Dubai Jointly Owned Property Rules apply to properties where individual units are privately owned while certain areas and facilities are shared by multiple owners. This commonly includes apartment buildings, residential towers, mixed-use developments and other communities with common facilities.
The rules are designed to explain how shared areas are managed, how service charges are collected, what owners can and cannot do with their units, and how owners participate in the management of the property. Dubai’s framework is principally set out in Law No. (6) of 2019 concerning jointly owned real property in Dubai, together with the regulations and decisions issued under it.
What Is a Jointly Owned Property?
A jointly owned property is a development where individual units belong to separate owners while certain parts of the building or development are shared.
Examples of common areas and facilities can include:
- Building entrances and lobbies
- Corridors and lifts
- Swimming pools
- Gyms
- Gardens
- Shared parking areas
- Building systems and equipment
- Other common facilities
The individual owner has rights over their own unit, while the common parts are subject to the jointly owned property framework and applicable community rules.
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How Are Jointly Owned Properties Managed?
Management involves several parties with different responsibilities.
A management company may be appointed to manage the jointly owned property, including the operation, maintenance and repair of common facilities.
The owners’ committee provides a mechanism for eligible owners to participate in the oversight of the property and the management arrangements.
The regulatory framework also provides rules concerning management contracts, service charges, budgets, auditing and common facilities.
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Owners’ Rights in a Jointly Owned Property
Owners have rights relating to their private units as well as participation in matters concerning the jointly owned property.
These rights can include:
- Using their privately owned unit in accordance with applicable rules
- Using common areas and facilities according to the building and community regulations
- Participating in the owners’ committee where eligible
- Receiving information relating to approved service charges
- Raising complaints concerning management or common facilities
- Accessing approved information relating to service and usage charges
- Participating in meetings and committee activities where applicable
Owners’ rights are subject to the law, the jointly owned property declaration, building management regulations and other applicable community rules.
Owners’ Responsibilities
Ownership also comes with financial and practical responsibilities.
An owner is generally responsible for paying their share of approved service charges and usage charges.
These charges contribute toward the management, operation, maintenance and repair of common areas and facilities. The owner’s share of common service charges is calculated according to the applicable approved method, including the area of the owner’s unit in relation to the jointly owned property.
An owner cannot simply avoid these obligations by choosing not to use a particular common facility.
The framework also requires owners and occupiers to follow the applicable statute, community declaration, building management regulations and other rules governing the property.
What Are Service Charges?
Service charges are annual charges collected from owners to cover the costs of managing, operating, maintaining and repairing jointly owned property.
Depending on the development, they can include costs associated with:
- Security
- Cleaning
- Maintenance
- Building management
- Insurance
- Utilities
- Common facilities
- Administrative expenses
- Major or emergency repairs
The approved service-charge budget is subject to the applicable review and approval process.
How Are Service Charges Calculated?
The amount payable by an individual owner is not necessarily the same as the amount paid by another owner.
The calculation is based on the applicable approved methodology and the owner’s share of the jointly owned property. The official Service Charge Index allows owners to check approved service-charge information for eligible projects.
Owners can use the available online service to select the project, use and relevant year and view the approved information.
Can Owners Challenge Service Charges?
Service charges for jointly owned properties are subject to an approval and auditing framework rather than being set entirely at the discretion of a management company.
The annual budget can include supporting information such as service contracts, maintenance agreements, insurance costs, utility expenses and an external financial audit report.
If an owner has concerns about charges or management, the appropriate complaint and regulatory channels can be used rather than simply refusing to pay an approved amount.
What Is the Owners’ Committee?
The owners’ committee provides a formal mechanism for eligible unit owners to participate in the management oversight of a jointly owned property.
Under the current framework, an owners’ committee is formed when at least 10% of the total units have been registered in the names of their respective owners, subject to the applicable conditions.
The committee can have an important role in reviewing management matters and representing owners’ interests within the limits established by law.
Who Can Become a Committee Member?
The applicable conditions include requirements such as:
- Being legally capable
- Being an owner residing in the jointly owned property
- Having good conduct and reputation
- Being up to date with service and usage charges
- Attending and actively participating in committee meetings
The committee also elects a chairman from among its members.
What Does the Owners’ Committee Do?
The committee’s responsibilities include oversight of how the management entity performs its duties concerning the jointly owned property.
Its role can include checking that the common areas are being managed, operated, maintained and repaired in accordance with the applicable requirements.
It can also consider matters concerning the use of common areas and make proposals regarding management and building regulations within the powers provided by the framework.
The committee does not replace the legal or regulatory authority responsible for the wider regulation of jointly owned properties.
What Is the Management Company’s Role?
The management company is responsible for the day-to-day management of the jointly owned property where it has been appointed for that purpose.
Its responsibilities can include:
- Managing common areas
- Maintaining shared facilities
- Coordinating repairs
- Managing service providers
- Responding to owners’ enquiries
- Handling approved service-charge matters
- Supporting the operation of the building
The management company must operate within the applicable licensing, regulatory and contractual framework.
Can an Owner Change the Exterior of a Property?
Owners do not have unlimited freedom to alter their unit or the building.
The jointly owned property framework restricts alterations or modifications that materially affect the unit, the jointly owned property or its external appearance, except where permitted by the applicable rules.
If an owner makes an unauthorized alteration and causes damage, the owner can be responsible for restoring the affected area and paying the resulting costs.
This is particularly important for changes involving:
- External walls
- Balconies
- Windows
- Building façades
- Structural elements
- Shared facilities
- Areas visible from outside the building
Before carrying out significant work, an owner should check the building’s applicable regulations and obtain any required approvals.
Can Owners Use Common Facilities Freely?
Owners and occupants can use common facilities, but that use is subject to the rules applicable to the property.
For example, a swimming pool, gym, parking area or landscaped space may have operating hours, safety requirements or community rules.
An owner’s right to use common areas does not mean they can change, occupy or privately control those areas.
What Happens If a Tenant Does Not Pay Service Charges?
The owner generally remains responsible for the applicable service and usage charges even where the unit is rented.
The official guidance states that, unless the lease provides otherwise, the owner is liable for these charges, and the owner cannot be discharged from that liability simply because the tenant fails to pay them.
This is an important distinction for landlords because the rental agreement between the owner and tenant does not necessarily remove the owner’s obligations under the jointly owned property framework.
What Happens If There Is a Problem With Building Management?
Owners should first document the issue and communicate with the management company through the appropriate channel.
Depending on the nature of the problem, an owner may then use the available regulatory complaint system.
For example, official guidance states that owners can submit complaints through the Dubai REST application and the Real Estate Violations System for certain issues involving service disconnection.
The appropriate route can depend on whether the issue concerns service charges, maintenance, management, common facilities or another legal matter.
What Should Buyers Check Before Purchasing a Unit?
Before purchasing a unit in a jointly owned development, a buyer should understand not only the apartment or villa itself but also the obligations connected to the wider property.
Important checks include:
- Current service charges
- Approved service-charge information
- Building management rules
- Common facilities
- Maintenance arrangements
- Any outstanding amounts
- Parking rights
- Restrictions on alterations
- Community rules
- Major planned maintenance or repairs
- The condition of shared facilities
This can help a buyer understand the ongoing responsibilities attached to the property before completing the purchase.
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Landlords also need to understand that renting out a unit does not remove their responsibilities as property owners.
They should ensure that tenants follow the building’s applicable rules concerning:
- Common facilities
- Noise
- Parking
- Alterations
- Building access
- Safety
- Waste disposal
- Other community requirements
The owner remains responsible for complying with the obligations attached to ownership even when another person occupies the unit.
What Owners Should Do Before Making Major Changes
Before making a significant alteration to a unit, the owner should follow a clear process:
Step 1: Check the building and community regulations.
Step 2: Determine whether the proposed work affects a common area, structural element or external appearance.
Step 3: Obtain the required approvals before starting work.
Step 4: Use qualified contractors where required.
Step 5: Keep copies of approvals and related documents.
This can help prevent disputes and potential restoration costs.
Final Takeaway
Dubai Jointly Owned Property Rules create a framework for managing buildings and developments where individual owners share common areas and facilities.
Owners have rights to use their units and common facilities, participate in eligible owners’ committees and receive information concerning approved service charges. At the same time, they have responsibilities to pay applicable charges, follow building and community rules and avoid unauthorized alterations that affect the property or its common areas.
For buyers, understanding these responsibilities before purchasing a unit is just as important as checking the property itself. Service charges, management arrangements, building regulations and common facilities can all affect the long-term ownership experience.
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