Abu Dhabi Real Estate Law

Abu Dhabi Law No. 3 of 2015 · Abu Dhabi

Official title
Law No. (3) of 2015 Concerning the Regulation of the Real Estate Sector in the Emirate of Abu Dhabi
Instrument
Abu Dhabi Law No. 3 of 2015
Issued by
Ruler of Abu Dhabi
Jurisdiction
Abu Dhabi
Dates
issued 10 June 2015
Status
in force (amended)
Amended by
Law No. 2 of 2025
Topics
Real estate
Official source
adrec.gov.ae
Full text
English official text — 90 articles, 13,392 words, from the official text
Verified
29 October 2026
Print

Abu Dhabi real estate sector law of 10 June 2015, effective six months after Gazette publication: developers must be entered in the Real Estate Development Register, off-plan sales need a project escrow account and Department approval, and off-plan transfers are recorded in official registers; the Abu Dhabi Real Estate Centre lists it as amended by Law No. 2 of 2025.

Summary

Law No. (3) of 2015 is Abu Dhabi's real estate sector law. In 90 articles it licenses everyone who works in the sector, makes developers register before they sell, puts off-plan buyers' money into project escrow accounts, creates an Initial Real Estate Register for off-plan dispositions, codifies real estate mortgages and foreclosure, and sets up owners' associations for jointly owned buildings. The Ruler of Abu Dhabi issued it on 10 June 2015 and, under Article 90, it became effective six months after publication in the Official Gazette. The text read here is the 2015 original in the Department of Urban Planning and Municipalities compilation hosted by the Abu Dhabi Real Estate Centre; the index records a later amendment by Law No. 2 of 2025, which should be checked for current detail.

Article 5 bars anyone from acting as developer, broker, broker's employee, auctioneer, owners' association director, valuer or surveyor without a Department licence, renewable annually, and denies an unlicensed person any fee or commission. Article 7 requires brokers to sign the Department's form of brokerage contract and register it within 15 days.

Articles 12 to 17 govern development. A developer must be registered in the Real Estate Development Register (Article 12); off-plan advertising needs written permission issued within 30 days (Article 14); and Article 15 allows an off-plan sale only once the project is approved, the plans are deposited, the developer holds or controls the land, an escrow account is open and the Department has approved the unit disclosure statement, with the buyer paying by construction progress unless otherwise agreed. Article 17 lists the material breaches that let either side rescind after notice.

Articles 18 to 26 are the escrow regime: one account per project with an accredited account trustee, no drawdown until 20% of construction is complete (Article 19), no attachment of the funds (Article 20), quarterly and audited annual trustee reporting (Article 21), project financing paid into the account (Article 23), a performance bond of at least 5% of project value held for a year after completion (Article 24), cancellation and delay penalties where buyers of 5% of sold units complain or delivery is more than six months late (Article 25), and an order of distribution if the project fails (Article 26). Articles 27 to 31 make off-plan dispositions binding only when entered in the Initial Real Estate Register, require transfer to the main Register on completion, and adjust the price for area variances above 5% with a right to rescind above 10%.

Articles 32 to 57 regulate mortgages, which may be taken only by Central Bank-licensed lenders, and foreclosure. Articles 58 to 76 cover development plans and owners' associations, which Article 64 makes non-profit legal persons. Articles 77 and 78 set the penalties, Articles 79 to 81 licence cancellation and developer de-registration, and Article 84 gave licensees 90 days and developers 12 months to regularise.

Who it applies to

Developers, brokers and their employees, auctioneers, valuers, surveyors and owners' association directors working in the Emirate of Abu Dhabi; buyers, financiers and mortgagees of off-plan and completed units, including ADGM and free zone companies holding Abu Dhabi property; account trustees managing project escrow accounts; owners' associations; and the Department as regulator.

Contents

English official text in 90 articles. Open the full text or jump to a provision:

  1. Article 1
  2. Article 2
  3. Article 3
  4. Article 4
  5. Article 5 — License
  6. Article 6 — The Code of Conduct
  7. Article 7 — Rights and Obligations of the Broker
  8. Article 8 — Functions of the Valuer
  9. Article 9 — Obligations of the Valuer
  10. Article 10 — Functions of the Surveyor
  11. Article 11 — Obligations of the Surveyor
  12. Article 12 — Obligation of Registering the Developer
  13. Article 13 — Registration of Real Estate Projects
  14. Article 14 — Marketing Real Estate Development Projects Sold Off-Plan
  15. Article 15 — Off-Plan Sale
  16. Article 16 — Inadmissibility of Imposition of Registration Fees
  17. Article 17 — Breach of Execution of the Off- Plan Sale Contract
  18. Article 18 — Opening the Project Escrow Account
  19. Article 19 — Disposition of the Funds Deposited in the Project Escrow Account
  20. Article 20 — Attachment of the Funds Deposited in the Project Escrow Account
  21. Article 21 — Obligations of the Account Trustee
  22. Article 22 — Access to Data
  23. Article 23 — Mortgage of the Real Estate Related to the Real Estate Development Project
  24. Article 24 — Amount of the Performance Bond
  25. Article 25
  26. Article 26 — Failure to Complete the Project
  27. Article 27 — Obligation of Registering the Dispositions
  28. Article 28 — Registration Responsibility
  29. Article 29 — Disposition of the Registered Real Estate units
  30. Article 30 — Moving the Registration to the Real Estate Register
  31. Article 31 — Area of the Real Estate Unit
  32. Article 32 — Mortgagee
  33. Article 33 — Mortgagor and Mortgage
  34. Article 34 — Comprehensiveness of the Mortgage
  35. Article 35 — Registration of Mortgage
  36. Article 36 — Consideration for Mortgage
  37. Article 37 — Enforcement of the Mortgage
  38. Article 38 — Restrictions on Dispositions
  39. Article 39 — Ownership Clause
  40. Article 40 — Rights of the Mortgagor
  41. Article 41 — Loss of the Mortgaged Property
  42. Article 42 — Claiming the Debt
  43. Article 43 — Assignment of Rights and Ranks
  44. Article 44 — Secured Mortgage Sum
  45. Article 45 — Rank of the Mortgage
  46. Article 46 — The Right to Trace Mortgaged Property
  47. Article 47 — Insurance of the Mortgaged Property
  48. Article 48 — Termination of Mortgage
  49. Article 49 — Musataha and Usufruct Rights
  50. Article 50 — Long-Term Lease
  51. Article 51 — Termination of Special Mortgages
  52. Article 52 — Mortgage of Contractual Rights
  53. Article 53 — Notifications of Violation
  54. Article 54 — Violation of the Mortgagor
  55. Article 55 — Postponing the Sale in Public Auction
  56. Article 56 — Early Settlement and Repayment
  57. Article 57 — Binding Force of Mortgage
  58. Article 58 — Development Plans
  59. Article 59 — Division Plans
  60. Article 60 — Division pursuant to the Compound and Floor Plans
  61. Article 61 — Division pursuant to the Volumetric Plan
  62. Article 62 — Dividing the Rights related to the Land and Real Estate
  63. Article 63 — Property Rights Related to the Real Estate Unit
  64. Article 64 — Formation of the Owners' Association
  65. Article 65 — Common Parts
  66. Article 66 — Rights and Obligations related to Common Parts
  67. Article 67 — Contribution Percentage
  68. Article 68 — Service Fees
  69. Article 69 — Compound Fees
  70. Article 70 — Insurance
  71. Article 71 — Right of Support and Public Services
  72. Article 72 — Modifications and Changes by the Owner
  73. Article 73 — Developers' Liability for Defects
  74. Article 74 — Pre-emption
  75. Article 75 — Termination of the Floor Plan or Compound Plan
  76. Article 76 — Liquidation of the Owners' Association
  77. Article 77 — Practicing an Activity without a License
  78. Article 78 — Violations of Practicing the Activity of Real Estate Development
  79. Article 79 — Cancellation and Suspension
  80. Article 80 — Deletion of Developer's Registration
  81. Article 81 — Renewal of Registration
  82. Article 82 — The Procedures of Violations
  83. Article 83 — Capacity of Judicial Police Officer
  84. Article 84 — Adjusting the Status
  85. Article 85 — Plan Registration
  86. Article 86 — Fees
  87. Article 87 — Issuance of Executive Regulations
  88. Article 88 — Issuance of Regulations and Resolutions
  89. Article 89 — Contrary Provisions
  90. Article 90 — Applicability of the Provisions of the Law

Key provisions

Article 5No person may act as developer, broker, broker's employee, auctioneer, owners' association director, valuer or surveyor without a Department licence, renewable annually; an unlicensed person earns no fee or commission and must refund any received.
Article 12No person may perform real estate development unless registered in the Real Estate Development Register as a main developer or sub-developer, in addition to any other licences required.
Article 14Developers may not advertise off-plan units in local or foreign media or exhibitions without the Department's written permission, issued within 30 days of a complete application; marketing through a broker requires a registered brokerage contract.
Article 15An off-plan sale requires project approval, deposit of the development plan with initial floor and compound plans, the developer's property or contractual rights over the land, proof of possession, an open project escrow account and Department approval of the unit disclosure statement; the buyer pays by construction completion percentage unless otherwise agreed.
Article 17Either party may rescind an off-plan contract for material breach after notice to rectify; a developer's material breach includes refusing to deliver the final contract, not linking payments to construction phases, substantially changing specifications or delivering an unusable unit, with listed excuses such as expropriation or government re-planning.
Article 18A developer selling off-plan must open a project escrow account with an accredited account trustee under the Department's form of agreement, one account per project or phase, dedicated to that project's construction and financing; projects already 70% complete were exempt.
Article 19Escrow funds may be disposed of only under the escrow agreement and, in all cases, not until the developer has completed at least 20% of the construction works, assessed as the Executive Regulations prescribe.
Article 24The account trustee retains not less than 5% of the overall project value as a performance bond for post-completion defects, releasable one year after the completion certificate, or earlier against a bank guarantee approved by the Department.
Article 25On a complaint by buyers of at least 5% of sold units the Department may investigate and cancel a project whose start is delayed without acceptable excuse, and may impose a delay penalty payable to buyers where delivery is more than six months late without a reason beyond the developer's control.
Article 27All dispositions of off-plan units are recorded in the Initial Real Estate Register and are not binding on the parties or third parties unless registered; pre-existing dispositions had six months to be registered.
Article 31The registered area is the contracted area: no price change for a variance of 5% or less, a proportional adjustment between 5% and 10%, and above 10% the buyer may pay or claim the proportional difference or rescind.
Article 78A fine of AED 100,000 to AED 2,000,000 for unregistered development, false licensing documents, knowingly selling units in fictitious projects, withholding amounts due to the escrow account, embezzling or dissipating project payments, false auditor reports, endorsing incorrect project documents or dealing with an unregistered broker.

Obligations and deadlines

  • Hold a Department licence before acting as developer, broker, auctioneer, valuer, surveyor or owners' association director, and renew it annually (Article 5).
  • Register the development project and obtain written marketing permission before any off-plan advertising (Articles 13 and 14).
  • Open a project escrow account and meet the Article 15 conditions before selling any unit off-plan.
  • Pay all buyer and financing money into the escrow account; draw nothing before 20% completion (Articles 18, 19 and 23).
  • Register every off-plan disposition in the Initial Real Estate Register, the assignor bearing responsibility (Articles 27 and 28).
  • Transfer completed units to buyers who have paid in full on the main Real Estate Register after the completion certificate (Article 30).
  • Account trustees must report quarterly and file an audited annual report with the Department (Article 21).

Penalties

Article 77 punishes unlicensed practice as broker, broker's employee, auctioneer, owners' association director, valuer or surveyor with up to six months' imprisonment and/or a fine of AED 50,000 to AED 200,000. Article 78 imposes AED 100,000 to AED 2,000,000 for unregistered development, false licensing documents, selling units in fictitious projects, withholding escrow deposits, misusing project money, false audit reports, endorsing incorrect documents or using an unregistered broker. Article 79 allows licence suspension or cancellation after 21 days' notice, Article 80 de-registration of a developer, with no re-application for 12 months (Article 81), and Article 25 a delay penalty payable to buyers. Article 82 has the Department refer violations to the Public Prosecution.

In practice — how Polaris handles it

When a client buys Abu Dhabi property, whether personally, through an ADGM SPV we form or through another holding company, this law supplies our checklist: the developer's entry in the Real Estate Development Register, the marketing permit, the escrow account named in the payment schedule, the Article 15 disclosure statement and, after signing, the entry in the Initial Real Estate Register without which the contract binds no one. We time instalments to the construction-linked schedule the law presumes and, on delay, use the six-month trigger in Article 25 and the material-breach grounds in Article 17. We also apply the Article 31 area bands when a handover notice shows a different size, and we check that any lender is Central Bank-licensed as Article 32 requires. For ADGM structures the registered office is through an ADGM-registered provider we appoint; title and escrow work sits with the Department.

History and citations

Amended byLaw No. 2 of 2025
CitesCivil Transactions Law 1985 (repealed)

“Cites” and “Cited by” are built automatically from references in the full texts held in this library; they cover only instruments in the library.

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Source and verification. This record was written from the official text published at adrec.gov.ae, read on 29 October 2026. Quoted from that text: “In all cases, no amount may be disposed of unless the developer has completed no less than (20 %) of the construction works of the relevant real estate development project”
Published for general information by Polaris Corporate Services FZ-LLC, a licensed Trust and Corporate Service Provider. It is not legal advice and does not replace the official text, which prevails in case of difference. Arabic is the authoritative language of UAE federal and emirate legislation; English translations are provided by the issuing authorities. Instruments change: check the status and the official source before relying on this page.

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