A popular saying is "an Englishman's home is his castle". The idea that everyone has a right to a peaceful home is not exclusive to Englishmen, but has universal application, and has attracted surprising attention in the United Arab Emirates (UAE). Most people would associate the UAE exclusively with Dubai yet forget that it comprises 7 emirates with Abu Dhabi being the capital. Although the geographical location of the UAE is rightfully associated with blistering heat, economically it is varied, with Dubai being considered at the apex of economic activity. Whilst lesser known emirates, such as Umm Al Qumwain are associated with lovers of a more pastoral lifestyle.

The 1970s saw a property boom in Dubai following the discovery of significant oil deposits in Abu Dhabi, and lesser amounts in Dubai. The 1970s coincided with the emergence of a more enlightened political elite in the UAE. Hence the 1970s were a launch pad for the Dubai we know of today. Of course, people rightfully, sought to lay a claim in these bountiful fields by deciding to re-locate to Dubai and did it without much hindrance. However, there were some property owners who purchased properties and later discovered they were unhappy with their developer, made payments under a contract only to discover that their properties had not begun construction, or thinking it would be wise to purchase several properties, did so and through no fault of their own could not keep to the scheduled payments.         

These problems were compounded by their lack of unfamiliarity with local laws. However, some owners sought to challenge the developers by banding together with other owners to form an association (such an action does not preclude some form of formal legal representation being required in the future). If an owner considers litigation, or an amicable settlement with a developer, then he/she should approach a law firm that should be capable of doing the following: 

• allocate a dedicated attorney specializing in property and real estate laws to the owner;
• review the owner's contracts, receipts and relevant documents to ascertain the legal and factual position;
• carry out a compliance check before the authorities in the United Arab Emirates to ascertain whether the owner's Developer has defaulted in complying with any procedural or substantive laws;
• provide the owner with a detailed opinion on his/her matter;
• contact the Developer on the owner's behalf, wherever possible; and
• provide a comprehensive report on the matter with recommendations on further courses of action where applicable.

Alongside the above, issues such as fees should also be clarified. As an example, The Legal Group (TLG) can be retained either on a No Win No Fee basis whereby no fees are charged up-front, or under a pay as you go option. Where as TLG will charge a discounted rate to undertake court/arbitration on the owner's behalf, the fees being discussed on completion of an exhaustive review of the owner's documents, and compliance check with the relevant bodies in the UAE.

Hopefully, a property owner in the UAE will always live happily in his/her castle in the UAE (or sand-castle as the case maybe) without any fear.

Faisel Devon
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