Registrar of Real Property (RoRP) Client Handbook · The Registrar of Real Property (RORP) ......

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1 Registrar of Real Property (RoRP) Client Handbook Property Services 2015

Transcript of Registrar of Real Property (RoRP) Client Handbook · The Registrar of Real Property (RORP) ......

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Registrar of Real Property (RoRP)

Client Handbook

Property Services – 2015

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Legal Disclaimer 3

The Registrar of Real Property (RORP) 3

Registry Services 3

General Guidelines 4

Freehold Transfer (Sales and Purchase of Real Property) 6

Mortgages 10

Leases 11

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DIFC - LEGAL DISCLAIMER

This Client Handbook (“Handbook”) has been prepared by the DIFC Registrar of Real Property (“RORP”) to guide

and facilitate users on the procedures for the registration and recording of interest on real properties located within

the Dubai International Financial Centre (“DIFC”). The Handbook may be amended from time to time by the RORP

and it does not constitute legal advice nor an exclusive reference to all requirements stated in the DIFC Real Property

Laws and Regulations, or any other laws. For any legal clarification please refer to the DIFC Real Property Law and

Regulations and other relevant laws of the DIFC made available at: http://www.difc.ae/legal-database, or seek

independent legal advice. In case this Handbook has any inconsistency with the DIFC Laws and Regulations, the

DIFC Laws and Regulations shall prevail.

DIFC THE REGISTRAR OF REAL PROPERTY (RORP)

The Registrar of Real Property (RORP) is a separate legal body established as a “Corporate Sole”. The Registrar of

Real Property (RoRP) is responsible for approval and registration of all types of transactions relating to Real Property

located within the Dubai International Financial Centre (DIFC) in accordance with the DIFC Laws and Regulations.

The Registrar of Real Property (RORP) maintains register of all properties. Any property in the DIFC must be

registered with the Registrar of Real Property (RORP) under the relevant DIFC Laws and Regulations.

Registry Services

Registry Services is the department responsible for handling and processing all types of applications related to Real Property registration and recordings on behalf of the RoRP. Below please find the contact details and working hours of Registry Services:

Location:

Dubai International Financial Centre

Sheikh Zayed Road

Marble Walk - The Gate Building

Registry Services Office

P. O. Box: 74777

Dubai-UAE

Contact Details:

Telephone: +971 4 362 2582

Email: [email protected]

Working Hours:

8:00 AM - 3:00 PM (Sunday to Thursday)

Our office is closed on Friday and Saturday and on public holidays announced by the UAE.

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General Guidelines

Language:

All supporting documents should be submitted only in English.

RORP Forms:

Lease Registration / Surrender and Termination can only be accessed through the DIFC Client Portal. For

more information, please refer to the Leases section on page 13.

The remaining RORP forms are available on http://www.difc.ae/rorp-forms

Please note the following when filling/submitting the applicable forms:

All fields must be filled completely and clearly including the date, witness signature and name etc.

All fields must be typed and dully filled.

Alteration or the use of correction fluid is not accepted and will result in the rejection of the application.

The Buyer’s signature must match the signature on his/her passport.

Payments of Fees:

Below please find the payment method accepted at the Registry Services. Please note that payment of applicable fees may not necessarily constitute as approval of the transaction without the submission of the relevant documents, and the final approval of the RORP.

Payment Method Conditions

Cash (AED Only)

Payment in AED only, not exceeding AED (5,000) per unit

transaction.

Manager Cheques (AED Only)

All manager cheques should be in AED and made payable to “Dubai

International Financial Centre Authority”

Manager Cheques drawn on offshore banks will not be accepted

Credit Card (AED Only)

We accept all major Credit Cards including Amex, MasterCard and

Visa.

Online payment is accepted for Lease Registration/Surrender and

Termination of lease through the DIFC Client Portal. For the other

services, physical swipe of the Credit Card is required.

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Wire Transfer (AED and USD only) The full payment is to be made in either AED or USD, where the

remitting party bears all bank charges

USD 1 equals AED 3.675

For payments made via Telegraphic Transfer, a scanned copy of the

bank advice slip stating the transfer confirmation number and

payment value date should be sent to: [email protected]

For Lease Registration Payments (Portal Users only) please use this

account (AED only)

DIFC Investments LLC- Collection Account Emirates NBD- Deira Branch Account No. 101-1434147-605- AED

Swift Code: EBILAEAD

IBAN No.-AE280260001011434147605

For other RORP related services please use the below mentioned

account details:

o Transfer in Arab Emirates Dirham (AED) Payable To: Dubai International Financial Center Bank Name: HSBC Bank Middle East Bank Account Number: 021-349428-003 IBAN Number: AE970200000021349428003 SWIFT Code: BBME-AEAD Bank Address: HSBC Bank, Dubai - Main Office PO Box: 66 UAE

o Transfer in US Dollars (USD) Payable To: Dubai International Financial Center Bank Name: HSBC Bank Middle East Bank Account Number: 021-349428-104 IBAN Number: AE860200000021349428104 SWIFT Code: BBME-AEAD Bank Address: HSBC Bank, Dubai - Main Office PO Box: 66 UAE

Power of Attorney (POA)

In case the Buyer or Seller has appointed a third party to carry out any property transactions/registrations via a Power of Attorney (POA), the following must be ensured:

POA issued in the UAE:

o POAs issued in the UAE must carry the seal or be attested by the Dubai Courts or Ministry of Justice, depending on the issuing Emirate – original document to be presented for verification.

o The original passport of the authorised person must be provided.

POAs issued outside the UAE:

o POAs issued outside the UAE in languages other than English or Arabic, require legal translation into

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English. The POA and legal translation should be attested by the UAE Ministry of Foreign Affairs – original documents to be presented for verification.

o The original passport of the authorised person must be provided.

Identification Documents (KYC) for individuals and Legal Entities

The following identification documents will be required for Real Property Registrations:

Individuals:

o Original passport (if the passport doesn’t have a signature specimen then a ID with a clear signature specimen will be required).

o If the individual is outside the UAE, the passport copy must be attested by the Ministry of Foreign Affairs.

Legal Entities established within the UAE:

o Certificate of Incorporation or the commercial license notarised by the issuing authority. o Copy of the articles of association notarised by the license issuing authority. o Passport copies of the shareholders holding shares equal to or greater than 5% (Not applicable to

public companies). o Board Resolution approving the transaction and appointing the signatories and point of contacts to

carry out the registration of the assigned property (original passport of the assigned signatories to be submitted for verification).

o Attested Certificate of incumbency providing details about the current shareholders on the entity and their shares.

Legal Entities established outside the UAE:

o Certificate of Incorporation or the commercial license attested by the UAE Ministry of Foreign Affairs. o Copy of the articles of association attested by the UAE Ministry of Foreign Affairs. o Passport copies of the shareholders holding shares equal to or greater than 5% (Not applicable to

public companies). o Board Resolution approving the transaction and appointing the signatories and point of contacts to

carry out the registration of the assigned property (original passport of the assigned signatories to be submitted for verification) attested by the UAE Ministry of Foreign Affairs.

o Attested Certificate of incumbency providing details about the current shareholders on the entity and their shares.

o Original singed undertaking letter for changes in the shareholding structure (Template available on http://www.difc.ae/rorp-forms) signed and stamped by the authorised signatory as per the resolution.

Freehold Transfer (Sale and Purchase of Real Property)

Application for Property Registration

This section sets out the main requirements for the registration of property located within the DIFC. Transfer of Freehold Transaction must be registered with the RoRP within 30 days of entering into the transaction. Failure to register within 30 days will result in fines as prescribed in the DIFC laws and Regulations.

If you wish to have further assurance on the status of the property that you are intending to acquire, you can apply for an official search request to identify the status of the unit/plot that you are acquiring. The search request procedure is set in this document under the “Official Search Section”.

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Registering a Transfer of Freehold can only be submitted through the DIFC Client Portal. If you wish to submit a request for Freehold Transfer, then please obtain access to the DIFC Client Portal by following the steps below:

Please visit the following link: https://portal.difc.ae/signin

Navigate to the panel on the left side and click on ‘Request Access for Non DIFC clients’.

Fill in the Property Services Access request form and upload a valid passport copy then click ‘Submit’.

Upon submission, the system will send a notification to the email address provided with user access details.

Once you get the access please follow the below steps below to submit the Freehold Transfer Application:

Visit the DIFC Client Portal: https://portal.difc.ae/.

Log into the Portal with the user name and password provided.

Go to the Property Services section.

Click on Transfer of Freehold.

Before filling the form please note the below:

The service request submitted on the DIFC Client Portal is for the initial review and booking the appointment to finalize the transaction, The Freehold Transfer registration or recording will be completed upon submission of the Freehold Transfer Fee, all the remaining fees and original documents.

All original forms and documents should be provided by the appointment date and time.

Transfer of Freehold must be registered / recorded along with the payment of the Freehold Transfer Fee within 30 days from the date of entering into the Freehold Agreement. Failure to comply with the deadline will result in a penalty of USD 1,000 and an interest as per DIFC Real Property Laws and Regulations.

If the transfer is happening on a mortgaged unit, then the discharge of mortgage can be done before or along with the submission of the service request to register/record the Freehold Transfer.

All the documents uploaded on the service request must be clear and with a high resolution. Failure to submit clear scanned copies will result in rejecting the request.

Submission Process

Fill in the required fields on the service request then click ‘Save’

The system will direct you to the next page. Review the details entered then add the tenant details and the landlord details. Please ensure all the information provided is accurate.

Once the seller and buyer details are entered, navigate to ‘Download/Upload Doc’ to upload the required documents.

Click on ‘Submit’. A pop up message will appear informing the user that freehold registration forms have been generated.

Navigate to ‘Download/Upload Doc’ again and print the generated documents (please refer to the documents with the status ‘Generated’)

Obtain the required signature on the forms and upload a scanned copy of all the signed documents to the portal.

Click on ‘Save” & ‘Submit”

Upon receipt of the service request, registry services team will review the request and confirm the appointment date and time. In case of any pending requirements or information, the service request will be returned for more information or for re-upload. An email notification and SMS will be sent accordingly. If you wish to have more information on the return process then please check the video guide for ‘Closing pending actions on the portal’ available on this link: https://portal.difc.ae/signin

Documents to be uploaded (to be presented in original format during the appointment for Freehold Transfer):

Off Plan Properties

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Documents to be uploaded for the Seller (If the seller is not the Developer):

Copy of the seller’s passport in case of an individual.

If the seller is a company, the documents below will be required: o Copy of the Company Certificate attested by the issuing authority. o Board Resolution approving the transaction and appointing the signatories to carry out the

registration of the assigned property.

o Copy of the passport of the Authorized Signatory as per the Commercial License or the Board Resolution.

Documents to be uploaded for the Buyer:

Copy of the Buyer’s passport in case of an individual.

If the buyer is a company, the documents below will be required: o Copy of the Company Certificate attested by the issuing authority. o Copy of the Company’s Articles of Association notarized by the license issuing authority.

o Passport copies of the shareholders holding shares equal to or greater than 5% (Not applicable to public companies)

o Board Resolution approving the transaction and appointing the signatories and point of contacts to carry out the registration of the assigned property.

o Attested Certificate of incumbency providing details about the current shareholders on the entity and their shares.

o Copy of the passport of the authorized signatory as per the Commercial License or Board Resolution.

Transaction Documents:

Copy of the signed Sales and Purchase Agreement

Copy of Proof of payment between seller & buyer

Copy of No Objection Certificate from Developer or Body Corporate

Copy of the mortgage clearance Letter (required only if the unit has an active mortgage to be withdrawn or

discharged)

Copy of the loan/ facility agreement (Required only if the unit is to be mortgaged)

Copy of POA and passport copy of the POA( Required only if a third party is acting on behalf of the seller or

buyer)

Tenant’s Notice communicating transfer (This is required only if the unit has an active lease).

RORP System Generated Forms:

Please upload a scanned copy of all the forms generated by the system upon finalizing the request. The forms must be signed and scanned with a high resolution.

Payments required

o Recording of Caveat fee USD 100 (AED 367.5) – to be paid by the buyer. o Withdrawal of Caveat fee USD 100 (AED 367.5) if applicable – to be paid by the seller. o Registration fee is 5% over the total value of the property payable to the Dubai International Financial

Centre Authority.

On Plan Properties

Documents to be uploaded for the Seller (If the seller is not the Developer):

Original title deed.

Levy Clearance Certificate from the Body corporate.

Copy of the seller’s passport in case of an individual.

If the seller is a company, the documents below will be required: 1. Copy of the Company Certificate attested by the issuing authority. 2. Board Resolution approving the transaction and appointing the signatories to carry out the

registration of the assigned property.

3. Copy of the passport of the Authorized Signatory as per the Commercial License or the

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Board Resolution

Documents to be uploaded for the Buyer:

Copy of the Buyer’s passport in case of an individual.

If the buyer is a company, the documents below will be required: o Copy of the Company Certificate attested by the issuing authority. o Copy of the Company’s Articles of Association notarized by the license issuing authority. o Passport copies of the shareholders holding shares equal to or greater than 5% (Not applicable to

public companies) o Board Resolution approving the transaction and appointing the signatories and point of contacts to

carry out the registration of the assigned property. o Attested Certificate of incumbency providing details about the current shareholders on the entity and

their shares. o Copy of the passport of the authorized signatory as per the Commercial License or Board Resolution.

Transaction Documents:

Copy of the signed Sales and Purchase Agreement

Copy of Proof of payment between seller & buyer

Copy of No Objection Certificate from Developer or Body Corporate

Copy of the Title Deed

Copy of the mortgage clearance Letter (required only if the unit has an active mortgage to be withdrawn or discharged)

Copy of the loan/ facility agreement (Required only if the unit is to be mortgaged)

Copy of POA and passport copy of the POA( Required only if a third party is acting on behalf of the seller or buyer)

Tenant’s Notice communicating transfer (This is required only if the unit has an active lease.

RORP System Generated Forms:

Please upload a scanned copy of all the forms generated by the system upon finalizing the request. The forms must be signed and scanned with a high resolution.

Payments required

o Lodgement of Application fee USD 100 (AED 367.5) – to be paid by the buyer. o Withdrawal of Caveat fee USD 100 (367.5) if applicable – to be paid by the seller. o Registration fee is 5% over the total value of the property payable to the Dubai International Financial

Centre Authority.

Transfer of freehold between a company and its sole shareholder(s), or between company whose

beneficiary is the shareholder(s) of the other company

This process should be submitted manually and cannot be completed through the portal. Please note that the same requirements under on plan and off plan purchases apply, except for the below:

o The sales and purchase agreement can be substituted by a letter from the shareholder(s) confirming the transfer of the freehold between the 2 parties.

o The freehold transfer fees of 5% are not applicable. o Fees of USD 273 (AED 1003) will be required. o This case is applicable only of the shareholders hold the same percentage of interest in the property

and the entity.

Withdrawal of Caveat

This section sets out the requirements if a party is requesting to withdraw recorded caveat in a real property lodged with the RORP.

On plan and off plan properties:

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Signed Withdrawal of Caveat form by the interest holder (Withdrawal of Caveat form No. 43).

Relevant document specifying the nature of interest withdrawal - if relevant.

Passport copy if the interest holder is an individual.

If the interest holder is a legal entity, board Resolution approving the transaction and appointing the

signatories who will carry out withdrawal of the caveat (Original passport of the assigned signatories to be

submitted for verification). This document must be notarised by the issuing authority if the entity is within the

UAE. For overseas entities, the resolution needs to be attested by the UAE Ministry of Foreign Affairs.

Payments Required

Withdrawal application fee USD 100 (AED 367.5)

Adding & Removing Co-Owner

This section sets out the requirements if a Co-Owner is to be added as a “tenant in common”, where each owner owns an undivided share in the property, however, they are not considered the owner of the whole property but only a specified percentage of the property. This section is not applicable to “Joint tenants”, as any changes would require transfer of the entire enters as per 4.2.

Adding/Removing a Co-Owner (Tenants in Common)

To register person(s) expressing interest as tenants in Common in a registered real property in DIFC.

Off Plan Property:

Documents to be submitted by the Seller

o Signed Withdrawal of Caveat form (Withdrawal of Caveat form No. 43) indicating the percentage of a lot being sold.

o If the seller is an individual, a copy of the seller’s passport is required. o If the seller is a Legal Entity, a board Resolution approving the transaction and appointing the

signatories who will carry out withdrawal of the caveat (Original passport of the assigned signatories to be submitted for verification). This document must be notarised by the issuing authority if the entity is within the UAE. For overseas entities, the resolution needs to be attested by the UAE Ministry of Foreign Affairs.

o If the property is owned by more than one owner, an attested consent letter from the remaining co-owners approving the sale to the new buyer will be required.

Documents to be submitted by the Buyer

o Identification documents as per 4.5 on page 5. o No Objection Letter from the developer introducing the Co-Owner, property details, and the

documents submitted in support to the lodgement of Caveat. o Signed Caveat Form (Caveat form No. 42) mentioning clearly the percentage of interest. o Signed background information sheet (From No.101) o Signed Freehold Transaction Return (Freehold Transaction Return form No. 46). o Copy of the Sales Purchase Agreement or any other written legal document established over the

specified property of which the Co-Owner is introduced - accordingly signed by both parties. o Proof of all payments made, showing date and method - if applicable. o Transfer of Freehold Ownership (Form No. 5) o Proof of all payments made, showing date and method.

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Payments Required

o Lodgement of Caveat fee USD 100 (AED 367.5) - paid by buyer. o Withdrawal of Caveat fee USD 100 (AED 367.5) if applicable - paid by the seller. o Registration fee is 5 % over the ownership share acquired of the property for Tenant in Common Co-

Ownership, payable to the Dubai International Financial Centre Authority. On Plan Property:

Documents to be submitted by the Seller

o Signed Withdrawal of Caveat form (Withdrawal of Caveat form No. 43) in case of an active caveat recorded over the unit.

o Original Title deed. o If the seller is an individual, a copy of the seller’s passport is required. o If the seller is a Legal Entity, a board Resolution approving the transaction and appointing the

signatories who will carry out withdrawal of the caveat (Original passport of the assigned signatories to be submitted for verification). This document must be notarised by the issuing authority if the entity is within the UAE. For overseas entities, the resolution needs to be attested by the UAE Ministry of Foreign Affairs.

o If the property is owned by more than one owner, an attested consent letter from the remaining co-owners approving the sale to the new buyer will be required.

Documents to be submitted by the Buyer

o Identification documents as per 4.5 on page 5. o No Objection Letter from the body corporate introducing the Co-Owner, property details, and the

documents submitted in support to the lodgement of the application. o Signed Freehold Transaction Return (Freehold Transaction Return form No. 46). o Signed background information sheet (From No.101) o Copy of the Sales Purchase Agreement or any other written legal document established over the

specified property of which the Co-Owner is introduced - accordingly signed by both parties. o Proof of all payments made, showing date and method - if applicable. o Transfer of Freehold Ownership (Form No. 5) o Proof of all payments made, showing date and method.

Payments Required

o Lodgement of Application fee USD 100 (AED 367.5) - paid by buyer. o Withdrawal of Caveat fee USD 100 (AED 367.5) if applicable- paid by the seller. o Registration fee is 5 % over the ownership share acquired of the property for Tenant in Common Co-

Ownership, payable to the Dubai International Financial Centre Authority.

Mortgages

This sections sets out the requirements for mortgage related transactions such as recoding a caveat for a mortgage interest or mortgage registration. Please note that all mortgages registered or recorded with DIFC Registries must be approved by a bank listed with DIFC as a provider for property financing facilities. For more details on how to list a bank or a financial institution with DIFC, please email us on [email protected].

Mortgage Registration

This section sets out the requirements to register a mortgage on a plot or unit located within the DIFC with the DIFC Registrar of Real Property. Mortgage registration must be done by the mortgagee, who has an interest in real property located in DIFC, to establish a mortgage in a particular property.

Off Plan Property

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Copy of the financing (Islamic or Conventional) agreement between the mortgagee and the mortgagor.

Caveat Form submitted, signed, and stamped by the mortgage provider (Caveat form No. 42).

Mortgage Registration Form submitted, signed, and stamped by the mortgage provider (Mortgage form No.

19). This document will be recorded upon registering the strata plans for the same development.

On Plan Property

Copy of the financing (Islamic or Conventional) agreement between the mortgagee and the mortgagor.

Mortgage Registration Form submitted, signed, and stamped by the mortgage provider (Mortgage form No.

19).

Payments Required

o Lodgement of Caveat fee USD 100 (AED 367.5) (Required for off plan properties only). o Islamic Mortgage Registration fee of USD 273 (AED 1,003). o Conventional Mortgage Registration fee USD 100 (AED 367.5).

Discharge of Mortgage

This section sets out the requirements of discharge of mortgage on the registered real property. This procedure applies when the mortgagee decides to remove his/her interest in the registered real property in DIFC.

o Discharge of Mortgage Form (From No. 21) signed and stamped by the mortgage provider. o Return of the original Mortgage Confirmation Letter issued by the Registrar of Real Property for the

respective mortgage released in case of off plan properties. Return of the original title deed in case of on plan properties.

o Clearance letter issued by the mortgage provider signed by the authorised signatory introduced to the DIFC and stamped.

The Bank/Finance Company Clearance Letter would need to be addressed to the attention of The Registrar of Real Property, Dubai International Financial Centre, 14th floor - The Gate Building, P. O. Box: 74777, Dubai UAE.

Payments Required

o Discharge of Mortgage fee USD 100 (AED 367.5)

Variation of Mortgage

This section sets out the requirements to register any variation made to the registered mortgage. This process can be applied by the mortgage provider that has a registered interest in real property in DIFC for variation in the mortgage term or amount.

Variation of Mortgage Form (Form No. 20).

Copy of amended mortgage agreement or extended offer agreement.

Payments Required

o Variation of Mortgage fee USD 100 (AED 367.5)

Leases

Lease/Sub-lease Registration is required for real properties that are leased for a term exceeding one year (including

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any option to renew whether exercised or not). The lease must be registered within 28 days from the date of signing the lease agreement. Failure to register the lease within the agreed time frame will result in a penalty of USD 1,000.

RoRP lease related services can only be accessed through the DIFC Client Portal. If you wish to submit a request for lease registration, lease surrender or Termination, then please obtain access to the DIFC Client Portal by following the steps below:

Please visit the following link: https://portal.difc.ae/signin

Navigate to the panel on the left side and click on ‘Request Access for Non DIFC clients’.

Fill in the Property Services Access request form and upload a valid passport copy then click ‘Submit’.

Upon submission, the system will send a notification to the email address provided with user access details.

Lease Registration

Lease registration of properties with the DIFC must be submitted through the DIFC Client Portal.

Before filling the form, please note the below conditions:

Commercial units such as offices and retail shops can only be leased by Companies or Partnerships

registered in the DIFC or are under formation at the time of Lease Registration.

Companies leasing residential units will be asked to provide occupant details.

A lease must be registered within 28 days of the date of entering into the Lease Agreement and a penalty of

USD 1,000 applies in case of failure to register within 28 days. Please refer to DIFC Real Property Laws and

Regulations for further details.

All the documents uploaded on the service request must be clear. Failure to submit clear scanned copies will

result in rejecting the request

Documents to be uploaded

o Copy of the Transfer of Freehold Ownership (Form No. 5) signed by the Landlord and Developer for off plan properties OR Copy of the title deed for on plan properties.

o Copy of the Lease agreement signed by both parties. The agreement must be as per DIFC laws and Regulations.

o Copy of the landlord’s passport in case of an individual. Copy of the commercial license in case of a company landlord.

o For individual tenants, the documents below are required:

Copy of the passport with the visa page of the tenant.

Copy of Emirates ID (front & back side). o For company tenants, the documents below are required:

Copy of the commercial license or certificate OR DIFC initial approval if the company is under formation.

Copy of the passport of the authorised signatory as per the commercial license o Copy of the power of attorney in case of a third parting acting on behalf of the landlord or the tenant,

you might be required to provide the original copies for verification purposes. o Signed copy of the lease registration form. This document will be generated by the system and must

be printed, signed and the uploaded to the service request.

Submission Process

o Please ensure the account balance is topped up before submitting this request o Login to the DIFC Client Portal using your user access details. o Navigate to “Property Services”

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o Click on “Lease Registration” o Fill in the required fields on the service request then click ‘Save’ o The system will direct you to the next page. Review the details entered then add the tenant details

and the landlord details. Please ensure all the information provided is accurate. o Once the landlord and tenant details are entered, navigate to ‘Download/Upload Doc’ to upload the

documents as per the requirements above. o Click on ‘Submit’. A pop up message will appear informing the user that a Lease Registration form

has been generated. o Click on ‘Download/Upload Doc’ at the bottom of the page and print the generated document (please

refer to the document with the status ‘Generated’) o Obtain the required signature on the form and upload a scanned copy of the signed document to the

portal. o Click on ‘Submit” and confirm the payment. o Upon receipt of the service request, registry services team will review the request and a Lease

Registration Certificate will be issued. In case of any pending requirements or information, the service request will be returned for more information or for re-upload. An email notification and SMS will be sent accordingly. If you wish to have more information on the return process then please check the video guide for ‘Closing pending actions on the portal’ available on this link: https://portal.difc.ae/signin

o A system generated email will be sent, once the lease certificate is ready for collection.

Payments Required

o AED 367.50

Surrender / Termination of Lease and Sublease

Surrender or Termination of a lease can only be submitted through the DIFC Client Portal.

Before filling the service request, please note the conditions below

The lease must be registered with the DIFC Real Property in order to be surrendered or terminated.

The lease must be active

All the documents uploaded on the service request must be clear. Failure to submit clear scanned copies will

result in rejecting the request.

Documents to be uploaded

o Copy of the Lease agreement signed by both parties. o Copy of the landlord’s passport in case of an individual. Copy of the commercial license/certificate in

case of a company landlord. o Copy of the tenant’s passport if the tenant is an individual / Copy of the commercial license or

certificate and passport copy of the authorised signatory in case of a company tenant. o In case of Lease Surrender, the documents below will be required: o Signed Lease Surrender form signed by both the tenant and the landlord. This form is generated by

the system and should be printed, signed and then uploaded to the service request. o Letters issued by the tenant confirming the surrender of lease. o In case of Lease Termination, the documents below will be required: o Evidence to support the termination such as copies of notices sent to the tenant due to default in

payment or Court Order. o Copy of the Lease agreement and arrangement of sublet.

Submission Process

o Please ensure the account balance is topped up before submitting this request.

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o Login to the DIFC Client Portal. Navigate to Property Services. o Click on ‘Surrender/Termination of lease and sublease’ o Complete the request by filling the required fields and click on ‘Save’. o The system will direct you to the next page. Review the details entered then add the tenant details

and the landlord details. Please ensure all the information provided is accurate. o Once the landlord and tenant details are entered, navigate to ‘Download/Upload Doc’ to upload the

documents as per the requirements above. o Click on ‘Submit’. o If the request is submitted for Surrender of lease, additional steps will be required:

A pop up message will appear informing the user that the Surrender form has been generated.

Click on ‘Download/Upload Doc’ and print the generated document (please refer to the document with the status ‘Generated’)

Obtain the required signature on the form and upload a scanned copy of the signed document to the portal. o Click on ‘Submit” and confirm the payment. o Upon receipt of the service request, registry services team will review the request. In case of any

pending requirements or information, the service request will be returned for more information or for re-upload. An email notification and SMS will be sent accordingly. If you wish to have more information on the return process then please check the video guide for ‘Closing pending actions on the portal’ available on this link: https://portal.difc.ae/signin

o A system generated email will be sent, once the process is completed.

Fees

o AED 367.50

Official Search

This section sets out the requirements in order to extract information on a lot registered in the DIFC. A person who is in the course of acquiring an interest in real property may apply to the RORP for an official search for the property concerned.

An official search request letter addressed to the RORP specifying the unit/plot number intended for search,

and purpose of the search.

Identification proof of the party seeking official search (passport copy for individuals or Commercial License

copy for business entities).

Payments Required

o Official Search per unit Fee is USD 200 (AED 735)

For any questions please contact us:

Telephone: 04 362 2582

Email: [email protected]

Visit us: Level B1 (Marble Walk) The Gate, DIFC