Who Maintains Property in Dubai?

Maintenance of properties in the city of Dubai is an important topic in real estate management as this makes the buildings safe, functional, and aesthetically attractive. But most people also ask the most frequent question of who is the responsible person to do the maintenance of property located in Dubai, home owners, tenants, or investors? It all depends on the nature of the property, the lease terms or own terms and the nature of maintenance that is needed.

In this blog, I discuss these roles of landlords, tenants, property developers and homeowners associations (HOAs) that contribute towards maintaining their properties throughout the City of Dubai.

 

  1. Lawful Framework

The real estate market in Dubai is governed by the laws and guidelines, which are introduced by Dubai Land Department (DLD) and the Real Estate Regulatory Agency (RERA). These legislations make it clearer on the roles of the various parties involved in the ownership or leasing of property.

The landlord usually pays to maintain the property (as per Law No. 26 of 2007 and amended by Law No. 33 of 2008), however, such an arrangement should be specified inside the tenancy agreement. This law dictates that major maintenance (the duty of the landlord) and minor maintenance (which often lies in the realm of the tenant).

 

  1. Landlord Responsibilities

The maintenance of the property in such a manner that the tenants can utilize it to its desired purpose is the major responsibility of the landlords in Dubai. The major responsibilities required of a landlord are listed as below:

  • Structure Repair: Landlords are supposed to deal with major structural repair, repair of the foundation, leakages caused by water on the roof or electrical wiring problems.
  • Critical Repairs: Repair of meeting point facilities such as air conditioning, water heating, electricity and sanitation utilities, comes under the jurisdiction of the landlord.
  • Safety Standards: Landlords should not only follow all the necessary health, safety, and building codes but also make sure that the property corresponds to all codes.
  • Pest Control (in certain cases): Pest infestation may be caused by structural deficiency or existing problems and in that case the landlord should handle it.

 

  1. Tenant Responsibilities

Minor and routine maintenance is normally carried out by tenants. Tenancy agreement usually lays down these obligations. The major tenant responsibilities are:

  • Frequent Cleaning: Making the property hygienic including personal space cleaning, windows, and tiles.
  • Small Repairs: Fixing trivial repairs such as a replacement of light bulbs, drain blockage, or repairing door handles.
  • Damage by Negligence: In a situation whereby a tenant has affected a damages on the property through misuse or by being careless, they must repair or pay repairing costs.
  • Oven, Fridge, Washing Machine Cleaning: The tenant has to clean the ovens, fridge, and washing machine which the landlord will provide.

Before signing the lease agreement, it is crucial that the tenants carefully go through it since a large number of landlords indicate the specific scope of maintenance that tenants have to undertake.

 

  1. Homeowners Associations Role (HOAs)

Associations of Homeowners (AOs)/ Owners in developments with freehold become Homeowners Associations (HOAs) or Owners Committees that run common areas and common facilities in a development. Such associations are usually financed by a property owner annual service charges. Their duties are:

  • Fees to maintain Common Areas: The HOA maintains lobbies, hallways, elevators, swimming pools, gyms and landscaping.
  • Security and Cleaning Services: HOAs deal with security, cleaning the communal area, and maintenance of facilities.
  • Building Management: Developing and constructing within safety and fire regulations and along with supervising the contractors in the needed maintenance services.

 

  1. Maintenance obligations in Freehold vs. Leasehold Freehold

The maintenance duties in a freehold property are the responsibility of the owner. The owner is also free to choose the people working on his property. The maintenance choices are the privilege of the owner of a freehold property. Leasehold when a property is a leasehold, maintenance duties are not vested within the owner. Rather, it is passed on to the leaseholder. The leaseholder then has to decide which people work on his property.

In Dubai, one can find freehold properties and leasehold properties and the manner of maintenance may also differ.

  • Freehold Properties: Owners are fully responsible in the maintenance of their internal units. The building management/HOA normally undertakes the exterior maintenance.
  • Leasehold Properties: In this type, the lessee might be having certain maintenance obligations whereas a major maintenance obligations are still with the property developer or the owner whose description is based on the lease agreement.

The type of property and the contract of sale or lease must be understood so as to avert some misunderstandings in future.

 

  1. Responsibilities of Developer and Building Management

In a vast proportion of housing towers, and gated communities a facility management company or a property developer is required to work out the daily maintenance chores. These organizations work with the responsibility:

  • Service Charge Allocation: The allocation of the budget on maintenance of the service fees collected.

The maintenance requests raised by the tenants or homeowners can be done through the building management portal or service centers.

 

  1. Maintenance fees and Service Charges

In Dubai, the people who own properties are obliged to contribute to the yearly service fees that are used to cover the costs of maintenance and usage of common facilities. RERA controls these charges that depend on the community or tower. Owners should:

  • Confirm the composition of service charges on yearly basis.
  • Know what is covered.
  • Make sure that payments are made on time before incurring penalties or before the relocation of the service.

 

  1. RERA, Support, and Resolution of Disputes

There may be conflicts as to who has to maintain that part as contracts are not precise. Where this is the case, any of the parties can go to the Rental Dispute Settlement Centre (RDSC) under RERA. In the case of a dispute between parties, RDSC can mediate and offer its ruling in accordance with existing laws and the lease agreement conditions.

Both the landlords and the tenants are recommended to:

  • Record maintenance request and responses.
  • Write out and speak up.
  • Retain copies of tenancy contract and receipts of any repairs done.

Conclusion

The property maintenance in Dubai is a burden that is shared between landlords, tenants, developers, and the HOAs. It can be beneficial to understand who has what responsibility in order to eliminate conflict and achieve long-term stability of real estate investments. Everyone can ensure a hassle-free experience of the property by being aware of legal requirements and establishing a healthy line of communication.