PART 2 – BROKERS………………………………………………………………………………………. 9
9. Provision of Brokerage Services……………………………………………………………….. 9
10. Brokerage Agreement………………………………………………………………………….. 10
11. Sales Proceeds under Off-Plan Projects……………………………………………………... 11
12. Broker’s fees……………………………………………………………………………………. 11
13. Records………………………………………………………………………………………….. 12
    PART 3 – SURVEYORS…………………………………………………………………………………… 12
14. Provision of Surveyor Services………………………………………………………………... 12
    PART 4 – ENGINEERING AUDITORS ………………………………………………………………….. 13
15. Provision of Engineering Auditor Services…………………………………………………… 13
16. Records………………………………………………………………………………………….. 13
    PART 5 – VALUERS……………………………………………………………………………………….. 13
17. Provision of Valuer Services…………………………………………………………………... 13
18. Records………………………………………………………………………………………….. 14
    PART 6 – PROPERTY MANAGERS……………………………………………………………………... 14
19. Provision of Property Management Services………………………………………………… 14
20. Property Management Agreement……………………………………………………………. 15
21. No interest in real property…………………………………………………………………….. 16
    PART 7 – PROPERTY INSPECTORS…………………………………………………………………… 16
22. Provision of Property Inspection Services……………………………………………………. 16
    PART 8 – ASSOCIATION MANAGERS…………………………………………………………………. 17
23. Provision of Association Management Services…………………………………………….. 17
    PART 9 – POWERS OF THE REGISTRAR……………………………………………………………… 17
24. Powers of the Registrar………………………………………………………………………… 17
25. Registrar’s power to request further information and documents………………………….. 17
26. Registrar’s power to waive any conditions or requirements under these Regulations…… 17
27. Registrar’s powers in respect of training requirements……………………………………… 18

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28. The Registrar may state a case……………………………………………………………….. 18
PART 10 – TRANSITION PERIOD……………………………………………………………………….. 18
29. Real Property Professionals…………………………………………………………………… 18
30. Brokers…………………………………………………………………………………………... 18
31. Further extensions of time……………………………………………………………………... 18
PART 11 – CONTRAVENTIONS…………………………………………………………………………. 18
32. Sanctions………………………………………………………………………………………... 18
33. Warning Notices………………………………………………………………………………… 19
34. Decision Notices………………………………………………………………………………... 19
35. The Registrar’s procedures……………………………………………………………………. 20
36. Right to refer a Decision Notice to the ADGM Courts……………………………………….. 20
37. Access to materials…………………………………………………………………………….. 20
38. Protected Items…………………………………………………………………………………. 21
39. Publication………………………………………………………………………………………. 21
40. Censure statements……………………………………………………………………………. 22
41. Prohibition orders………………………………………………………………………………. 22
42. Enforceable undertakings……………………………………………………………………… 22
43. Fines……………………...……………………………………………………………………… 22
44. Referral to the authorities…………….………………………………………………………... 23
PART 12 – GENERAL……………………………………………………………………………………... 23
45. Defined terms…………………………………………………………………………………… 23
46. Short title, extent and commencement……………………………………………………….. 26

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OFF-PLAN AND REAL PROPERTY PROFESSIONALS REGULATIONS 2024 Regulations to govern association managers, brokers, surveyors, engineering auditors, valuers, property managers and property inspectors in the Abu Dhabi Global Market, and to make provisions for matters relating thereto. The Board of Directors of the Abu Dhabi Global Market, in exercise of its powers under Article 6(1) of Law No. 4 of 2013 concerning the Abu Dhabi Global Market issued by His Highness the Ruler of the Emirate of Abu Dhabi, hereby enacts the following Regulations:
Date of publication: [•] 2024
PART 1 – THE REAL PROPERTY PROFESSIONALS REGISTERS

1. The registers
   The Registrar shall maintain the following registers in accordance with these Regulations:
   (a) the Register of Brokers;
   (b) the Register of Surveyors;
   (c) the Register of Engineering Auditors;
   (d) the Register of Valuers;
   (e) the Register of Property Managers;
   (f) the Register of Property Inspectors; and
   (g) the Register of Association Managers.
2. Contents of the registers
   The Real Property Professionals Registers shall be in such form as the Registrar may determine appropriate, including in electronic form, and shall contain in respect of each Real Property Professional the following:
   (a) if the Real Property Professional is a natural person, the Real Property Professional’s name and website address (if applicable); (b) if the Real Property Professional is a body corporate, its legal form, registered number, license number and address; (c) the Real Property Professional’s address to which notices may be served in the UAE; (d) the Real Property Professional’s contact information; (e) if applicable, the name and address of any authority or body outside of the Abu Dhabi Global Market responsible for regulating the Real Property Professional; (f) details of any professional indemnity insurance and security bond that the Real Property Professional has in place or is required by the Registrar; and

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(g) details of each of the Real Property Professional’s employees providing Licensed Services in respect of Off-Plan Projects and real property in the Abu Dhabi Global Market.
3. Maintenance, publication and inspection of the Real Property Professionals Registers
(1) The Registrar shall publish a list of Real Property Professionals that are registered on the Real Property Professionals Registers, including such details and information as the Registrar may deem necessary for the purposes of transparency and in line with best practice. (2) The Registrar must promptly update the Real Property Professionals Registers to reflect:
(a) any change in the information set out in section 2 as notified by a Real Property Professional to the Registrar; (b) any suspension or cancellation of the registration of a Real Property Professional or its employees under these Regulations; and (c) such other matters as the Registrar may determine to be appropriate for entry on any of the Real Property Professionals Registers. (3) A Real Property Professional registered on any of the Real Property Professionals Registers shall:
(a) co-operate with the Registrar for the purpose of ensuring that the Registrar receives and holds the information required by these Regulations in respect of Real Property Professionals; (b) send to the Registrar (in the form prescribed by the Registrar from time to time) for entry on the applicable Real Property Professionals Register any changes to the information referred to in
section 3(2); and
(c) take reasonable care to ensure that the information provided to the Registrar under these Regulations is accurate and correct and that, in the case of information required to be provided by a Real Property Professional in this section 3, such information is sent to the Registrar as soon as reasonably practicable after a Real Property Professional becomes aware of the relevant change.
4. Registration criteria
(1) In order to be registered on the applicable Real Property Professionals Register, a Real Property Professional shall be required to satisfy the Registrar that it meets any minimum registration criteria determined by the Registrar which shall include the following:
(a) the Real Property Professional holds a valid License in accordance with the requirements of these Regulations; (b) the Real Property Professional holds the necessary professional registrations and qualifications relating to the provisions of the applicable Licensed Service in the Emirate of Abu Dhabi, as may be required by the Registrar from time to time; (c) the Real Property Professional has the necessary resources, experience and technical expertise required to provide the applicable Licensed Service in respect of Off-Plan Projects and/or real property in the UAE (as applicable); (d) the Real Property Professional has subsisting professional indemnity insurance covering all types of civil liability arising in connection with the provision of the applicable Licensed Service under these Regulations in an amount commensurate with the services being provided by the Real Property Professional or in line with any stated minimum insurance amount that may be specified by the Registrar from time to time; and

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(e) the Real Property Professional has complied with any other requirement specified by the Registrar from time to time. (2) The Registrar shall be entitled to waive any of the registration criteria where it feels that it is appropriate to do so and that such waiver will not unduly negatively impact the provision of Licensed Services in the Abu Dhabi Global Market.
5. Application for registration
(1) In order to be registered on the applicable Real Property Professionals Register, a Real Property Professional shall:
(a) submit an application to the Registrar in such form as the Registrar may specify, which will include the following:
i. in respect of body corporates, a copy of the Real Property Professional’s constitutional
documents, which may include articles of association and a certificate of incumbency;
ii. in respect of natural persons, a copy the Real Property Professional’s identification
documents;
iii. evidence demonstrating that the Real Property Professional satisfies the applicable
registration criteria required by the Registrar in accordance with section 4; and
iv. such other documents and/or information as the Registrar in its discretion may require;
(b) pay such fees in connection with the Real Property Professional’s application as set out in the Off-Plan and Real Property Professionals Regulations (Fees) Rules 2024, as may be amended from time to time. (2) Brokers and Valuers are also required to register all employees providing Licensed Services in the Abu Dhabi Global Market on the relevant Real Property Professionals Register by:
(a) submitting an application to the Registrar, in such form as the Registrar may specify, which will include the following:
i. the employee’s name and contact details;
ii. the employee’s curriculum vitae detailing the employee’s relevant experience in the
provision of the applicable Licensed Service in respect of the preceding five (5) year period;
iii. copies of the employee’s professional registrations and educational degrees, diplomas
and/or certificates relevant to the provision of the applicable Licensed Service; and
iv. such other documents and/or information as the Registrar in its discretion may require;
(b) pay such fees in connection with the Real Property Professional’s application as set out in the Off-Plan and Real Property Professionals Regulations (Fees) Rules 2024, as may be amended from time to time. (3) Following the Registrar’s review of an application for the registration of a Real Property Professional or its employees on the applicable Real Property Professionals Register, the Registrar may:
(a) require the Real Property Professional to provide information on how it intends to ensure compliance with these Regulations and/or any other applicable regulations, laws and rules relevant to the provision of Licensed Services in the Abu Dhabi Global Market;

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(b) require the Real Property Professional to revise or update its application for registration on the applicable Real Property Professionals Register; (c) approve the application and register the Real Property Professional and/or its employees on the relevant register with or without conditions; or (d) reject the application, providing its reasons in writing for rejecting the application. (4) The Registrar may decline to register a Real Property Professional or its employees on the relevant register if:
(a) the Real Property Professional fails to provide the documents and information required by the Registrar or to meet the Registrar’s minimum registration criteria in accordance with section 4; (b) the Registrar deems it necessary in order to safeguard public interest; and/or (c) the Real Property Professional fails to pay the registration fees under sections 5(1)(b) or 5(2)(b) above (as applicable).
6. Licenses and other approvals
(1) A Real Property Professional shall be required to maintain its registration on the relevant Real Property Professionals Register until such date that it is no longer required to provide Licensed Services to a person under the terms of an Agreement for Licensed Services or is otherwise removed by the Registrar from the relevant register in accordance with these Regulations. (2) Brokers and Valuers must also maintain the registration of each employee providing Licensed Services in the Abu Dhabi Global Market on the relevant Real Property Professionals Register until such date that the employee is no longer providing Licensed Services in the Abu Dhabi Global Market. (3) For as long as:
(a) a Real Property Professional is required to be registered on the relevant Real Property Professionals Register in accordance with section 6(1), the Real Property Professional must, prior to each anniversary of its registration on the relevant Real Property Professionals Register, pay to the Registrar the renewal of registration fee set out in the Off-Plan and Real Property Professionals Regulations (Fees) Rules 2024; and (b) the employees of Brokers and Valuers are required to be registered on the relevant Real Property Professionals Register in accordance with section 6(2), the Real Property Professional must, prior to each anniversary of the registration of each of its employees on the relevant Real Property Professionals Register, pay to the Registrar the renewal of registration fee set out in the Off-Plan and Real Property Professionals Regulations (Fees) Rules 2024. (4) The registration of a Real Property Professional and of its employees on the relevant Real Property Professionals Register in accordance with these Regulations shall not exempt a Real Property Professional or its employees from the obligation to obtain and maintain any other licenses, permits and/or approvals required by the applicable licensing, government and/or regulatory authority of the Emirate of Abu Dhabi regulating Real Property Professionals in order for a Real Property Professional and its employees to lawfully be able to provide Licensed Services in the Emirate of Abu Dhabi. (5) Brokers, Surveyors, Engineering Auditors, Valuers and Property Inspectors providing Licensed Services in the Abu Dhabi Global Market shall not be considered to be carrying on economic activities in the Abu Dhabi Global Market and shall not be required to obtain an Abu Dhabi Global Market license, provided that such Real Property Professionals:

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(a) do not provide the Licensed Services from a permanent establishment maintained in the Abu Dhabi Global Market; and (b) maintain a license issued by the relevant licensing authority of the Emirate of Abu Dhabi permitting the Real Property Professional to undertake the Licensed Services. (6) Property Managers and Association Managers providing Licensed Services in the Abu Dhabi Global Market will be considered to be carrying on economic activities in the Abu Dhabi Global Market and are required to obtain an Abu Dhabi Global Market license regardless of whether they maintain a permanent establishment in the Abu Dhabi Global Market and have a license issued by a licensing authority in the Emirate of Abu Dhabi.
7. Relation with the Registrar
(1) A Real Property Professional must:
(a) communicate with the Registrar in the English language; (b) co-operate with any investigations or enquiries undertaken by any government and/or regulatory authority of the UAE, and provide such information and confirmation as may be requested by the Registrar for any of the purposes of these Regulations; (c) ensure that all information provided by, or on behalf of, the Real Property Professional is not false, misleading or deceptive; (d) not conceal any information where the concealment of such information is likely to mislead or deceive the Registrar; and (e) not misrepresent its registered status under these Regulations, expressly or by implication. (2) A Real Property Professional registered on any of the Real Property Professionals Registers shall provide the Registrar with such information as the Registrar may require for the exercise of the Registrar’s functions under these Regulations.
8. Notification of changes and events
(1) A Real Property Professional registered on any of the Real Property Professionals Registers shall notify the Registrar in writing:
(a) immediately if it becomes aware:
i. that the Real Property Professional no longer satisfies the Registrar’s minimum
registration criteria;
ii. the Real Property Professional has failed to comply with:
I. the requirements of any code of conduct issued by, or specified as mandatory by,
the Registrar;
II. these Regulations; or
III. any regulations, rules or laws applicable in the Abu Dhabi Global Market;
iii. of a claim made against the Real Property Professional relating to the provision of
Licensed Services by or with any government and/or regulatory body of any Emirate of the UAE in any court or before any arbitral tribunal;

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iv. that the Real Property Professional’s License or professional registration or qualification
has been revoked, or any application to renew the same is rejected or becomes subject to any new conditions;
v. that a government or other regulatory body exercising powers and performing functions
related to the regulation of Real Property Professionals (including outside the UAE) has started an investigation into, or has appointed inspectors to investigate, the Real Property Professional’s conduct or affairs; and/or
vi. of the imposition of disciplinary measures or sanctions on any of the Real Property
Professional’s directors, managers and senior employees by a government or other regulatory body exercising powers and performing functions related to the regulation of Real Property Professionals (including outside of the UAE); (b) as soon as reasonably practicable where a Real Property Professional becomes aware that the information contained on the relevant register is no longer accurate or correct and in such case the Real Property Professional shall provide the Registrar, as soon as reasonably practicable, with all necessary documents and/or information in order to update the relevant register.
PART 2 – BROKERS
9. Provision of Brokerage Services
(1) A Broker may not provide Brokerage Services in respect of an Off-Plan Project or real property in the Abu Dhabi Global Market until and unless:
(a) the Broker has a valid License;
(b) the Broker is registered on the Register of Brokers; (c) each of the Broker’s employees providing Brokerage Services in the Abu Dhabi Global Market is registered on the Register of Brokers; (d) the Broker has entered into a Brokerage Agreement; and (e) in respect of an Off-Plan Project:
i. the Broker has submitted to the Registrar a copy of the duly executed and dated
Brokerage Agreement (which the Broker must submit to the Registrar within fifteen (15) days of executing the Brokerage Agreement);
ii. the Broker has paid such fees in connection with the Registrar’s review and, if applicable,
the registration of the Brokerage Agreement as set out in the Off-Plan and Real Property Professionals Regulations (Fees) Rules 2024, as may be amended from time to time; and
iii. the Registrar has reviewed and approved, with or without conditions, the Brokerage
Agreement and registered it on the Off-Plan Project Register in connection with the Off￾Plan Project. (2) Where a Developer appoints more than one Broker to provide Brokerage Services in respect of an Off￾Plan Project, the Developer and each Broker shall enter into a Brokerage Agreement and each Brokerage Agreement shall be submitted to the Registrar for registration in accordance with section 9(1)(e). (3) A Broker may not represent more than one party in a Conveyance of real property or an Off-Plan Sale unless:

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(a) each person intending to be represented by the Broker:
i. is represented by a different employee of the Broker; and
ii. is notified of and has consented in writing to the Broker representing more than one party
in the Conveyance of real property or the Off-Plan Sale; (b) the employees of the Broker take all necessary steps and implement all necessary measures to independently represent each party. (4) Where a Broker is negotiating on behalf of a client in respect of a Conveyance of real property or an Off-Plan Sale, the Broker shall:
(a) negotiate in accordance with and shall not exceed the written instructions of the client; and (b) keep the client informed and regularly updated of the status of the negotiations. (5) When providing Brokerage Services, a Broker shall:
(a) at all times act with due skill, care and expertise and in compliance with these Regulations, any code of conduct issued by the Registrar from time to time in respect of Brokers and any other applicable regulations, laws, rules and codes of conduct; and (b) supervise its employees that are providing Brokerage Services in respect of Off-Plan Projects and real property in the Abu Dhabi Global Market and remain responsible and liable for any acts and/or omissions occasioned by such employees if they are in breach of these Regulations, any code of conduct issued by the Registrar from time to time in respect of Brokers, and any other applicable regulations, laws, rules and codes of conduct. (6) A Broker shall hold on trust any title deeds or other documents given to it by any of the parties to a Conveyance of real property or an Off-Plan Sale and shall deliver any such documents received from the parties in accordance with the instructions of the parties and these Regulations. (7) In the event that:
(a) a Developer instructs a Broker to provide Brokerage Services in respect of an Off-Plan Project in the Abu Dhabi Global Market and such Broker is not registered on the Register of Brokers in accordance with these Regulations, each of the Developer and the Broker shall have committed a contravention of these Regulations and shall be liable to a fine of not less than USD 27,000 and not more than USD 545,000; and (b) a Broker provides Brokerage Services in respect of real property in the Abu Dhabi Global Market and such Broker is not registered on the Register of Brokers in accordance with these Regulations, the Broker shall have committed a contravention of these Regulations and shall be liable to a fine of not less than USD 27,000 and not more than USD 545,000.
10. Brokerage Agreement
(1) The Brokerage Agreement shall, at a minimum, include the following:
(a) details of:
i. in respect of real property, the proposed Conveyance and the real property involved; or
ii. in respect of Off-Plan Sales, the Off-Plan Project and future interests in real property that
are to be sold off-plan;

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(b) the fees payable to the Broker for the provision of Brokerage Services; (c) the extent and scope of the Brokerage Services to be provided; (d) in respect of Off-Plan Sales:
i. a restriction on the Broker from receiving any payment for its fees deriving from the
provision of Brokerage Services until the Developer and the Off-Plan Purchaser have executed an Off-Plan Sales Agreement; and
ii. the name and details of the Account Bank and the Project Account of the Off-Plan Project;
(e) any other terms the Registrar deems necessary or appropriate.
(2) Nothing in section 10(1) restricts the Registrar’s ability and discretion to:
(a) introduce further mandatory provisions that must be incorporated in the Brokerage Agreement; (b) issue a mandatory standard form Brokerage Agreement; and (c) review and approve, with or without conditions, Brokerage Agreements entered into between Developers and Brokers in respect of Off-Plan Projects.
11. Sale Proceeds under Off-Plan Projects
(1) A Broker must not hold itself out as being able to receive or accept any Sale Proceeds from Off-Plan Purchasers, their lenders or otherwise. (2) Notwithstanding section 11(1), if a Broker receives Sale Proceeds from an Off-Plan Purchaser, the Broker shall:
(a) as soon as practicably possible, deposit all Sale Proceeds it received from the Off-Plan Purchaser directly into the Project Account of the Off-Plan Project; or (b) if the Broker is unable to deposit the Sale Proceeds into the Project Account for reasons outside of its control, the Broker shall as soon as practicably possible return the Sale Proceeds to the Off-Plan Purchaser, without making any deductions, including in respect of the Broker’s fees for the provision of Brokerage Services. (3) Within three (3) days of receiving Sale Proceeds from an Off-Plan Purchaser, the Broker shall notify the Registrar in the form required by the Registrar from time to time of how the Broker satisfied its obligations under section 11(2) and provide any further information, documents or data requested by the Registrar. (4) A Broker that fails to comply with section 11(1) commits a contravention of these Regulations and shall be liable to a fine of not less than USD 27,000 and not more than USD 545,000.
12. Broker’s fees
A Broker shall not be entitled to any fees if the Broker provided Brokerage Services within the Abu Dhabi Global Market after the date these Regulations are published without:
(a) holding a valid License;

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(b) being registered on the Register of Brokers or after its registration on the Register of Brokers is suspended or cancelled without first being reinstated; and/or (c) each of its employees that are providing Brokerage Services in the Abu Dhabi Global Market being registered on the Register of Brokers or after any of their registration is suspended or cancelled without first being reinstated.
13. Records
(1) A Broker shall:
(a) have systems in place and keep appropriate records of the Brokerage Services provided in respect of real property and Off-Plan Projects; (b) notify the Registrar in the form prescribed by the Registrar from time to time of each Off-Plan Sale it has brokered; and (c) keep written records of all Sale Proceeds deposited into the Project Account by Off-Plan Purchasers, their lenders or otherwise, in connection with all Off-Plan Sales it has brokered. (2) The Registrar may, from time to time, require the Broker to provide the Registrar with copies of the records maintained by the Broker in respect of Off-Plan Sales and such other information, data and/or documents to verify the accuracy of such records and to certify the Broker’s compliance with these Regulations.
PART 3 – SURVEYORS
14. Provision of Surveyor Services
(1) A Surveyor may not provide Surveyor Services in respect of real property or an Off-Plan Project in the Abu Dhabi Global Market until and unless the Surveyor:
(a) has a valid License;
(b) is registered on the Register of Surveyors; and (c) has entered into a Surveyor Agreement. (2) When providing Surveyor Services, the Surveyor shall:
(a) at all times act with due skill, care and expertise and in compliance with these Regulations, any code of conduct and standards issued by, or otherwise specified as mandatory by, the Registrar from time to time in respect of Surveyors, and any other applicable regulations, laws and rules; (b) supervise its employees that are providing Surveyor Services in the Abu Dhabi Global Market and remain responsible and liable for any acts and/or omissions occasioned by such employees if they are in breach of these Regulations, any code of conduct issued by the Registrar from time to time in respect of Surveyors, and any other applicable regulations, laws, rules and codes of conduct; and (c) prepare all plans and drawings relating to real property in accordance with the format prescribed by the Registrar from time to time. (3) A Surveyor that falsely reports or provides misleading information to the Registrar pertaining to Surveyor Services, commits a contravention of these Regulations and shall be liable to a fine of not less than USD 27,000 and not more than USD 545,000.

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PART 4 – ENGINEERING AUDITORS
15. Provision of Engineering Auditor Services
(1) An Engineering Auditor may not provide Engineering Auditor Services in respect of a real property or an Off-Plan Project in the Abu Dhabi Global Market until and unless the Engineering Auditor:
(a) has a valid License;
(b) is registered on the Register of Engineering Auditors; and (c) has entered into an Engineering Auditor Agreement. (2) When providing Engineering Auditor Services, the Engineering Auditor shall at all times:
(a) act with due skill, care and expertise and in compliance with these Regulations, any code of conduct and standards issued by, or otherwise specified as mandatory by, the Registrar from time to time in respect of Engineering Auditors, and any other applicable regulations, laws, rules, codes of conduct and standards; (b) supervise its employees that are providing Engineering Auditor Services in the Abu Dhabi Global Market and remain responsible and liable for any acts and/or omissions occasioned by such employees if they are in breach of these Regulations, any code of conduct issued by the Registrar from time to time in respect of Engineering Auditors, and any other applicable regulations, laws, rules and codes of conduct; and (c) act with integrity, objectivity and honesty, so to ensure that the Engineering Auditor Services are provided without any third-party influence or direction, including that of a Developer. (3) In respect of Off-Plan Projects, an Engineering Auditor shall ensure that it prepares any Milestone Payment Certificates in accordance with the Off-Plan Development Regulations (Project Account) Rules 2024 and the format prescribed by the Registrar from time to time. (4) An Engineering Auditor that falsely reports or provides misleading information to the Registrar pertaining to the construction progress of an Off-Plan Project, whether as part of a Milestone Payment Certificate or otherwise, commits a contravention of these Regulations and shall be liable to a fine of not less than USD 27,000 and not more than USD 545,000.
16. Records
(1) An Engineering Auditor shall have systems in place and keep appropriate records of the Engineering Auditor Services provided in respect of real property and Off-Plan Projects. (2) The Registrar may, from time to time, require the Engineering Auditor to provide the Registrar with copies of the records maintained by the Engineering Auditor, including the Engineering Auditor Agreement, and such other information, data and/or documents to verify the accuracy of such records and to certify the Engineering Auditor’s compliance with these Regulations.
PART 5 – VALUERS
17. Provision of Valuer Services
(1) A Valuer may not provide Valuer Services in respect of a real property or an Off-Plan Project in the Abu Dhabi Global Market until and unless the Valuer:
(a) has a valid License;

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(b) is registered on the Register of Valuers;
(c) each of the Valuer’s employees providing Valuer Services in the Abu Dhabi Global Market are registered on the Register of Valuers; and (d) has entered into a Valuer Agreement. (2) When providing Valuer Services, the Valuer shall at all times:
(a) act with due skill, care and expertise and in compliance with these Regulations, any code of conduct and standards issued by, or otherwise specified as mandatory by, the Registrar from time to time in respect of Valuers, and any other applicable regulations, laws and rules; and (b) supervise its employees that are providing Valuer Services in the Abu Dhabi Global Market and remain responsible and liable for any acts and/or omissions occasioned by such employees if they are in breach of these Regulations, any code of conduct issued by the Registrar from time to time in respect of Valuers, and any other applicable regulations, laws, rules and codes of conduct. (3) A Valuer that falsely reports or provides misleading information to the Registrar pertaining to Valuer Services, commits a contravention of these Regulations and shall be liable to a fine of not less than USD 27,000 and not more than USD 545,000.
18. Records
(1) A Valuer shall have systems in place and keep appropriate records of the Valuer Services provided in respect of real property and Off-Plan Projects. (2) The Registrar may, from time to time, require the Valuer to provide the Registrar with copies of the records maintained by the Valuer, including the Valuer Agreement, and such other information, data and/or documents to verify the accuracy of such records and to certify the Valuer’s compliance with these Regulations.
PART 6 – PROPERTY MANAGERS
19. Provision of Property Management Services
(1) A Property Manager may not provide Property Management Services on behalf of a registered owner of real property in the Abu Dhabi Global Market until and unless the Property Manager:
(a) has a valid license issued by the Abu Dhabi Global Market; (b) is registered on the Register of Property Managers; and (c) has entered into a Property Management Agreement with the registered owner of the real property. (2) Where a Property Manager is providing Property Management Services in respect of a registered owner’s real property to a third party, the Property Manager shall:
(a) act in accordance with and shall not exceed the written instructions of the registered owner (including the Property Management Agreement); (b) not hold itself out, directly or indirectly, as the registered owner of the real property being managed by the Property Manager pursuant to the Property Management Agreement;

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(c) not enter into any instrument seeking to Convey the real property being managed by the Property Manager on behalf and in the name of the registered owner, unless duly authorised to do so; (d) hold on trust any title deeds or other documents given to it by any of the parties of a Conveyance of the real property and deliver any such documents in accordance with the instructions of the parties and these Regulations; and (e) keep the registered owner informed and updated of the Property Manager’s dealing with the registered owner’s real property. (3) When providing Property Management Services, the Property Manager shall, at all times:
(a) act with due skill, care and expertise and in compliance with these Regulations, any code of conduct issued by the Registrar from time to time in respect of Property Managers and any other applicable regulations, laws, rules and codes of conduct; and (b) supervise its employees that are providing Property Management Services in the Abu Dhabi Global Market and remain responsible and liable for any acts and/or omissions occasioned by such employees if they are in breach of these Regulations, any code of conduct issued by the Registrar from time to time in respect of Property Managers, and any other applicable regulations, laws, rules and codes of conduct. (4) A Property Manager providing Administrative Services shall only be entitled to charge the beneficiary of the Administrative Service a fee reflective of and commensurate to the reasonable and fair cost for providing or procuring such service, which charge may not, in any event, exceed AED 5,000 (or such other amount as may be determined from time to time by the Registrar) per real property. Such fee shall be charged one time only, upon receipt of the Administrative Services, and may not be a renewing or recurring fee unless further Administrative Services are provided by the Property Manager. (5) In the event that:
(a) a Property Manager provides Property Management Services in respect of real property in the Abu Dhabi Global Market and such Property Manager is not registered on the Register of Property Managers in accordance with these Regulations, the Property Manager shall have committed a contravention of these Regulations and shall be liable to a fine of not less than USD 27,000 and not more than USD 545,000; and (b) a registered owner instructs a Property Manager to provide Property Management Services in respect of real property in the Abu Dhabi Global Market and such Property Manager is not registered on the Register of Property Managers in accordance with these Regulations, the registered owner shall have committed a contravention of these Regulations and shall be liable to a fine of not less than USD 27,000 and not more than USD 545,000.
20. Property Management Agreement
(1) The Property Management Agreement shall, at a minimum, include the following:
(a) details of the real property to be leased to a third party by the Property Manager; (b) the fees payable to the Property Manager for the provision of the Property Management Services; (c) the extent and scope of the Property Management Services to be provided by the Property Manager;

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(d) the agreed term of the Property Management Agreement during which time the Property Manager shall provide the Property Management Services; and (e) any other terms the Registrar may require. (2) Nothing in section 20(1) restricts the Registrar’s ability and discretion to:
(a) introduce further mandatory provisions that must be incorporated in the Property Management Agreement; and (b) issue a mandatory standard form Property Management Agreement. (3) The Registrar may, in its discretion, require the registration of the Property Management Agreement:
(a) in the real property register in the folio of the relevant real property to which the Property Management Agreement relates by the registered owner of the real property; and/or (b) on the Register of Property Managers.
21. No interest in real property
The entry into a Property Management Agreement between the Property Manager and the registered owner, and the registration of the Property Manager on the Register of Property Managers shall not be deemed to Convey any interest in the real property to the Property Manager.
PART 7 – PROPERTY INSPECTORS
22. Provision of Property Inspection Services
(1) A Property Inspector may not provide Property Inspection Services in respect of a real property in the Abu Dhabi Global Market until and unless the Property Inspector:
(a) has a valid License;
(b) is registered on the Register of Property Inspectors; and (c) has entered into a Property Inspection Agreement. (2) When providing Property Inspection Services, the Property Inspector shall at all times:
(a) act with due skill, care and expertise and in compliance with these Regulations, any code of conduct and standards issued by, or otherwise specified as mandatory by, the Registrar from time to time in respect of Property Inspectors, and any other applicable regulations, laws and rules; and (b) supervise its employees that are providing Property Inspection Services in the Abu Dhabi Global Market and remain responsible and liable for any acts and/or omissions occasioned by such employees if they are in breach of these Regulations, any code of conduct issued by the Registrar from time to time in respect of Property Inspectors, and any other applicable regulations, laws, rules and codes of conduct. (3) A Property Inspector that falsely reports or provides misleading information to the Registrar pertaining to Property Inspection Services, commits a contravention of these Regulations and shall be liable to a fine of not less than USD 27,000 and not more than USD 545,000.

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PART 8 – ASSOCIATION MANAGERS
23. Provision of Association Management Services
(1) An Association Manager may not provide Association Management Services in respect of a real property in the Abu Dhabi Global Market until and unless the Association Manager:
(a) has a valid license issued by the Abu Dhabi Global Market; (b) is registered on the Register of Association Managers; and (c) has entered into an Association Management Agreement. (2) When providing Association Management Services, the Association Manager shall at all times (a) act with due skill, care and expertise and in compliance with these Regulations, the Strata Title Regulations 2015 (as may be amended or replaced from time to time), any code of conduct and standards issued by, or otherwise specified as mandatory by, the Registrar from time to time in respect of Association Managers, and any other applicable regulations, laws and rules; and (b) supervise its employees that are providing Association Management Services in the Abu Dhabi Global Market and remain responsible and liable for any acts and/or omissions occasioned by such employees if they are in breach of these Regulations, any code of conduct issued by the Registrar from time to time in respect of Association Managers, and any other applicable regulations, laws, rules and codes of conduct. (3) An Association Manager providing Administrative Services shall only be entitled to charge the beneficiary of the Administrative Service a fee reflective of and commensurate to the reasonable and fair cost for providing or procuring such service, which charge may not, in any event, exceed AED 5,000 (or such other amount as may be determined from time to time by the Registrar) per real property. Such fee shall be charged one time only, upon receipt of the Administrative Services, and may not be a renewing or recurring fee unless further Administrative Services are provided by the Association Manager. (4) An Association Manager that falsely reports or provides misleading information to the Registrar under these Regulations, commits a contravention of these Regulations and shall be liable to a fine of not less than USD 27,000 and not more than USD 545,000.
PART 9 - POWERS OF THE REGISTRAR
24. Powers of the Registrar
The Registrar will exercise its powers and discharge its responsibilities as set out in these Regulations in each case in accordance with the established principles of natural justice, ensuring that its actions are fair and transparent.
25. Registrar’s power to request further information and documents
Nothing in these Regulations restricts the Registrar’s ability and discretion to request further documentation and/or information deemed necessary by the Registrar to carry out its functions under these Regulations.
26. Registrar’s power to waive any conditions or requirements under these Regulations
Nothing in these Regulations restricts the Registrar's ability and discretion to modify or waive any requirement under these Regulations, including without limitation, the requirement of any person to file

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27. Registrar’s powers in respect of training requirements
The Registrar may, from time to time, require the personnel of Real Property Professionals and any other relevant persons to attend training courses relating to the provision of Licensed Services.
28. The Registrar may state a case
(1) Whenever a question arises concerning the performance of the Registrar’s duties or the exercise of the Registrar’s functions, the Registrar may state a case for the opinion of the ADGM Courts. (2) The ADGM Courts’ decision binds the Registrar and any other parties to the case.
PART 10 – TRANSITION PERIOD
29. Real Property Professionals
Any Real Property Professional providing Licensed Services as at the date of publication of these Regulations in respect of real property or Off-Plan Projects located on:
(a) Al Maryah Island shall take all necessary steps and submit all required applications and documents to the Registrar to be registered on the Real Property Professionals Register (as is applicable based on the services being provided) and comply with all other sections of these Regulations within thirty (30) days of the date of publication of these Regulations; and (b) Al Reem Island shall take all necessary steps and submit all required applications and documents to the Registrar to be registered on the Real Property Professionals Register (as is applicable based on the services being provided) and comply with all other sections of these Regulations by no later than 1 January 2025.
30. Brokers
Notwithstanding section 12(b), a Broker that is not yet registered on the Register of Brokers on the date these Regulations are published shall remain entitled to and may receive fees it is owed in respect of any Brokerage Services it has provided in the Abu Dhabi Global Market prior to the date these Regulations are published and such receipt of fees shall not be deemed a breach of these Regulations.
31. Further extensions of time
Section 29 shall not restrict the Registrar’s ability to grant further extensions of time to Real Property
Professionals who are providing Licensed Services in respect of real property or Off-Plan Projects in the Abu Dhabi Global Market.
PART 11 – CONTRAVENTIONS
32. Sanctions
(1) If the Registrar considers that a person has contravened or has not complied with these Regulations, the Registrar may, subject to the notification procedures set out below, take any or all of the following courses of action:
(a) issue a private or public censure in relation to such contravention;

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(b) issue a prohibition order;
(c) enter into an enforceable undertaking;
(d) in respect of a Real Property Professional, suspend or cancel its registration, or the registration of the employees of Brokers and Valuers providing Licensed Services in the Abu Dhabi Global Market, on the applicable Real Property Professionals Register; and/or (e) impose a financial penalty.
33. Warning Notices
(1) Prior to the Registrar imposing any sanction pursuant to its powers under section 32, it must provide a warning notice (a “Warning Notice”) to the person upon whom it intends to impose such sanction (the “Warning Notice Recipient”). (2) A Warning Notice must:
(a) be in writing;
(b) state the action(s) which the Registrar proposes to take; (c) give reasons for the proposed action(s); and (d) specify a reasonable period (which may not be less than fourteen (14) days) within which the Warning Notice Recipient may make representations to the Registrar. (3) Following the receipt of a Warning Notice, the Warning Notice Recipient must have the amount of time specified in the Warning Notice, or such longer period of time as the Registrar may agree with the Warning Notice Recipient, to make representations to the Registrar in respect of the Warning Notice. (4) The Registrar must consider relevant materials, documentation or information relating to the matter, and consider the representations made by the Warning Notice Recipient within the permitted time (if any), and must, within two (2) months starting on the date on which the period for making representations under Section 33(3) ends, take one or more of the following actions:
(a) abandon all proposed actions set out in the Warning Notice, in which case the Registrar will notify the Warning Notice Recipient of that fact in writing as soon as practicable; (b) issue a subsequent Warning Notice, proposing different or further action(s); or (c) take one or more actions specified in the Warning Notice by issuing a Decision Notice. (5) If the Registrar has not taken any of the actions set out in section 33(4) within the prescribed period, the Registrar will be deemed to have abandoned all proposed actions set out in the Warning Notice.
34. Decision Notices
(1) If the Registrar decides to take an action set out in a Warning Notice, the Registrar must provide a decision notice (a “Decision Notice”) to the Warning Notice Recipient (the “Decision Notice Recipient”). (2) A Decision Notice must:
(a) be in writing;
(b) state the decision(s) taken by the Registrar;

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(c) give the reasons for the decision(s);
(d) if applicable, state any conditions the Decision Notice Recipient must comply with in order to reverse the Registrar’s decision; and (e) state any right for the Decision Notice Recipient to refer a Decision Notice to the ADGM Courts under section 36.
35. The Registrar’s procedures
(1) Without prejudice to the generality of section 24, the Registrar must comply with the following principles in relation to the issuance of Warning Notices and Decision Notices under this Part 11. (a) a decision to issue a Warning Notice or a Decision Notice must be taken only by:
i. a person not directly involved in establishing the evidence on which the decision is based;
or
ii. two (2) or more persons who include a majority of persons not directly involved in
establishing the evidence on which the decision is based; and (b) the procedural formalities and protections afforded to a Warning Notice Recipient or Decision Notice Recipient must be commensurate with the gravity or seriousness of the proposed action. (2) The ADGM Courts may take into account any failure of the Registrar in complying with these requirements in considering a matter referred to them under section 36.
36. Right to refer a Decision Notice to the ADGM Courts
(1) A Decision Notice Recipient may, within one (1) month of receipt of the Decision Notice, refer such Decision Notice to the ADGM Courts, which will review the matter in accordance with their own procedures. (2) A Decision Notice that has been referred to the ADGM Courts continues in effect until the matter has been resolved by the ADGM Courts, unless the ADGM Courts determine otherwise.
37. Access to materials
(1) Subject to sections 37(2) and 37(4), if the Registrar notifies a Warning Notice Recipient that it intends to suspend or cancel its registration, or the registration of the employees of Brokers or Valuers providing Licensed Services in the Abu Dhabi Global Market, on the applicable Real Property Professionals Register in accordance with section 32(1)(d), the Registrar must:
(a) allow the Warning Notice Recipient access to the material on which the Registrar relied upon in taking the decision which gave rise to the obligation to give the Warning Notice; and (b) allow the Warning Notice Recipient access to any other material which was considered or obtained by the Registrar in connection with determining and reaching its decision. (2) The Registrar may refuse the Warning Notice Recipient access to any material which it would otherwise have to allow the Warning Notice Recipient access to if, in the Registrar’s opinion (in its discretion), allowing the Warning Notice Recipient access to such material would:
(a) not be in the public interest;
(b) breach confidentiality requirements; or

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(c) not be fair to the Warning Notice Recipient, having regard to:
i. the likely significance of the material to the Warning Notice Recipient in relation to the
matter giving rise to the Warning Notice; and
ii. the potential prejudice to the commercial interests of a person other than the Warning
Notice Recipient which would be caused by the disclosure of the material.
(3) If the Registrar refuses a Warning Notice Recipient to access material under section 37(2), the Registrar must give the Warning Notice Recipient written notice of:
(a) the refusal; and
(b) the reasons for it.
(4) The Registrar may refuse a Warning Notice Recipient access to any material on the basis that it consists of a Protected Item in accordance with section 38, in which case, the Registrar must give the Warning Notice Recipient written notice of:
(a) the existence of the Protected Item; and
(b) the Registrar’s decision not to allow the Warning Notice Recipient access to the material.
38. Protected Items
(1) A person may not be required under this Part 11 to produce, disclose or permit the inspection of any Protected Item. (2) “Protected Item” means:
(a) communications between a professional legal adviser and their client or any person representing their client which are made:
i. in connection with the giving of legal advice by a professional legal adviser to a client; or
ii. in connection with, or in contemplation of, legal proceedings and for the purpose of those
proceedings;
(b) any items which are enclosed with, or referred to in, any communications that fall within section 38(2)(a). (3) A communication or item is not a Protected Item if it is held with the intention of furthering a criminal purpose or in contravention of this section 38.
39. Publication
(1) A Warning Notice, including the existence and content thereof, must not be published by the Registrar, a Warning Notice Recipient, a Decision Notice Recipient or any other person. (2) The Registrar may publish, in such manner as it considers appropriate, a Decision Notice, part of a Decision Notice, or such information about the matter to which a Decision Notice relates as it considers appropriate, taking into account the fairness of such publication, the effect of such publication on the Decision Notice Recipient, the interests of third parties in the Abu Dhabi Global Market or the interests of the Abu Dhabi Global Market as a whole.

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(3) Except with the prior written consent of the Registrar or to the extent that the Registrar has already published such information, a Decision Notice Recipient may not publish a Decision Notice, part of a Decision Notice or information about the matter to which a Decision Notice relates. (4) Notwithstanding section 39(1) and section 39(3), a Warning Notice Recipient or Decision Notice Recipient may disclose a Warning Notice or Decision Notice (as applicable), including the existence and content thereof, to its professional advisors.
40. Censure statements
(1) A censure statement must describe, in such detail as the Registrar may determine, the nature of the contravention and may include such guidance as to any remedial action that the person should consider taking to avoid any repetition of such contravention or any other contravention taking place, as the Registrar may see fit to specify. (2) A public censure statement must be published in such manner as the Registrar determines and a copy of the censure statement must be sent by the Registrar to the person for whom it has been issued.
41. Prohibition orders
(1) The Registrar may issue an order prohibiting or restricting a Real Property Professional from providing or otherwise being involved in the provision of Licensed Services in the Abu Dhabi Global Market as may be specified in the order and subject to such conditions as may be specified in the order. (2) The Registrar may, if it considers it appropriate or desirable, publish details of any such order in such manner as the Registrar determines.
42. Enforceable undertakings
(1) If the Registrar considers that this would be an appropriate way in which to address any contravention of a relevant requirement or any other concern that it may have with respect to a person, the Registrar may accept a written undertaking from a person on such terms as may be agreed. (2) The Registrar may, if it considers it appropriate or desirable, publish details of any such undertaking in such manner as the Registrar determines. (3) If the Registrar considers that any person who has given such an undertaking has not complied with any of its terms, the Registrar may take such further action as it considers appropriate, including without limitation, imposing another sanction and taking any other action available to the Registrar under these Regulations and applying to the ADGM Courts for an order or other relief to enforce or provide a remedy in respect of any such non-compliance.
43. Fines
(1) Save for the contraventions otherwise expressly set out in these Regulations, a person that contravenes any other sections of these Regulations commits a contravention of these Regulations and shall be liable to a fine up to level 8 on the Abu Dhabi Global Market standard fines scale. (2) The contravention by a person of any of the sections of these Regulations continues until such time as the contravention of the obligation(s) in any of these sections is rectified by such person. (3) Each contravention of an obligation stipulated by any section will be considered an individual offence and it will attract a separate fine.

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44. Referral to the authorities
The Registrar may, if it considers appropriate or desirable, make a referral to the competent authority or body outside of the Abu Dhabi Global Market responsible for regulating the Real Property Professional, notifying it of the Real Property Professional’s contravention of a relevant requirement under these Regulations or any other applicable regulations, rules, laws, codes of conduct or directions of the Registrar.
PART 12 – GENERAL
45. Defined terms
In these Regulations, unless the context indicates otherwise:
“Abu Dhabi Global Market” means the financial free zone situated on Al Maryah Island and Al Reem Island, and further bounded as described in Cabinet of Ministers Resolution No. (4) of 2013, as amended by Cabinet Resolution No. (41) of 2023, and as the same may be further adjusted or modified in accordance with applicable law; “Account Bank” means a bank providing escrow account services to Off-Plan Projects; “ADGM Courts” has the meaning given to the term in the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015; "Administrative Services” means any administrative service ancillary to the provision of Association Management Services or Property Management Services (as is applicable), including without limitation, the review of applications for approval, the registration of documents, the renewal of leases, the activation and connection of utilities; “Agreement for Licensed Services” means an Association Management Agreement, a Brokerage Agreement, an Engineering Auditor Agreement, a Property Inspection Agreement, a Property Management Agreement, a Surveyor Agreement or a Valuer Agreement, as the context requires; “Association” has the meaning given to the term in the Strata Title Regulations 2015; “Association Management Agreement” means the agreement entered into between an Association Manager and an Association for the provision of Association Management Services; “Association Management Services” means the administration, management and/or control of the common property of a real property as delegated by the Association to the Association Manager under the terms of an Association Management Agreement; “Association Manager” means a body corporate providing Association Management Services; “Broker” means a person providing Brokerage Services; “Brokerage Agreement” means a contract, in the form set out in section 10, pursuant to which a Broker is instructed to provide Brokerage Services; “Brokerage Services” means the marketing, buying and selling of:
(a) future interests in an Off-Plan Project; or (b) real property;

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“Building Completion” means, in accordance with the requirements of the Relevant Authority, the substantial completion of a real property and the issuance of all required permits and approvals by the Relevant Authorities permitting occupation of such real property; “common property” has the meaning given to the term in the Strata Title Regulations 2015; “Construction Milestone” has the meaning given to the term in the Off-Plan Development Regulation (Project Account) Rules 2024; “Convey”, together with the correlative term “Conveyance” means, in accordance with the Real Property Regulations 2015, as amended from time to time, the creation, transfer, mortgage or assignment of an interest in real property as further described in Part 1, Chapter 2 of the Real Property Regulations 2015; “Developer” means a person who engages in or procures the development of an Off-Plan Project; “development” means carrying out or procuring the construction of real property (regardless of its proposed use) and for which Building Completion has not been reached; “document” means paper or other material (including electronic material) containing writing, words, figures, drawings or symbols; “electronic” means of or relating to technical having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities; “Engineering Auditor” means a person providing Engineering Auditor Services; “Engineering Auditor Agreement” means the agreement entered into between an Engineering Auditor and another person for the provision of Engineering Auditor Services; “Engineering Auditor Services” means:
(a) advising on development feasibility and costs; and/or (b) the review and audit of construction works, including advising on or verifying construction costs and the progress of an Off-Plan Project for the purpose of certifying Construction Milestones and issuing Milestone Payment Certificates; “future interest” means any interest in real property that becomes effective at a future date as permitted under the Real Property Regulations 2015; “License” means either:
(a) a license issued by the relevant licensing authority of the Emirate of Abu Dhabi permitting the Real Property Professional to undertake the applicable Licensed Service; or (b) an Abu Dhabi Global Market commercial license permitting the Real Property Professional to undertake the applicable Licensed Service; “Licensed Services” means Association Management Services, Brokerage Services, Engineering Auditor Services, Property Inspection Services, Property Management Services, Surveyor Services or Valuer Services, as the context requires; “Milestone Payment Certificate” has the meaning given to the term in the Off-Plan Development Regulation (Project Account) Rules 2024; “Off-Plan Project” means the development of real property in the Abu Dhabi Global Market which has been or will be disposed of in whole or in part by way of Off-Plan Sales;

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“Off-Plan Project Register” means the register of Off-Plan Projects established pursuant to the Off-Plan Development Regulations 2024; “Off-Plan Purchaser” means the purchaser in an Off-Plan Sale; “Off-Plan Sale” means the sale of a future interest in real property (including, without limitation, leasehold, strata and freehold), where the building, unit or other permanent physical structure which shall make up the real property has not yet been developed or is under development, pursuant to an Off-Plan Sales Agreement; “Off-Plan Sales Agreement” means the Reservation Agreement to be entered into by a Developer and an Off-Plan Purchaser to record an Off-Plan Sale in an Off-Plan Project; “person” means a natural person, body corporate or body unincorporated, a partnership, incorporated or unincorporated or other legal form not having separate legal personality; “Project Account” means the project account established in respect of an Off-Plan Project and managed in accordance with the Off-Plan Development Regulations (Project Account) Rules 2024; “Property Inspection Agreement” means the agreement entered into between a Property Inspector and another person for the provision of Property Inspection Services; “Property Inspection Services” means the assessment of the physical condition of a real property, including but not limited to its structural integrity, the electrical systems, plumbing, HVAC systems, roofing and insulation; “Property Inspector” means a person providing Property Inspection Services; “Property Management Agreement” means a contract pursuant to which a Property Manager is instructed to provide Property Management Services which shall be in compliance with section 20; “Property Management Services” means the leasing of real property for a period of less than twenty￾five (25) years on behalf of the registered owner of real property in accordance with the terms of the Property Management Agreement; “Property Manager” means a body corporate providing Property Management Services; “real property” means, in accordance with the Real Property Regulations 2015, as amended from time to time:
(a) land, buildings, and items located or placed in, on or under the soil with the intention that they should remain in position permanently or indefinitely; and (b) interest therein; “Real Property Professional” means an Association Manager, Broker, Engineering Auditor, Property Inspector, Property Manager, Surveyor or Valuer, as the context requires; “Real Property Professionals Registers” means the Register of Association Managers, the Register of Brokers, the Register of Engineering Auditors, the Register of Property Inspectors, the Register of Property Managers, the Register of Surveyors and the Register of Valuers, as the context requires; “Relevant Authority” means any authority within the UAE (with jurisdiction in the Emirate of Abu Dhabi), the Emirate of Abu Dhabi or the Abu Dhabi Global Market charged with the duty of implementing policies of Abu Dhabi whose subject matters falls within its authority. Relevant Authority includes, without limitation, the Registrar and any other authorities established under the ADGM Founding Law, and also the Abu Dhabi Department of Municipal Affairs and any other governmental or quasi-governmental

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(a) the determination of boundaries, net internal area and the production of plans and maps; and (b) the survey of the physical condition of real property and physical structures therein; “Valuer” means a person providing Valuer Services; “Valuer Agreement” means the agreement entered into between a Valuer and another person for the provision of Valuer Services; and “Valuer Services” means undertaking and providing an assessment of the value of real property or Off￾Plan Projects (and interests therein).
46. Short title, extent and commencement
(1) These Regulations may be cited as the Off-Plan and Real Property Professionals Regulations 2024. (2) These Regulations apply in the Abu Dhabi Global Market. (3) Without prejudice to sections 29 and 30, these Regulations come into force on the date of publication.

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OFF-PLAN DEVELOPMENT REGULATIONS (PROJECT ACCOUNT) RULES 2024

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CONTENTS
SECTION PAGE
PART 1 – OFF-PLAN SALES AND PHASED DEVELOPMENT……………………………………… 4

1. Requirement to establish Project Accounts…………………………………………………… 4
   PART 2 – REGISTER OF ACCOUNT BANKS………………………………………………………….. 4
2. Register of Account Banks……………………………………………………………………… 4
3. Contents of the Register of Account Banks……………………………………………………. 4
4. Maintenance, publication and inspection of the Register of Account Banks………………... 5
   PART 3 – ACCOUNT BANK………………………………………………………………………………. 5
5. Account Bank registration criteria………………………………………………………………. 5
6. Application for registration………………………………………………………………………. 6
7. Licenses and other approvals…………………………………………………………………... 6
8. Relation with the Registrar………………………………………………………………………. 7
9. Notification of changes and events…………………………………………………………….. 7
   PART 4 – PROJECT ACCOUNT AGREEMENT………………………………………………………... 8
10. Requirement to enter into a Project Account Agreement…………………………………… 8
11. The form of the Project Account Agreement…………………………………………………. 8
    PART 5 – MANAGING THE PROJECT ACCOUNT……………………………………………………. 8
12. Amounts deposited in the Project Account…………………………………………………… 8
13. Engineering Auditor…………………………………………………………………………….. 9
14. Use and disbursements of funds deposited into the Project Account……………………… 9
15. The retention amount…………………………………………………………………………... 10
16. The profits of the Off-Plan Project…………………………………………………………….. 11
17. Suspension or cancellation of the Developer’s registration on the Off-Plan Developer
    Register and/or of the Off-Plan Project on the Off-Plan Project Register……………………… 11
18. Charges, pledges and taking security over the Project Account…………………………… 12
19. Obligation to notify……………………………………………………………………………… 12
20. Project Account closure………………………………………………………………………... 12
    PART 6 – AUDIT OF THE PROJECT ACCOUNT………………………………………………………. 12
21. Quarterly and annual reports………………………………………………………………….. 12
    PART 7 – POWERS OF THE REGISTRAR……………………………………………………………… 13
22. Powers of the Registrar………………………………………………………………………… 13
23. Registrar’s power to request further information and documents…………………………. 13
24. Registrar’s power to waive any conditions or requirements under these Rules…………... 13
25. Registrar’s powers in respect of training requirements……………………………………… 13
26. The Registrar may state a case………………………………………………………………. 13
    PART 8 – TRANSITION PERIOD………………………………………………………………………… 14
27. Developers……………………………………………………………………………………… 14

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28. Account Banks………………………………………………………………………………….. 14
29. Further extensions of time……………………………………………………………………... 14
PART 9 – CONTRAVENTIONS…………………………………………………………………………... 14
30. Sanctions………………………………………………………………………………………... 14
31. Warning Notices………………………………………………………………………………… 15
32. Decision Notices………………………………………………………………………………... 16
33. The Registrar’s procedures……………………………………………………………………. 16
34. Right to refer a Decision Notice to the ADGM Courts……………………………………….. 16
35. Access to materials…………………………………………………………………………….. 16
36. Protected Items…………………………………………………………………………………. 17
37. Publication………………………………………………………………………………………. 18
38. Censure statements……………………………………………………………………………. 18
39. Prohibition orders………………………………………………………………………………. 18
40. Enforceable undertakings……………………………………………………………………… 18
41. Referral to the UAE Central Bank……………………………………………………………... 18
42. Fines……………………………………………………………………………………………... 19
PART 10 – GENERAL……………………………………………………………………………………... 19
43. Defined terms…………………………………………………………………………………… 19
44. Short Title, extent and commencement date………………………………………………… 21

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OFF-PLAN DEVELOPMENT REGULATIONS (PROJECT ACCOUNT) RULES 2024 Rules to govern the establishment and management of project accounts in respect of off-plan projects, and to make provisions for matters relating thereto. Date of publication: [•] 2024 The Board of Directors of the Abu Dhabi Global Market, in exercise of its powers under section 17(2) of the Off-Plan Development Regulations 2024, hereby enacts the following Rules:
PART 1 – OFF-PLAN SALES AND PHASED DEVELOPMENT

1. Requirement to establish Project Accounts
   (1) A Developer shall be required to establish a Project Account for each Off-Plan Project prior to undertaking Off-Plan Sales. (2) If the Off-Plan Project shall be developed and delivered in phases, the Registrar shall have the discretion to require the Developer to open a separate Project Account for each phase of the Off-Plan Project. (3) The Project Account may only be established with an Account Bank registered on the Register of Account Banks in accordance with these Rules.
   PART 2 – REGISTER OF ACCOUNT BANKS
2. Register of Account Banks
   The Registrar shall maintain a Register of Account Banks in accordance with these Rules.
3. Contents of the Register of Account Banks
   The Register of Account Banks shall be in such form as the Registrar may determine appropriate, including in electronic form and shall contain, in respect of each Account Bank:
   (a) the Account Bank’s name, legal form, registered number, Banking License number, address and website address; (b) the address to which notices in respect of the Account Bank may be served in the UAE; (c) the Account Bank’s contact information; (d) details of any security bond that the Account Bank has in place or is required by the Registrar; and (e) details of the Account Bank’s prior experience acting as an escrow agent for off-plan projects in the UAE.
4. Maintenance, publication and inspection of the Register of Account Banks
   (1) The Registrar shall publish a list of the Account Banks that are registered on the Register of Account Banks, including details of any Project Accounts which such Account Banks hold for any Off-Plan Projects and such other information as the Registrar may deem necessary for the purposes of transparency and in line with best practice.

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(2) The Registrar shall promptly update the Register of Account Banks to reflect:
(a) any change in the information set out in section 3 as notified by the Account Bank to the Registrar; (b) any suspension or cancellation of the registration of an Account Bank under these Rules; and (c) such other matters as the Registrar may determine to be appropriate for entry on the Register of Account Banks. (3) An Account Bank registered on the Register of Account Banks shall:
(a) co-operate with the Registrar for the purpose of ensuring that the Registrar receives and holds the information required by these Rules in respect of Account Banks; (b) send to the Registrar (in the form prescribed by the Registrar from time to time) for entry on the Register of Account Banks any changes to the information referred to in section 4(2); and (c) take reasonable care to ensure that the information provided by the Account Bank to the Registrar under these Rules is accurate and correct and that, in the case of information required to be provided by the Account Bank in this section 4, such information is sent to the Registrar as soon as reasonably practicable after the Account Bank becomes aware of the relevant change.
PART 3 – ACCOUNT BANK
5. Account Bank registration criteria
(1) An Account Bank must be able to demonstrate to the Registrar’s satisfaction that the Account Bank satisfies the minimum registration criteria determined by the Registrar which shall include but not be limited to:
(a) the Account Bank holding a valid Banking License; (b) the Account Bank having experience acting as an escrow agent for off-plan projects in the UAE; (c) the Account Bank having the necessary resources and expertise required to act as an Account Bank in respect of Off-Plan Projects; (d) the employees of the Account Bank entrusted with the management of Project Accounts being familiar with and understanding the requirements and obligations relating to the management of Project Accounts stipulated by these Rules and all other applicable regulations, rules and codes of conduct, issued from time to time and applicable in the Abu Dhabi Global Market in respect of Project Accounts; and (e) the Account Bank having complied with any other requirement specified by the Registrar from time to time. (2) The Registrar shall be entitled to waive any of the registration criteria where it feels it is appropriate to do so and such waiver will not unduly negatively impact the governance of Project Accounts in the Abu Dhabi Global Market.
6. Application for registration
(1) In order to be registered on the Register of Account Banks, an Account Bank shall:

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(a) submit an application to the Registrar in such form and with such information as the Registrar may specify, which will include the following:
i. a copy of the Account Bank’s constitutional documents, which may include articles of
association and a certificate of incumbency;
ii. evidence demonstrating that the Account Bank satisfies the applicable registration criteria
set out in section 5, as such registration criteria may be amended or supplemented by the Registrar; and
iii. such other documents and information the Registrar, in its discretion, may require;
(b) pay such fees in connection with the Account Bank’s application as set out in the Off-Plan Development Regulations (Fees) Rules 2024, as may be amended from time to time. (2) Following the Registrar’s review of the Account Bank’s application for registration on the Register of Account Banks, the Registrar may:
(a) require the Account Bank to revise or update its application for registration on the Register of Account Banks; (b) approve the Account Bank’s application and register the Account Bank on the Register of Account Banks with or without conditions; or (c) reject the Account Bank’s application, providing its reasons in writing for rejecting the Account Bank’s application. (3) The Registrar may decline to register an Account Bank on the Register of Account Banks if:
(a) the Account Bank fails to provide the documents and information requested by the Registrar or to meet the applicable registration criteria; (b) the Registrar deems it necessary in order to safeguard public interest; and/or (c) the Account Bank fails to pay the registration fee under section 6(1)(b) above. (4) An Account Bank shall be required to maintain its registration on the Register of Account Banks until such date that the Account Bank is no longer the account bank of record of an Off-Plan Project registered on the Off-Plan Project Register or is otherwise removed by the Registrar from the Register of Account Banks in accordance with these Rules.
7. Licenses and other approvals
(1) The Account Bank must, while it is acting as an Account Bank managing Project Accounts, maintain its Banking License and maintain and obtain any other applicable licenses, permits or approvals required by the UAE Central Bank and any other Relevant Authority regulating financial institutions and account banks in the UAE. (2) An Account Bank operating a Project Account shall not be considered to be carrying on economic activities in the Abu Dhabi Global Market and shall not be required to obtain an Abu Dhabi Global Market license provided that:
(a) the Account Bank does not provide escrow account services from a permanent establishment maintained by the Account Bank in the Abu Dhabi Global Market; and (b) the Account Bank maintains a Banking License issued by the UAE Central Bank.

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8. Relation with the Registrar
(1) Each Account Bank must:
(a) communicate with the Registrar in the English language; (b) co-operate with any investigations or enquiries undertaken by a Relevant Authority and provide such information and confirmation as may be requested by the Registrar for any of the purposes of these Rules; (c) ensure that all information provided by, or on behalf of, the Account Bank is not false, misleading or deceptive; (d) not conceal any information where the concealment of such information is likely to mislead or deceive the Registrar; and (e) not misrepresent its registered status under these Rules, expressly or by implication. (2) An Account Bank registered on the Register of Account Banks shall provide the Registrar with such information as the Registrar may, by notice in writing, require for the exercise of the Registrar’s functions under these Rules.
9. Notification of changes and events
(1) An Account Bank registered on the Register of Account Banks shall notify the Registrar in writing:
(a) immediately if the Account Bank becomes aware:
i. that the Account Bank no longer satisfies the Registrar’s minimum registration criteria for
Account Banks;
ii. that the Account Bank has failed to comply with the requirements of any code of conduct,
these Rules, any other rules or regulations made by the Registrar which are expressed to be applicable to Account Banks or any other laws applicable to it;
iii. of a claim made against the Account Bank relating to the Account Bank’s provision of
escrow account services;
iv. that its Banking License has been revoked, or any application to renew it is rejected or
such Banking License becomes subject to any new conditions;
v. that the UAE Central Bank or any Relevant Authority has started an investigation into, or
has appointed inspectors to investigate, the conduct or affairs of the Account Bank; and/or
vi. of the imposition of disciplinary measures or sanctions on any director, manager and
senior employee of the Account Bank by the UAE Central Bank or other regulatory body exercising powers and performing functions related to the regulation of Account Banks; (b) as soon as reasonably practicable where the Account Bank becomes aware that the information contained on the Register of Account Banks is no longer accurate or correct and in such case the Account Bank shall provide the Registrar, as soon as reasonably practicable, with all necessary documents and/or information in order to update the Register of Account Banks.
PART 4 – PROJECT ACCOUNT AGREEMENT
10. Requirement to enter into a Project Account Agreement

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A Developer shall be required to enter into a Project Account Agreement with an Account Bank registered on the Register of Account Banks in order to open a Project Account.
11. The form of the Project Account Agreement
(1) The Project Account Agreement shall, at a minimum, include the following:
(a) the Project Account’s details, including any applicable fees and charges; (b) an obligation stipulating that sums deposited into the Project Account may only be disbursed from the Project Account once the Registrar’s approval has been obtained in accordance with these Rules, unless otherwise directed by the ADGM Courts; (c) an acknowledgment from the Account Bank that the funds held in the Project Account are not the property of the Developer, are not available for the Developer’s creditors and cannot be subject to the Account Bank’s set off rights in relation to claims against the Developer; and (d) any other terms the Registrar deems necessary or appropriate. (2) Nothing in section 11(1) restricts the Registrar’s ability and discretion to:
(a) introduce further mandatory provisions that must be incorporated in Project Account Agreements; (b) issue a mandatory standard form Project Account Agreement; and (c) review and approve, with or without conditions, Project Account Agreements entered into between Developers and Account Banks.
PART 5 – MANAGING THE PROJECT ACCOUNT
12. Amounts deposited in the Project Account
(1) The Developer shall not be entitled to require any Off-Plan Purchaser to pay any Sale Proceeds prior to the opening of the Project Account. (2) The Developer shall provide the Account Bank with details of each Off-Plan Sale which are pertinent to the management of the Project Account upon or prior to the deposit of the Sale Proceeds relating to such Off-Plan Sale in the Project Account, which shall include:
(a) the name and contact details of the Off-Plan Purchaser; (b) the purchase price payable by the Off-Plan Purchaser; (c) if the purchase price is being funded by a lender, details of the lender and the proportion of the purchase price being funded by the lender; (d) the payment plan; and (e) any other relevant details of the Off-Plan Sale that the Account Bank may reasonably request or the Registrar may specify. (3) The Developer must procure that all Sale Proceeds and Debt and Equity Financing are deposited directly into the Project Account. (4) If any funds arising from any Debt and Equity Financing:

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(a) relate to:
i. any component of the Off-Plan Project which is to be retained by the Developer and is not
to be sold to Off-Plan Purchasers;
ii. any areas which are not to be deemed common areas but which are intended for use by
an Off-Plan Purchaser or which must be completed so that an Off-Plan Purchaser may have the benefit of its interest in the Off-Plan Project; or (b) amount to no more than twenty percent (20%) of the total Development Costs and are provided by Equity Financing, the Developer may apply to the Registrar for permission to exclude such funds from being deposited in the Project Account and the Registrar may grant such permission where it believes it is reasonable to do so and that such exclusion of funds from the Project Account will not negatively impact the progress and completion of the Off-Plan Project. (5) The Account Bank shall accept the deposit of Sale Proceeds or Debt and Equity Financing made by any lawful method approved by the UAE Central Bank and subject to all applicable anti-money laundering and know your client checks and procedures as are mandated by the UAE Central Bank and any other Relevant Authority when receiving funds as part of the provision of national retail banking services in the UAE. (6) The Account Bank shall assign a distinct reference number to each deposit made into the Project Account and shall maintain an electronic ledger for such Project Account in order that all deposits made by Off-Plan Purchasers and lenders are clearly identified and recorded.
13. Engineering Auditor
(1) The Developer shall be required to appoint an Engineering Auditor in respect of each Off-Plan Project. (2) The Engineering Auditor shall be responsible for the review and audit of the status of works undertaken on the Off-Plan Project and the associated Development Costs for the purpose of certifying the achievement of a Construction Milestone and issuing Milestone Payment Certificates.
14. Use and disbursement of funds deposited into the Project Account
(1) All amounts deposited into the Project Account shall first be used solely for the payment of Development Costs and the Developer may not use any amounts deposited into the Project Account to pay, in whole or in part, the land upon which the Off-Plan Project is to be constructed or any Marketing expenses. (2) The Account Bank shall, unless otherwise directed by an order of the ADGM Courts, only disburse amounts deposited into the Project Account in accordance with sections 14, 15 and 16. (3) No amount shall be disbursed from the Project Account unless:
(a) the Developer has:
i. completed not less than twenty percent (20%) of the development of the Off-Plan Project;
or
ii. where the Developer has not completed twenty percent (20%) or more of the development
of the Off-Plan Project, the Developer has provided the Registrar with a bank guarantee, obtained from a bank duly licensed by the UAE Central Bank to provide national retail banking services in the UAE, in a sum equivalent to the amount requested by the Developer to be disbursed from the Project Account; and

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(b) the Registrar has approved the release of funds from the Project Account. (4) If the Developer, acting reasonably, believes that the Off-Plan Project has achieved a Construction Milestone and wishes for funds to be disbursed from the Project Account in an amount proportionate to the Development Costs incurred by or on behalf of the Developer in respect of the corresponding Construction Milestone, the Developer shall request the Engineering Auditor to produce a Milestone Payment Certificate and provide the Engineering Auditor with such information as the Engineering Auditor shall require to properly issue the Milestone Payment Certificate. (5) Following a Milestone Payment Certificate request made by the Developer, the Engineering Auditor shall review the information provided by the Developer using due care and skill and if it is satisfied that a Construction Milestone has been achieved, the Engineering Auditor will produce the Milestone Payment Certificate. (6) Upon receipt of the Milestone Payment Certificate, the Developer shall submit an application to the Registrar for approval of the release of funds from the Project Account, in such form as the Registrar may specify and including the relevant Milestone Payment Certificate and any other documents and/or information requested by the Registrar. (7) Following the Registrar’s review of the Developer’s application for the release of funds from the Project Account, the Registrar may:
(a) require the Developer, the Engineering Auditor and/or the Account Bank to provide further documents and information; (b) approve the release of funds from the Project Account, with or without conditions; or (c) reject the Developer's application, providing its reasons in writing for rejecting the Developer's application. (8) The Account Bank shall promptly, following an application by the Developer, release from the Project Account the amounts set out in the approval of release of funds issued by the Registrar to such persons as the Registrar has directed. (9) The Registrar may issue guidance and rules from time to time with respect to the release of funds from the Project Account. (10) The Account Bank shall be entitled to seek clarifications from the Registrar where reasonably required with respect to the release of funds from the Project Account.
15. The retention amount
(1) An amount equivalent to five percent (5%) of the total Development Costs shall be retained in the Project Account as security for the Developer’s obligation to remedy and rectify all defective building works, materials, equipment and installations arising from or in connection with the construction of the Off-Plan Project and may only be disbursed:
(a) after the lapse of twelve (12) months from the date that Building Completion is achieved, provided that:
i. the Developer has applied to the Registrar for the release of all or some of the five percent
(5%) retention amount and has submitted to the Registrar a report prepared by the Engineering Auditor confirming that all or a commensurate part of the defective building works, materials, equipment and installations arising from or in connection with the construction of the Off-Plan Project have been remedied and rectified by the Developer; and

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ii. the Registrar has approved the Developer’s application in writing.
(b) prior to the lapse of twelve (12) months from the date that Building Completion is achieved, provided that:
i. the Developer has applied to the Registrar for the release of all or some of the five percent
(5%) retention amount and has submitted to the Registrar a bank guarantee, obtained from a bank duly licensed by the UAE Central Bank to provide national retail banking services in the UAE, in an amount equivalent to the funds to be withdrawn from the Project Account, which may not exceed five percent (5%) of the Development Costs; and
ii. the Registrar has approved the Developer’s application in writing.
(2) Notwithstanding a Developer making an application for the release of the retention amount in accordance with section 15(1), the Registrar may reject the Developer’s application in full or grant only a partial release of the retention amount from the Project Account where the Registrar believes that such construction defects have not been duly and properly rectified.
16. The profits of the Off-Plan Project
Subject to the Developer obtaining the Registrar’s prior written consent, the Developer may apply to withdraw the profits of the Off-Plan Project from the Project Account at any time after the Off-Plan Project has reached at least sixty percent (60%) completion, provided that the Developer can evidence to the Registrar that, following any approved withdrawal or series of approved withdrawals, the sums remaining in the Project Account are not less than the remaining outstanding Development Costs of the Off-Plan Project plus a sum equal to ten percent (10%) of the total Development Costs for the Off￾Plan Project.
17. Suspension or cancellation of the Developer’s registration on the Off-Plan Developer Register
and/or of the Off-Plan Project on the Off-Plan Project Register If the Registrar suspends or cancels the Developer’s registration on the Off-Plan Developer Register and/or the Off-Plan Project’s registration on the Off-Plan Project Register in accordance with the Off￾Plan Development Regulations 2024, the Registrar shall notify the Account Bank of such suspension or cancellation and the Account Bank shall:
(a) continue to manage the Project Account; or (b) freeze the Project Account, during which period no sums may be disbursed from the Project Account without the written permission of the Registrar, as directed by the Registrar or in compliance with an order of the ADGM Courts, whereby any order of the ADGM Courts shall take precedence over any directions of the Registrar.
18. Charges, pledges and taking security over the Project Account
A Developer may not charge, pledge or offer as security the Project Account of the Off-Plan Project in any manner whatsoever and any purported charge, pledge or security is void and of no effect.
19. Obligation to notify
The Account Bank must immediately notify the Registrar of any act, breach or default of these Rules and/or the Project Account Agreement that may prejudice the Project Account.
20. Project Account closure
A Developer may not without the prior written approval of the Registrar:

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(a) request the closure of a Project Account; or (b) transfer the management of the Project Account to a third party Account Bank.
PART 6 – AUDIT OF THE PROJECT ACCOUNT
21. Quarterly and annual reports
(1) For as long as the Off-Plan Project remains registered on the Off-Plan Project Register, the Account Bank shall:
(a) on the first day of March, June, September and December of each calendar year (or such other dates as the Registrar may specify by reasonable notice to the Account Bank), submit to the Registrar a report detailing the amounts deposited into and disbursed from the Project Account throughout the three (3) prior calendar months, prepared and stamped by an Auditor in accordance with:
i. the International Standards on Auditing (ISA),
ii. the International Financial Reporting Standards (IFRS);
iii. the ISAE 3000 (Revised), Assurance Engagements other than Audits or Reviews of
Historical Financial Information;
iv. the ISRS 4400, Engagement to Perform Agreed-upon Procedures Regarding Financial
Information; and
v. any other financial reporting and/or accounting standards required by the Registrar from
time to time in its sole discretion.
(b) within sixty (60) days of the end of each calendar year and at the cost of the Developer, submit to the Registrar audited accounts of the Project Account, prepared and stamped by an Auditor in accordance with the required standards and which shall detail as a minimum the following information:
i. reconciliation of the total Sale Proceeds paid by Off-Plan Purchasers in the prior calendar
year and the actual amounts deposited into the Project Account;
ii. details of the total Debt and Equity Financing obtained by the Developer;
iii. any variances or deficiencies in the amounts of the Sale Proceeds deposited into the
Project Account;
iv. verification that the amounts disbursed from the Project Account in the prior calendar year
were disbursed in compliance with the instructions of the Registrar in accordance with
section 14(7)(b);
v. details of any payment or deposit made in breach of these Rules and the Project Account
Agreement and of any steps taken by the Developer to rectify said breaches; and
vi. such other information required by the Registrar from time to time in its sole discretion.
(c) provide such other information, data and/or documents as the Registrar may request from time to time to verify the accuracy of the reports submitted by the Account Bank and to certify the Project Account’s compliance with these Rules and the Project Account Agreement.

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(2) Every person having, directly or indirectly, deposited funds into the Project Account may request and obtain details of that person’s deposits from the Account Bank, and the Account Bank shall promptly comply with any such request, without prejudice to any applicable rights and/or obligations under the Data Protection Regulations and any other applicable laws, regulations and/or rules. (3) An Auditor that falsely reports or provides misleading information to the Registrar in the reports and audited accounts prepared in accordance with section 21(1) or otherwise, commits a contravention of these Rules and shall be liable to a fine of not less than USD 27,000 and not more than USD 545,000.
PART 7 – POWERS OF THE REGISTRAR
22. Powers of the Registrar
The Registrar will exercise its powers and discharge its responsibilities as set out in these Rules in each case in accordance with the established principles of natural justice, ensuring that its actions are fair and transparent.
23. Registrar’s power to request further information and documents
Nothing in these Rules restricts the Registrar’s ability and discretion to request further documentation and/or information deemed necessary by the Registrar to carry out its functions under these Rules.
24. Registrar’s power to waive any conditions or requirements under these Rules
Nothing in these Rules restricts the Registrar's ability and discretion to modify or waive any requirement under these Rules, including without limitation, the submission of any document or information in respect of any application under these Rules, subject to any conditions the Registrar may see fit.
25. Registrar’s powers in respect of training requirements
The Registrar may, from time to time, require the personnel of Developers, Account Banks, Engineering Auditors, Auditors and any other relevant persons attend training courses relating to the opening and management of Project Accounts.
26. The Registrar may state a case
(1) Whenever a question arises concerning the performance of the Registrar’s duties or the exercise of the Registrar’s functions, the Registrar may state a case for the opinion of the ADGM Courts. (2) The ADGM Courts’ decision binds the Registrar and any other parties to the case.
PART 8 – TRANSITION PERIOD
27. Developers
(1) A Developer that, prior to 1 January 2025, has commenced the planned construction works of an Off￾Plan Project located on Al Reem Island and has established a valid escrow account in respect of the Off-Plan Project, or if applicable, for each phase of the Off-Plan Project under construction, in accordance with the applicable laws of the Emirate of Abu Dhabi, shall not be required to establish a new Project Account in accordance with the requirements of these Rules or the Off-Plan Development Regulations 2024, however the Developer shall, from 1 January 2025, take all necessary steps to administer any such existing escrow accounts in respect of Off-Plan Projects located in Al Reem Island in accordance with, and shall comply with, as far as possible, sections 12(2), 12(3), 13, 14, 15, 16, 18, 20 and 21 of these Rules.

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(2) Notwithstanding section 27(1), if an Off-Plan Project being developed on Al Reem Island is to be developed and delivered in different phases and separate escrow accounts must be established for each phase, in respect of any phase of the Off-Plan Project that the Developer has not yet commenced the planned construction works and for which no valid escrow account has yet been established prior to 1 January 2025, the Registrar may require that a Project Account be established by the Developer for each such phase in accordance with these Rules.
28. Account Banks
All Account Banks providing escrow account services to Developers in respect of Off-Plan Projects already under construction on Al Reem Island prior to 1 January 2025 shall:
(a) by no later than 17 January 2025:
i. submit to the Registrar a copy of each agreement entered into with developers for the
provision of such escrow account services; and
ii. take all necessary steps and submit all required applications and documents to the
Registrar to be registered on the Register of Account Banks; (b) from 1 January 2025, take all necessary steps to administer any existing escrow accounts in respect of Off-Plan Projects located in Al Reem Island in accordance with, and shall comply with, as far as possible, sections 7, 8(1), 9(1)(a), 12(5), 12(6), 14, 15, 16, 17, 19 and 21 of these Rules (irrespective of any contrary provisions contained in any agreement entered into with a developer for the provision of escrow account services, which provisions shall be deemed null and void); and (c) once registered on the Register of Account Banks, comply with all sections of these Rules.
29. Further extensions of time
Sections 27 and 28 shall not restrict the Registrar’s ability to grant extensions of time to Developers who are undertaking or have completed Off-Plan Projects on Al Reem Island and Account Banks that are providing escrow account services to Developers undertaking Off-Plan Projects on Al Reem Island.
PART 9 – CONTRAVENTIONS
30. Sanctions
If the Registrar considers that a person has contravened or has not complied with these Rules and/or the Project Account Agreement, the Registrar may, subject to the notification procedures set out below, take any or all of the following courses of action:
(a) issue a private or public censure in relation to such contravention; (b) issue a prohibition order; (c) enter into an enforceable undertaking; (d) freeze the Project Account in accordance with section 17(b); and/or (e) in respect of Account Banks:
i. make a referral to the UAE Central Bank for failure to comply with its obligations;

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ii. suspend or cancel the Account Bank’s registration on the Register of Account Banks;
and/or
iii. require the Account Bank to handover the management of the Project Account to a third
party Account Bank;
(f) impose a financial penalty.
31. Warning Notices
(1) Prior to the Registrar imposing any sanction pursuant to its powers under section 30, it must provide a warning notice (a “Warning Notice”) to the person upon whom it intends to impose such sanction (the “Warning Notice Recipient”). (2) A Warning Notice must:
(a) be in writing;
(b) state the action(s) which the Registrar proposes to take; (c) give reasons for the proposed action(s); and (d) specify a reasonable period (which may not be less than fourteen (14) days) within which the Warning Notice Recipient may make representations to the Registrar. (3) Following the receipt of a Warning Notice, the Warning Notice Recipient must have the amount of time specified in the Warning Notice, or such longer period of time as the Registrar may agree with the Warning Notice Recipient, to make representations to the Registrar in respect of the Warning Notice. (4) The Registrar must consider relevant materials, documentation or information relating to the matter, and consider the representations made by the Warning Notice Recipient within the permitted time (if any), and must, within two (2) months starting on the date on which the period for making representations under Section 31(3) ends, take one or more of the following actions:
(a) abandon all proposed actions set out in the Warning Notice, in which case the Registrar will notify the Warning Notice Recipient of that fact in writing as soon as practicable; (b) issue a subsequent Warning Notice, proposing different or further action(s); or (c) take one or more actions specified in the Warning Notice by issuing a Decision Notice. (5) If the Registrar has not taken any of the actions set out in section 31(4) within the prescribed period, the Registrar will be deemed to have abandoned all proposed actions set out in the Warning Notice.
32. Decision Notices
(1) If the Registrar decides to take an action set out in a Warning Notice, the Registrar must provide a decision notice (a “Decision Notice”) to the Warning Notice Recipient (the “Decision Notice Recipient”). (2) A Decision Notice must:
(a) be in writing;
(b) state the decision(s) taken by the Registrar;

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(c) give the reasons for the decision(s);
(d) if applicable, state any conditions the Decision Notice Recipient must comply with in order to reverse the Registrar’s decision; and (e) state any right for the Decision Notice Recipient to refer a Decision Notice to the ADGM Courts under section 34.
33. The Registrar’s procedures
(1) Without prejudice to the generality of section 22, the Registrar must comply with the following principles in relation to the issuance of Warning Notices and Decision Notices under this Part 9. (a) a decision to issue a Warning Notice or a Decision Notice must be taken only by:
i. a person not directly involved in establishing the evidence on which the decision is based;
or
ii. two (2) or more persons who include a majority of persons not directly involved in
establishing the evidence on which the decision is based; and (b) the procedural formalities and protections afforded to a Warning Notice Recipient or Decision Notice Recipient must be commensurate with the gravity or seriousness of the proposed action. (2) The ADGM Courts may take into account any failure of the Registrar in complying with these requirements in considering a matter referred to them under section 34.
34. Right to refer a Decision Notice to the ADGM Courts
(1) A Decision Notice Recipient may, within one (1) month of receipt of the Decision Notice, refer such Decision Notice to the ADGM Courts, which will review the matter in accordance with their own procedures. (2) A Decision Notice that has been referred to the ADGM Courts continues in effect until the matter has been resolved by the ADGM Courts, unless the ADGM Courts determine otherwise.
35. Access to materials
(1) Subject to sections 35(2) and 35(4), if the Registrar notifies a Warning Notice Recipient that it intends to take any of the actions set out in section 30(e), the Registrar must:
(a) allow the Warning Notice Recipient access to the material on which the Registrar relied upon in taking the decision which gave rise to the obligation to give the Warning Notice; and (b) allow the Warning Notice Recipient access to any other material which was considered or obtained by the Registrar in connection with determining and reaching its decision. (2) The Registrar may refuse the Warning Notice Recipient access to any material which it would otherwise have to allow the Warning Notice Recipient access to if, in the Registrar’s opinion (in its discretion), allowing the Warning Notice Recipient access to such material would:
(a) not be in the public interest;
(b) breach confidentiality requirements; or
(c) not be fair to the Warning Notice Recipient, having regard to:

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i. the likely significance of the material to the Warning Notice Recipient in relation to the
matter giving rise to the Warning Notice; and
ii. the potential prejudice to the commercial interests of a person other than the Warning
Notice Recipient which would be caused by the disclosure of the material.
(3) If the Registrar refuses a Warning Notice Recipient to access material under section 35(2), the Registrar must give the Warning Notice Recipient written notice of:
(a) the refusal; and
(b) the reasons for it.
(4) The Registrar may refuse a Warning Notice Recipient access to any material on the basis that it consists of a Protected Item in accordance with section 36, in which case, the Registrar must give the Warning Notice Recipient written notice of:
(a) the existence of the Protected Item; and
(b) the Registrar’s decision not to allow the Warning Notice Recipient access to the material.
36. Protected Items
(1) A person may not be required under this Part 9 to produce, disclose or permit the inspection of any Protected Item. (2) “Protected Item” means:
(a) communications between a professional legal adviser and their client or any person representing their client which are made:
i. in connection with the giving of legal advice by a professional legal adviser to a client; or
ii. in connection with, or in contemplation of, legal proceedings and for the purpose of those
proceedings;
(b) any items which are enclosed with, or referred to in, any communications that fall within section 36(2)(a). (3) A communication or item is not a Protected Item if it is held with the intention of furthering a criminal purpose or in contravention of this section 36.
37. Publication
(1) A Warning Notice, including the existence and content thereof, must not be published by the Registrar, a Warning Notice Recipient, a Decision Notice Recipient or any other person. (2) The Registrar may publish, in such manner as it considers appropriate, a Decision Notice, part of a Decision Notice, or such information about the matter to which a Decision Notice relates as it considers appropriate, taking into account the fairness of such publication, the effect of such publication on the Decision Notice Recipient, the interests of third parties in the Abu Dhabi Global Market or the interests of the Abu Dhabi Global Market as a whole.

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(3) Except with the prior written consent of the Registrar or to the extent that the Registrar has already published such information, a Decision Notice Recipient may not publish a Decision Notice, part of a Decision Notice or information about the matter to which a Decision Notice relates. (4) Notwithstanding section 37(1) and section 37(3), a Warning Notice Recipient or Decision Notice Recipient may disclose a Warning Notice or Decision Notice (as applicable), including the existence and content thereof, to its professional advisors.
38. Censure statements
(1) A censure statement must describe, in such detail as the Registrar may determine, the nature of the contravention and may include such guidance as to any remedial action that the person should consider taking to avoid any repetition of such contravention or any other contravention taking place, as the Registrar may see fit to specify. (2) A public censure statement must be published in such manner as the Registrar determines and a copy of the censure statement must be sent by the Registrar to the person for whom it has been issued.
39. Prohibition orders
(1) The Registrar may issue an order prohibiting or restricting a person from providing or otherwise being involved in the provision of a service in the Abu Dhabi Global Market as may be specified in the order and subject to such conditions as may be specified in the order. (2) The Registrar may, if it considers it appropriate or desirable, publish details of any such order in such manner as the Registrar determines.
40. Enforceable undertakings
(1) If the Registrar considers that this would be an appropriate way in which to address any contravention of a relevant requirement or any other concern that it may have with respect to a person, the Registrar may accept a written undertaking from a person on such terms as may be agreed. (2) The Registrar may, if it considers it appropriate or desirable, publish details of any such undertaking in such manner as the Registrar determines. (3) If the Registrar considers that any person who has given such an undertaking has not complied with any of its terms, the Registrar may take such further action as it considers appropriate, including without limitation, imposing another sanction and taking any other action available to the Registrar under these Rules and applying to the ADGM Courts for an order or other relief to enforce or provide a remedy in respect of any such non-compliance.
41. Referral to the UAE Central Bank
The Registrar may, if it considers appropriate or desirable, make a referral to the UAE Central Bank notifying the UAE Central Bank that an Account Bank or its personnel have contravened a relevant requirement under these Rules or any other applicable regulations, rules, laws, codes of conduct or directions of the Registrar.
42. Fines
(1) Save for the contravention listed in section 21(3) which attracts the fines set out in that section, a person that contravenes:
(a) section 37(1) or section 37(3) is liable to a fine not exceeding Level 3 on the Abu Dhabi Global Market’s standard fines scale; and

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(b) any other sections of these Rules is liable to a fine up to level 8 on the Abu Dhabi Global Market standard fines scale. (2) The contravention by a person of any of the sections of these Rules continues until such time as the contravention of the obligation(s) in any of these sections is rectified by such person. (3) Each contravention of an obligation stipulated by any section will be considered an individual offence and it will attract a separate fine.
PART 10 – GENERAL
43. Defined terms
In these Rules, unless the context indicates otherwise:
“Abu Dhabi Global Market” means the financial free zone situated on Al Maryah Island and Al Reem Island, and further bounded as described in Cabinet of Ministers Resolution No. (4) of 2013, as amended by Cabinet Resolution No. (41) of 2023, and as the same may be further adjusted or modified in accordance with applicable law; “Account Bank” means a bank providing escrow account services to off-plan projects; “ADGM Courts” has the meaning given to the term in the ADGM Courts, Civil Evidence, Judgments, Enforcement and Judicial Appointments Regulations 2015; “Auditor” means a person registered on the Register of Auditors maintained by the Registrar; “Banking License” means a UAE Central Bank license permitting the Account Bank to act as a conventional or Islamic bank providing national retail banking services in the UAE or such other licensed activity as the Registrar may determine is appropriate from time to time; “Building Completion” means, in accordance with the requirements of the Relevant Authority, the substantial completion of a real property and the issuance of all required permits and approvals by the Relevant Authorities permitting occupation of such real property; “Construction Milestones” means the construction progression milestones of an Off-Plan Project (i) agreed with the Registrar as part of the registration of the Off-Plan Project on the Off-Plan Project Register and (ii) against which funds may be released from the Project Account; “Debt and Equity Financing” means monies received by the Developer by either borrowing from a bank, financial institution or other person or provided by the shareholders of the Developer in respect of the Off-Plan Project; “Developer” means a person who engages in or procures the development of an Off-Plan Project; “development” means carrying out or procuring the construction of real property (regardless of its proposed use) and for which Building Completion has not been reached; “Development Costs” means the cost of constructing an Off-Plan Project, as verified by an Engineering Auditor, including all soft and hard costs and fees payable to all Relevant Authorities, an estimate of which shall be set out in the business plan prepared by the Developer and submitted to the Registrar, which costs may be subject to such inclusions and exclusions as the Registrar may require; “document” means paper or other material (including electronic material) containing writing, words, figures, drawings or symbols;

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“electronic” means of or relating to technical having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities; “Engineering Auditor” means an Auditor who has experience in carrying out financial audits of real property development projects; “Equity Financing” means monies received by the shareholders of the Developer; “future interest” means any interest in real property that becomes effective at a future date as permitted under the Real Property Regulations 2015; “Marketing” means any written, electronic or printed communication or any communication transmitted on radio, television, the internet, outdoor, or similar communications media, including pictures and videos, published, disseminated, circulated or placed before the public for the purpose of creating an interest in and promoting Off-Plan Projects; “Milestone Payment Certificate” means the certificate prepared by an Engineering Auditor in accordance with section 14(5); “Off-Plan Developer Register” means the register of Developers established pursuant to the Off-Plan Development Regulations 2024; “Off-Plan Project” means the development of real property in the Abu Dhabi Global Market which has been or will be disposed of in whole or in part by way of Off-Plan Sales; “Off-Plan Project Register” means the register of Off-Plan Projects established pursuant to the Off-Plan Development Regulations 2024; “Off-Plan Purchaser” means the purchaser in an Off-Plan Sale; “Off-Plan Sales” means the sale of a future interest in real property (including, without limitation, leasehold, strata and freehold), where the building, unit or other permanent physical structure which shall make up the real property has not yet been developed or is under development, pursuant to a Reservation Agreement; “person” means a natural person, body corporate or body unincorporated, a partnership, incorporated or unincorporated or other legal form not having separate legal personality; “Project Account” means the project account established in respect of an Off-Plan Project and managed in accordance with these Rules; “Project Account Agreement” means a project account agreement in the form set out in section 11; “real property” means, in accordance with the Real Property Regulations 2015, as amended from time to time, (i) land, buildings, and items located or placed in, on or under the soil with the intention that they should remain in position permanently or indefinitely, and (ii) and interest therein; “Relevant Authority” means any authority within the UAE (with jurisdiction in the Emirate of Abu Dhabi), the Emirate of Abu Dhabi or the Abu Dhabi Global Market charged with the duty of implementing policies of Abu Dhabi whose subject matters falls within its authority. Relevant Authority includes, without limitation, the Registrar and any other authorities established under the ADGM Founding Law, and also the Abu Dhabi Department of Municipal Affairs and any other governmental or
quasi-governmental agencies or instrumentalities to which the Abu Dhabi Global Market may from time to time delegate rulemaking, adjudicatory or approval authority within the Abu Dhabi Global Market; “Register of Account Banks” means the register of Account Banks established pursuant to these Rules;

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“Register of Engineering Auditors" means the register of Engineering Auditors established pursuant to the Off-Plan and Real Property Professionals Regulations 2024; “Reservation Agreement” means a Reservation Agreement as defined in the Off-Plan Sales Register Regulations 2022, as amended from time to time; “Sale Proceeds” means the sums paid by or on behalf of Off-Plan Purchasers in respect of an Off-Plan Project; and “UAE Central Bank” means the Central Bank of the UAE or any replacement authority responsible for the licensing and regulation of banks providing national retail banking services in the UAE.
44. Short Title, extent and commencement
(1) These Rules may be cited as the Off-Plan Development Regulations (Project Account) Rules 2024. (2) These Rules apply in the Abu Dhabi Global Market. (3) Without prejudice to sections 27, 28 and 29, on the date of publication.