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Understanding the Appeal Process for Real Estate Disputes in Dubai

Disputes over land properties can be very tiring and draining on both parties in Dubai, as in any other real estate market around the world. The appeal process in Dubai will involve all that is outlined below, and this will make it easy for all parties involved in a real estate dispute to appeal against a decision without fear or hesitation.

Initiating the Appeal

If a real estate dispute is found in Dubai, then one has to approach the Department of Land and Real Estate, DLD, through a complaint. This basically starts off the dispute resolution process, which may involve hearing before a committee. Where there is dissatisfaction with this verdict of this committee, then an appeal can be filed by either party. The time limit for appeal of a judgment issued by the First Instance Division is fifteen (15) days from the day following the date of the hearing in which the judgment was issued.

To appeal a real estate dispute in Dubai, you will need to prepare Documents

The following are the necessary documents that need to be prepared in appealing the dispute on real estate in Dubai:

  • A detailed memorandum of explanation outlining the reasons for the appeal.
  • Correspondence, notifications, fines, utility bills, checks, and letters related to the case are among the documents supporting.
  • A certified copy of the Power of Attorney is to be sent if there is a change in the representation of the law firm.
  • Emirates Identification.
  • In case the legal representative is a law firm, then it must possess a copy of the Commercial License, along with an authorization or Power of Attorney from it.

Appeal Fees

The appellant would be required to pay an appeal security fee, which would be half the amount awarded by the First Instance Committee in its original judgment; this fee is refundable.

In addition to these fees for services, the following are to be paid:

  • AED 100 for the advertisement fee.
  • AED 25 for power of attorney registration, if any.
  • AED 10 services knowledge fees.
  • AED 10 innovation fees.
  • If the appeal is filed through a Real Estate Services Trustees Center, an additional service partner charge of AED 130 (plus VAT) must be paid.

Read more how to File a Rental Dispute Complaint at the Dubai Rental Dispute Centre

Procedure to Appeal Real Estate Disputes in Dubai

There are two main ways for filing an appeal in a real estate dispute in Dubai:

  1. Through the Dubai Land Department (DLD) website:
  • Step I: Sign-up and creation of the account (if this is the first time the customer is utilizing the service), or logging into the system and selecting the service.
  • Step II: Submission of the documents.
  • Step III: Payment of service fees.
  • Step IV: Participating in the hearing through the remote litigation system.
  • Step V: Receive a judgment from the website.
  1. Through the Real Estate Services Trustees Centers:
  • Step I: The client will move to the service center (Real Estate Services Trustee).
  • Step II: The client will submit the required documents to an employee, so that none is missing.
  • Step III: A record of details of transaction shall be made by an employee, and it will be audited and approved.
  • Step IV: The client will pay the fees and get the payment receipt.

You may want to know How to resolve Rental Disputes: What’s the Best Way to Pay?

Attending the Hearing

During the hearing, both sides will have an opportunity to present their arguments and supporting evidence before a judge who will then make a decision based on this information and the relevant laws that apply.

Obtaining the Judgment

After the hearing, the final judgment will be available on the RDC system’s website for the interested parties.

Seek the assistance of Legal Expertise

The process of real estate disputes appeal in Dubai can be confusing, but our team of experienced property lawyers at HHS Dubai Lawyers is ready to guide you all the way. We will keep you updated with the latest laws of Dubai and how disputes can be peacefully settled. We’ll make sure you don’t lose your rights and interests; with us, you can be sure of positive results. It could be in preparing the required documents, helping you file the appeal, attending the hearing, or enforcing the final judgment; our property lawyers have the expertise to ensure that your case is favorably decided.

Hire HHS Lawyers in Dubai as your reliable partner in resolving your real estate disputes in Dubai through the appeal process.

Read more about A Property Dispute in Dubai For Breach of Contract

 Frequently Asked Questions (FAQs)

Q1. What is the appeal security fee?

It is half of the original judgment paid and functions as a bond that assures the good faith filing of an appeal. If your appeal is successful, you get your money back.

Q2. May I represent myself while filing an appeal?

It is advisable to take the services of a lawyer, who is well-equipped and knowledgeable of the whole process of an appeal from filing in the legal court and should defend you during the process and defend your legal interests.

Q3: Can judgments from the Appellate Division be reviewed?

A: The judgments of the Appellate Division will be final and not subject to any form of appeal. The judgment shall be enforced in accordance with the procedures and rules adopted by the RDC.

Q4. May a landlord appeal such a decision if it does not work for him?

Yes, the landlord is entitled to appeal such a decision he believes is not fair or against the laws and regulations of Dubai.

Q5. What happens if my appeal is successful?

If successful, the judgment will be overturned, and you will be issued a new judgment in your favor. Also, your appeal security fee will be refunded.

Q6. Can I settle the dispute through mediation rather than going through the appeal process?

Yes, mediation is encouraged as the first step in resolving real estate disputes in Dubai. If the mediation process is unsuccessful, then you can proceed with the litigation procedure.

Q7. Is there any deadline for filing an appeal in real estate disputes in Dubai?

Yes, there is a deadline of filing an appeal, usually fifteen (15) days from the day when the original judgment was served. The deadline is always very tight; hence it is important to keep track of it to make sure that your appeal is accepted.

Hazim Darwish

Hazim Darwish, is a Senior Partner of HHS Lawyers in UAE. Practicing law for almost a decade, he has in-depth knowledge on UAE legislation with particular expertise on legal drafting, contract drafting, labor disputes, family law, and regulatory compliance for business organizations. Hazim Darwish also provides counsel on legal rights and obligations in the UAE to clients, including individuals and businesses subject to investigation or prosecution under Criminal Law by major regulators.