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When buying off-plan property in Dubai, get a good lawyer
Gulf News
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2/12/2025
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Elaine Jones, founder of Asteco, shares practical tips when buying a home in Dubai in this edition of Gulf News Property Weekly's Real Estate Market Talks
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00:00
If you are planning to buy property in Dubai, be a local investor or an international one,
00:07
there are a few things you need to know.
00:09
Elaine, welcome.
00:13
Well, for investors who are planning to buy off plan, what would your first advice or
00:23
tip be for them?
00:25
If you are planning to invest in property in Dubai, then what is the criteria against
00:30
which you are investing?
00:32
If you are buying because you are going to be an owner-occupier, there will be a very
00:35
different set of pre-qualifications that you will address to make sure the property suits
00:41
you.
00:42
If you are buying as an investor, perhaps now we would be looking more closely at numbers,
00:49
how much property is being released into the market, do we see capital growth, what do
00:54
we see the trends with regards to rental income.
00:57
So buying property off plan, whilst the payment terms can be and appear very attractive, the
01:03
amount of due diligence that's needed is far greater than buying a property that's actually
01:08
completed.
01:09
Do I go to banks?
01:11
Is that the place who do the due diligence?
01:13
Are there evaluation companies who do it?
01:15
I would propose that you would use a lawyer who will make sure that the paperwork is in
01:20
order.
01:21
The paperwork will come to our ownership documentation, proving that the person who is selling the
01:26
property to you is indeed the seller, ensuring that the property through the NOC from the
01:32
master developer will confirm that the property that you have been presented with is actually
01:37
fully approved, the paperwork is all in order, asking the homeowners association, can you
01:44
please tell us what the debt situation is, are there any outstanding debts, is there
01:49
something to be concerned about, what is the status of the homeowners association.
01:55
So they're very basic things, then you go to the wider circle and have someone, maybe
02:01
it would be a property valuation company, to actually give you a great insight into
02:06
what else is already built, going to be built, what are the change in dynamics in that neighbouring
02:12
area.
02:14
And the amount of due diligence that has been done here over the past few years has been
02:17
shockingly little, but I think that people have now woken up to the fact, no, we have
02:22
to do proper study to understand what is the viability and success of my investment, but
02:28
already we are way ahead of where we were in 2002, 3, 4, 5 when we were selling previously.
02:35
Yes, because the accrued system is in place, the escrow is in place and the title deed
02:40
owner receives a unit site plan as well.
02:43
Exactly, so we're a long way ahead and if we consider that actually all this has happened
02:48
in about 15, 16 years, we've come a long way and the issue is here, that because we are
02:55
a new country, that actually Dubai municipality, the master developers in Dubai lands department
03:02
have got exceptional records of everything that is built, the sites allocated, unlike
03:10
more mature countries or markets where you find that people come out of the woodwork
03:16
some years later claiming that they own the property or they own the road, so at least
03:22
we don't have all that.
03:23
It's pre-set.
03:24
We're actually lucky from that standpoint, it's a much cleaner industry in knowing who
03:30
owns what and where precisely that property is.
03:34
Residents are now kind of interested to put in their homes on short term rent, but would
03:40
you advise them, how would you advise them to look at the other sides and the loopholes
03:45
and to have their checks and balances in place?
03:48
Short term rental will depend on, now are we talking about an individual villa somewhere
03:53
or are we looking at a building because when you buy your property, the jointly owned property
03:59
declaration will make it quite clear as to whether you are allowed to sell that property
04:04
for short term rental or if you're allowed to operate it as short term rental and you'll
04:08
find that in most of the more private communities, it's just not permitted and that comes down
04:17
to security and let's not forget, one of the most valuable parts of living here is the
04:24
high level of security, it is so important to us.
04:27
So when properties are rent out on a short term basis, the due diligence on who is that
04:32
person and I accept and acknowledge that people's passports do have to be sent through to the
04:37
police within 15 minutes of checking in, great, but also for the neighbours, imagine there's
04:45
25 of us living in a road, we know 20 of the families, they're there all the time and then
04:51
five houses have got people that we don't know who just sort of pitch up and are there
04:56
for a week or two, it impacts the whole thing and in buildings, it's the same.
05:02
So if you have an interest in short term furnished rental, I would recommend that you buy in
05:06
a purpose built short term rental opportunity where you can buy a hotel room or a suite
05:13
or a furnished apartment that is managed on the basis that that's for a short term rental
05:18
opportunity.
05:19
Okay, so instead of having a villa in a community given for short term, it's better to have
05:24
probably these short term...
05:26
They're buildings, so you can have particular locations that are designated, that have complied
05:32
with DTCM, the police, fire life and safety, all those things and it's operated all over
05:40
the world, it's all done on the internet when it comes to the booking and occupancy, but
05:45
all these things have consequences, so if you're going to do short term furnished, you
05:49
buy in a project that is designated for short term rental, go with it.
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0:47
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