Overseas Property Blog :: guide to international real estate investment

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An Overview of the Ajman Property Market Part 2

Ajman Property Law

image In part 1 of our Ajman mini series we provided a general Overview of the Ajman Property Market. We established the fact that Ajman is definitely one of the regions in the UAE to keep your eyes peeled on.

Today we will look at Ajman’s new property law to give you more insights into your investment opportunities. Since the property law has been modified to legalize freehold ownership in Ajman, the rules seem much clearer.

Ajman Property Law

Back in 2002 Dubai introduced freehold ownership to property investors which many believe to be one major reason the market exploded in the emirate. HH Sheikh Humaid Bin Rashid Al Nuaimi, Member of the Supreme Council and Ruler of Ajman has now introduced the same for Ajman, making it the second emirate to allow freehold ownership.

The Ajman property law is governed by Decree No 7 and 8, 2008 which regulates the property and land sector within the emirate. It is made up of 34 articles which legalize the process of Ajman property and land ownership both for GCC (Gulf Cooperation Council) and UAE citizens. This also includes companies and public stock within the region.

Freehold Specifics

Non GCC buyers and developers are allowed to own freehold land property within specific areas. These areas have been allocated and approved by the Sheikh. Alternatively, if you are not a citizen of the UAE or Gulf Cooperation Council (GCC) nations, you can also obtain property with a 50 year leasehold that is renewable in designated areas of Ajman.

For those who are concerned about inheritance and the law, you need to be registered with the property register in order to be able to claim property rights of heirs.

The Department of Land and Property is in charge of regulating the approval of land maps, fees, survey areas and property sectors according the new law. It is also the place to go to register property rights and long-term leasing contracts.

Investor securities

Ajman has taken a good slice out of Dubai’s Law No. 8 of 2007 on Guarantee Accounts of Real Estate Development (Escrow Account or Trust Law). This law has ensured that property purchases in the emirate are generally very straightforward and without major incidences.

With the introduction of bank guarantees to help safeguard the investor’s dollar, Ajman has certainly introduced an interesting part in the whole equation of the law. Fuss free investment is always a strong motivation factor for property investors.

This means that investors have to bank these guarantees in order to invest in the emirate. Further to this, this deposited money will need to be used for the project itself only.

The bank will also freeze 5% of the project amount until construction has been completed. After handover, the developers themselves will be responsible to maintain the project for 10 years.

Keep an eye out for part 3 or our Ajman series where we will cover current developments in the emirate as well as infrastructure news.

  • Kathleen Nugent

    Please comment on the article on the first page of the Gulf News 10 Oct 2008 Business section which reported that Ajman government has frozen all Freehold Residence Visa applications for EX PATs

    http://www.gulfnews.com/business/Real_Estate_Property/10250959.html

    Is this in line with the recent decrees relative to property reform in Ajman? Is this temporary or a permanent policy?

    What about investors who have purchased property off plan (and now have paid sizable downpayments and quarterly charge…in reliance on the representation that a Freehold Residence Visa would be available to persons who buy property.

    I am in my 50s and currently have an employment and residence visa in Dubai…but I do not plan to work forever and because I want to retire in the UAE I booked the Ajman flat where I had hoped to live during retirement.

    Now what happens to my plans and to my investment?

    Where is the Rule of Law?

  • http://www.overseaspropertymall.com Overseas Property Mall

    Kathleen, please have a read through our forum – perhaps a comment from an Ajman property expert Roger Wilkinson might answer your question. Read his comments below:

    The Ajman Government Office stance on the Resident Visa’s is that it is Federal i.e. orders from Abu Dhabi, and the Residence Visa’s are on ‘hold’ at the moment while the situation is being assessed. You must note that this ruling is the same for all of the UAE, including Dubai and Abu Dhabi had not issued Resident Visa’s from the beginning and that Emirate has also been booming !

    It sounds as if they may become available again as originally agreed, and the Law is likely to change ‘a number of times’ before completion of most of the projects. Obviously this is not guaranteed. However, I am confident with the ( extremely large ) amounts of investments made by the Government in the infrastructure of the Emirates such as additional Power Stations, Sewage & Desalination Plants, Schools, Highways, Roads, Metro and shopping malls etc as well as the tourism of hotels, Dubai Land, man made islands, the expansion of the existing Airport and construction of another new bigger airport and too many others to mention, they will not ‘shoot themselves in the foot’ and not look after the investors themselves !

    There is talk of issuing an Investors Type Visit Visa that will allow ‘extended’ stays in the country i.e. annually and multiple entries, but that has not been confirmed yet.

    On a another note, The Ajman Bank is expected to open its doors in January, 2009 and it is hoped that at that time Financing & Mortgages of Ajman Properties will become available for the first time that should dramatically improve the Ajman Market, with or without Visa’s the prices should go up significantly.

    So I can only suggest to carry on as normal in the interim and expect a good return on your investment if you chose to sell, live in or rent out.

    Further information, projects, payment plans & prices as well as progress pictures are up to date and available on the web site – http://www.AjmanProperty.com

    Roger Wilkinson
    Managing Director – Northern Emirates Property
    http://www.AjmanProperty.com

  • Kenneth

    I think the government should do two things
    1) Reinstate the residency visa for property owners
    2) RERA should also move to protect investors, so that developers dont just sit on money or use it to launch other offplan projects,pay for staff ect..

    It cannot have it both ways and should stop acting like its not in trouble.
    The banks should get a model whereby they can lend again. Just because Americans could not pay their mortgages doesnt mean that residents from UAE will not.
    Anyway this crisis is good because it causes some sort of a correction,
    What people don’t get is that this whole thing is based on trust and in Dubai and the rest of the Emirates once that trust is broken, you can forget about it, the bubble will explode worse than Singapore.
    Please when the Shariah Ajman bank opens it doors in January 2009,let it provide better loans to emiratis, at a more competitive rate than the foreign banks.
    O

  • Daniel Krief

    Having purchased a flat at the new Emirates City, with delivery as per purchase contract to be end of January 2010. Having recently visited the site, it’s appear that it is still a gravel yard, nothing have started, accordingly it is logic that delivery date will not be met, till date I have paid more than 40% down payment by monthly installements. As per purchase contract in case of non-performances (e.g. stopping paying) I shall loose my right on the property, and may loose all sums already paid.
    Is there any law existing to protect investors interests.
    Best regards

  • Daniel Krief

    Further to my previous comments, is a developper have the right to cash down payments as long building permit is not obtained and construction works have not started

  • mohammed faizal

    i looking for villa perpose land

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