"Abu Dhabi Real Estate" Announces new controls for the disposal of gifts in housing grants for citizens

ABU DHABI, 18th February, 2018 (WAM) – The Abu Dhabi Real Estate Centre, the entity responsible for regulating the real estate sector in the Emirate of Abu Dhabi, in cooperation with the Abu Dhabi Judicial Department and the Abu Dhabi Housing Authority, announced the launch of a new service to regulate the disposal of gifts in housing grants, in implementation of the directives of His Highness Sheikh Khalid bin Mohammed bin Zayed Al Nahyan, Crown Prince of Abu Dhabi, Chairman of the Executive Council of the Emirate of Abu Dhabi, regarding the procedures and controls for the disposal of gifts in housing grants for citizens between spouses. And first-degree relatives, and facilitating ownership transfer procedures in accordance with clear controls and organized procedures that guarantee rights and enhance the highest levels of transparency in real estate transactions.

The implementation of these directives coincides with the announcement of designating the year 2026 as the “Year of the Family,” which reflects an integrated institutional trend aimed at strengthening family cohesion, providing flexible solutions that support the social stability of Emirati families, and simplifying procedures related to residential services, within clear frameworks that protect the rights of all parties and establish the reliability and transparency of the real estate system.

The three parties confirmed that the service framework was developed through the integration of roles among them, to provide a unified path that regulates the donation process, starting from submitting the application, through verifying that the conditions are met, all the way to judicial documentation, ensuring clarity of procedures and ease of access to the service.

This cooperation embodies an advanced model for the governance, flexibility and transparency of residential services by linking real estate regulation and forensic documentation within an integrated system.

The new regulatory framework specifies a set of general and specific requirements to ensure clarity of procedures, the most prominent of which are limiting disposal to spouses and first-degree relatives, completing the required documents, adhering to the legal procedures approved by the Abu Dhabi Judicial Department, verifying the completion of documents before completing the gift process, and ensuring that there are no financial obligations or restrictions that prevent the disposal of the grant.

The controls also include the application of conditions specific to the type of ownership, including the requirement that construction operations be completed by no less than 60% in some cases.

The controls also take into account special cases that may require exceptional treatment, such as the presence of a minor among the owners, the refusal of one of the partners, the wife or adult children to consent, or the desire of the donee to maintain ownership jointly, in addition to cases that include properties outside the emirate or properties from the target group.

The controls also include a clear framework for disposing of housing grants according to the type of property, as procedures differ between a grant of unbuilt residential land, a grant of built residential land, and a ready-made housing, while specifying cases that require the presence of a residential alternative or do not allow disposal.

The requirements for joint ownership include the necessity of the approval of all parties and the signing of legal declarations, as well as adherence to additional controls that ensure the protection of rights and the promotion of transparency.

The customer experience was designed through six main steps in a clear and simplified manner, starting with submitting the application through the Judicial Department – Abu Dhabi, followed by an electronic audit process to ensure that there are no restrictions on the gifted property through electronic linking, then issuing gift declarations from the Judicial Department to the Abu Dhabi Real Estate Center to complete the procedures.

The subsequent steps include the donor’s signature on an acknowledgment not to claim any other grant and not to dispose of the housing alternative, then the signature of the wife, wives, or adult children approving the gift process, leading to the donee’s signature on an acknowledgment not to dispose of or rent.

After completing the approvals, the Abu Dhabi Real Estate Center will study the application and verify the documents. If the conditions are met, the gift process will be completed and ownership status will be transferred as a “grant” after obtaining the necessary approvals. If the requirements are not met, the application will be rejected. In this regard, coordination is made between the Abu Dhabi Real Estate Center and the Abu Dhabi Housing Authority to complete the procedures for special cases and exceptions, leading to the completion of the legal procedures, issuing the final documents, and officially approving the transfer of ownership.

Exceptions include cases in which the gifted person is not of the first degree of kinship, or the refusal of one of the partners, wife, or adult children to consent, or the presence of a minor among the owners, in addition to cases related to owning real estate outside the borders of the emirate or within the target group, as well as cases that include joint ownership or a desire to maintain partial ownership, in addition to any other special cases that are dealt with in accordance with the approved controls to ensure the protection of rights and the achievement of transparency in all procedures.

This service represents a strategic step in the development of the housing system in the Emirate of Abu Dhabi, thanks to the joint cooperation between the Abu Dhabi Housing Authority, the Abu Dhabi Judicial Department and the Abu Dhabi Real Estate Centre, ensuring the smooth implementation of procedures and achieving the goals related to supporting the Emirati family and its stability.

The updated framework for the housing grant grant service is not limited only to developing procedures, but rather embodies a family-centered social dimension, enhances cohesion among Emirati families, ensures justice and transparency in the transfer of housing grants, and consolidates the flexibility of transferring family assets between generations, which contributes to supporting a stable and sustainable housing environment for Emirati families.

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