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Playbooks / Property

Due diligence before buying property in Dubai

Which due diligence checks are worth the most before a Dubai offer?

Due diligence in Dubai divides into the checks that decide whether you own anything at all and the checks that decide what it is worth, and only the second kind can be ranked, which on a one bedroom at AED 1,500,000 puts the two document checks almost nobody performs at 7.5 times the registration fee split every buyer argues about.
What each check is worth on the illustrative one bedroom, recurring findings capitalised at the property's own net yield. Reading the approved service charge budget, AED 124,711. Checking the asking rent against Ejari, AED 100,277. Winning the registration fee split, AED 30,000. Measured against the agency commission, with VAT. the agency commission, with VAT Reading the approved service charge budget AED 124,711 Checking the asking rent against Ejari AED 100,277 Winning the registration fee split AED 30,000

The first two bars are ordinary findings, not disasters: six dirhams a square foot on the charge and a 5% haircut on the rent. Each is worth more than the whole commission, and more than the one negotiation every buyer has. Capitalising at the net yield is what puts a yearly saving and a one-off on the same axis.

The rule

Every checklist on this question is a list of equally weighted bullets, and that is the defect. Some of these checks decide whether you end up owning the property. The rest decide what it is worth. The first kind are free and binary, the second kind can be ranked, and mixing them leaves a reader with no way to know which one to do first or which one to skip when time is short.

The checks that decide whether you own anything

Dubai's land law is unusually blunt about this, and the bluntness is the useful part.

The register is the title. Article 7 of Law No. (7) of 2006 says the Property Register has "absolute evidentiary value against all parties" and that the validity of its data "may not be impugned unless it is proven to be the result of fraud or forgery". There is no adverse possession to worry about and no chain of deeds to trace. There is one register, it is conclusive, and checking it is the whole of the title question rather than the start of it.

An unrecorded transfer is not a transfer. Article 9 says all transactions that create, transfer, amend or extinguish real property rights will be recorded in the Property Register, and that such transactions "will not be deemed valid unless recorded in the Property Register". A signed contract and a paid deposit are not ownership. This is why side agreements to transfer later, or to hold the title deed in someone else's name, do not do what the people signing them think they do.

Not every plot can be owned by everyone. Article 4 restricts ownership: "The right to own Real Property in the Emirate will be restricted to UAE nationals, nationals of the Gulf Cooperation Council member states" and companies wholly owned by them, and public joint stock companies. Non-UAE nationals may, "in certain areas determined by the Ruler", be granted "Freehold ownership of Real Property without time restrictions" or a usufruct or leasehold for "a period not exceeding ninety-nine (99) years". So freehold is a property of the location, not a term a seller can offer. Confirm it before anything else, because nothing later in the process can fix it, and confirm it at the level the designating regulation actually works at, which is the numbered plot rather than the community name: freehold areas and foreign ownership sets out the twenty-three areas the regulation lists and what a term-limited interest in one of them is worth.

Off-plan has its own validity rule. Article 3 of Law No. (13) of 2008 makes an off-plan disposition void unless it is entered in the Interim Property Register, which is what the Oqood registration is. And Law No. (8) of 2007 requires the purchaser's payments to go into the project's escrow account rather than to the developer. Both are priced and worked through in off-plan payment plans and what they really cost.

None of these four checks costs anything. Each of them, failed, costs the entire outlay. They go first.

How to actually perform them

The Land Department publishes the services, and this is the part most checklists leave as an instruction to "verify with the DLD".

ServiceWhat it settles
Verify Title DeedThat the register says what the seller says it says
Project Status EnquiryThat an off-plan project is registered, and how far it has actually got
Verify License and PermitsThat the broker and the developer hold the licences they claim
Service Charge IndexThe approved charge for the building, rather than the one the listing implied

The checks that decide the price, in order of what they are worth

These can be ranked, because each of them changes the net yield by a measurable amount. The unit below is the illustrative one bedroom used throughout this site: AED 1,500,000, 900 sq ft, AED 105,000 rent, and a net yield of 4.33% once the whole acquisition stack is in the denominator, which net rental yield sets out line by line.

Two ordinary findings. The approved budget shows the service charge is AED 24 a square foot rather than the 18 the listing implied. And the recent Ejari registrations in the same building come in five per cent under the asking rent.

FindingNet yieldPoints lostPer yearSame as price
Nothing verified, the listing taken as read4.33%0.0000
Service charge is 24 a foot, not 183.99%0.345,400124,711
Achievable rent is 5% under the asking rent4.06%0.274,342100,277
Both0.619,742224,988

The last column is the annual figure capitalised at the property's own net yield, which is the plainest way to put a recurring number and a one-off number on the same scale. It is the amount of purchase price that buys the same income.

The finding

Set that against the one negotiation every buyer in Dubai has. Article 3 of Executive Council Resolution No. (30) of 2013 makes the 4% registration fee a joint liability shared equally by the seller and purchaser, and the Dubai convention that the buyer carries all of it is a term of the contract rather than a rule of law. Winning that argument on this flat is worth AED 30,000, and it lifts the net yield from 4.33% to 4.41%, or 0.08 points.

The two document checks are worth 7.5 times the negotiation. Reading one line of an approved service charge budget is on its own worth AED 124,711 of purchase price, which is four times the entire agency commission of AED 31,500. Almost nobody reads the budget, and almost everybody argues about the fee.

This is the same shape as the finding on the yield page, where running costs take 2.39 points of yield against the 0.28 the whole transaction stack takes. Buyers negotiate the number that is printed on the invoice and accept the numbers that are not.

The documents to ask for, all of which exist

Title deed. The approved owners association budget for the current year. The reserve fund statement. The last two years of accounts. The current tenancy contract and its Ejari registration. A recent service charge statement showing the account is clear, since arrears will surface at the no objection certificate stage anyway, as the cost of selling sets out from the other side.

If a seller or agent cannot produce these, that is itself information.

A charge that looks low for the building type is frequently a charge that is not collecting for the reserve, which is what the service charge and the reserve fund is about. And if the unit is tenanted, the gap between the passing rent and the index caps what you can charge next year: rent increase caps explains why a cheaply let unit is not the opportunity it looks like.

What to inspect

Beyond the obvious condition of the unit: the age and state of the building's plant, particularly chillers and lifts, because those are the items that produce special levies. Whether the building is chiller free or the tenant pays cooling separately, which changes what any quoted rent is worth. Water ingress in bathrooms and around balcony doors. And the view, checked against what is planned on the plots opposite rather than what is there now.

Then run the arithmetic, in this order

Price per square foot against genuine recent transactions in the same building, using the title deed area rather than the marketing one. Then net yield with the verified service charge and the achievable rent rather than the advertised ones. Then break-even occupancy, which tells you how much vacancy the purchase survives. Then the minimum hold period, which tells you whether your intended horizon is long enough to absorb the round trip, and which transaction costs and the minimum hold period computes in years of net rent rather than leaving as an adjective.

If all four still look right, make the offer. If any of them changed materially once real numbers replaced the marketing ones, that is the process working.

The discipline

Decide what would make you walk away before you fall in love with the unit. Write it down. The reason is the same reason the sunk cost framework exists: judgement made in advance is better than judgement made while committed.

Every instrument cited here is listed, with what it sets in its own words and a link to the official text, on the Dubai property law register.

The arithmetic

Two kinds of check, and they are not interchangeable 1. Checks that decide whether you own anything binary, free, and failing one costs the whole outlay is the plot in a designated area Law 7 of 2006, Article 4 will the transfer be recorded Law 7 of 2006, Article 9 does the register say what the Law 7 of 2006, Article 7 seller says it says off-plan: will it be entered in the Law 13 of 2008, Article 3 Interim Property Register off-plan: does the money go to the Law 8 of 2007, Article 7 project escrow account 2. Checks that decide what it is worth measurable, rankable, and worth more than the negotiation approved service charge budget 0.34 points of net yield Ejari comparables vs the asking rent 0.27 points tenancy and the gap to the index caps next year's rent registered mortgage to be discharged a condition, not a cost Then calculate, in this order price per sq ft against recent transactions, same building net yield verified charge, achievable rent break-even occupancy minimum hold period vs your intended horizon Walk-away conditions written down before viewing, not after

Where it breaks

  • The ranking is computed on one illustrative unit. The order of the checks is robust because it follows from recurring costs outweighing one-off ones, but the specific points of yield belong to that flat and not to yours.
  • It assumes the documents are available and current. Where an owners association is poorly run, the budget may be late or the accounts unaudited, which is itself a finding rather than a gap in the process.
  • Comparable Ejari registrations tell you what was agreed, not what is achievable today, and in a moving market the two diverge in whichever direction the market is moving.
  • A physical inspection by a buyer is not a survey. For anything other than a straightforward apartment, a professional inspection is cheap against what it can find.
  • Verifying the register tells you who owns the property today. It says nothing about the developer's or the association's future behaviour, which is the risk that produces special levies and cannot be diligenced away.
  • Time pressure from an agent is a negotiating tactic and it is most effective precisely on the buyers who have not done this work in advance.

When to use it

Before every offer, without exception, and ideally before the second viewing so the arithmetic informs the negotiation rather than following it.

Run it on your own numbers

The Net Rental Yield does this arithmetic for you, in your currency, in about thirty seconds.

Open the calculator

Sources

  1. Law No. (7) of 2006 Concerning Land Registration in the Emirate of Dubai
  2. Law No. (13) of 2008 Regulating the Interim Real Property Register in the Emirate of Dubai
  3. Law No. (8) of 2007 Concerning Escrow Accounts for Real Estate Development in the Emirate of Dubai
  4. Dubai Land Department, Verify Title Deed
  5. Dubai Land Department, Project Status Enquiry
  6. Dubai Land Department, Verify License and Permits
  7. Dubai Land Department, Service Charge Index
  8. Dubai Land Department, RERA rental index

Last reviewed . Commercial relationship disclosure: the author works in Dubai real estate brokerage. See the disclosure standards. Disclosure standards.