Commercial Property Law

There are many commercial properties available to serve as headquarters for any business in the UAE. Nevertheless, the demand for these working spaces is at an all-time high. When a company finds the perfect place to rent, they need to act as quickly as possible.

Usually, businesses need a team of experts to help them investigate and negotiate to diminish the level of risk. Hence, commercial property lawyers can progress on this process on the company’s behalf. Freeing managers from dealing with these complex operations that include:

In today’s world, your business’s success involves several factors. From production efficiency to a good marketing strategy, the list of these factors is substantially large. However, there is one of these factors that influence the most in your business: Location. In essence, the place where you set up your business will give you everything: resources, human talent, and investors.

Now, this referred place will also supply you with the building in which your business will be located. To occupy and use this property, you must follow some legal guidelines first. In the UAE, these legal services come in the form of Commercial Property Law.

Above all, it defines the legal terms and regulations for leasing commercial properties in the country. Therefore, it will tell you how to write leasing contracts and what to do if any wrongdoing occurs. Here, understanding the legal nuances of commercial property across the UAE is essential. Hence, by working with the proper legal team of Commercial Property Lawyers, you will avoid any legal problems related to your business’ workplace. We at Connect Legal can provide you with the services of our Commercial Property Lawyers, to give you the best legal advice in this matter.

1. what is commercial property law

The pieces of legislation related to Commercial Property Law in UAE cover a variety of scenarios. However, for you to understand these scenarios correctly, you will need to know the basic definitions stated in Commercial Property Law.
First, you need to know that, in the UAE, Commercial Property Law uses a complementary term besides leasing: Tenancy. On the other hand, and as it is for the majority of laws in the UAE, you will find both federal laws and laws of every emirate related to commercial property.

Furthermore, you must also know that the legal disputes related to Commercial Property in the UAE are addressed by the Rental Dispute Centre, if not you can always seek commercial property law firm.
Now, with all these laws, you may think that the basic definitions list is extremely long. This is true, but all legislation related to Commercial Property Law has three definitions in common: Landlords, Tenants, and Tenancy Contracts. We will dig deeper into these definitions for your knowledge. However, some legal advice about them may be beneficial for you.
In this matter, you can get in touch with us to obtain this legal advice from our experienced team of Commercial Property Lawyers.

1.1 Landlords and Tenants

According to Commercial Property Law, every legal agreement regarding commercial properties has to be established between two persons: A Landlord and a Tenant.
The landlord is the legitimate owner of the leased property, and the tenant is the person to which the property is leased. Commercial Property Law and Civil Law states that both individuals and companies can be defined as landlords and tenants.

On the other hand, your rights and responsibilities as landlord and tenant are also addressed by the Commercial Property Law. Furthermore, it states how their relations must be regulated. In the UAE, these regulations are unique to every emirate. For instance, your relationship with your landlord as a tenant in Abu Dhabi is regulated by Abu Dhabi Law No. 20 (Abu Dhabi Tenancy Law).

In Dubai, it is regulated by Dubai Law No. 26 (Dubai Tenancy Law). In conclusion, it is very important that you know your rights and responsibilities regardless of being a landlord or tenant. To find out more about it, make a consult with our team of Commercial Property solicitor. They will advise you regarding these definitions.

1.2. Tenancy Contract

To lease a property for your business or your company in the UAE, you must reach an agreement with another party. The written form of this agreement is what is known as the Tenancy Contract. It contains the concretized general principles of the lease. They govern, among other things, the maintenance obligations of landlords and tenants. At the same time, Tenancy Contracts must also set the time of occupation of the property. Besides, they must state which areas of the property are being demised.

Now, one important aspect of tenancy contracts that you need to know is that they vary significantly in every agreement. In essence, topics such as the tenant’s business and the nature of the property can influence how contracts are written. Do you want to establish a lease agreement correctly and properly write your tenancy contract? Reach out to us by one of our contact’s means to help you in this matter. Let our Commercial real estate Lawyer help you write the tenancy contract you wish for.

2. The Demise, what does it means?

In the UAE, you have to determine several issues during leasing negotiations of a commercial property. But, the first of them must always be what is being demised. During the lease, you can only exclusively use a designated area of the building, defined by Commercial Property Law as The Demise. Above all, you must know clearly which areas in the facility are demised for your use. Remember, these areas will be subject to the rights and responsibilities of landlords and tenants who sign the tenancy contract.

For example, demised areas according to your leasing agreement are the ones to be maintained and insured by the statutes of your tenancy contract. Get in touch with us to set a clear definition of the demised areas and the responsibilities attached to them. Our expert lawyers in Commercial Property Law will help you in this matter. This definition can be classified into three categories, related to the parts of the building you intend to use. These three categories are the following:

2.1. Building Demise

It is the simplest form of demise you can state in a tenancy contract in the UAE. A Building Demise establishes that the entire property is being demised to the tenant. You must probably lease factories and warehouses for your company through this category. This is because you need to use the entire facility for your business. However, as you will find out in one of the next categories, this type of demise only includes the building. It does not contemplate the surrounding areas, such as parking lots and restaurants. You can establish a Building Demise for your organization if you need to. All you have to do is give us a call, and our Commercial lease solicitor will assist you to do so.

2.2. Unit Demise

Owners of office buildings often use this form of demise in the UAE. By this category of Unit Demise, only a part of the building is leased to the tenant. In other words, you as a tenant will be entitled to exclusively use the demised part, and no more. In this category, landlords can lease several parts of the same building to different tenants. They will only need to establish the right of the use of the common parts of the building. Therefore, if your company is still small and you only are looking for office space, tell our team of specialized lawyers in Commercial Property Law to help you write a tenancy contract with unit demise.

2.3. Licensed Areas

Building Demise and Unit Demise tell you as a tenant which areas can you use for your business. Now, what about the surrounding parts and the inner common parts of the building? These parts are referred to as Licensed Areas. Most importantly, you must know that these areas by Commercial Property Law cannot be leased. Consequently, they are subject to a license of use by Civil Law. Parking lots, access and exit rights, stairways, and restaurant seating rights are examples of this category.

3. Repairs and Maintenance in Commercial Properties

When you are using a building for business or even living, you know that its repairs and maintenance are extremely important. Leased Commercial Properties are not exempt from this. But, the important topic here is who is responsible for these tasks according to Commercial Property Law. In this matter, landlords must perform major maintenance or repairs regarding the protection of the structure of the leased property. It is their obligation by Commercial Property Law.

Furthermore, as a general rule in most cases, it is your responsibility as a tenant to repair and maintain the demised area. There are exceptions to this rule, where landlords have the responsibility of performing maintenance of certain infrastructure. They can be responsible by tenancy contract for maintaining electrical, mechanical, and plumbing systems.

Now, in the specific case of a tenancy contract with unit demise, landlords would assume the responsibility to perform the maintenance and repairs of the common parts. In conclusion, the definition of these responsibilities related to repairs and maintenance is paramount to every tenancy contract. To state them in a clear manner, reach out to us and get the services of our Commercial Property Lawyers right away.

4. Frequently Asked Questions about Commercial Property Law in the UAE

You can take advantage of all this information about Commercial Property Law to set up your business in the UAE. In essence, you would be leasing a property in one of the best business environments in the world. But, as you may figure out by now, Commercial Property Law is also a very wide piece of legislation. After all, it protects the rights and states the responsibilities of both landlords and tenants respectively.

To give you more help in this matter, we prepared a series of answers to some frequently asked questions from our clients. They will help you resolve some of the doubts you may still have related to Commercial Property Law. Let us now show the answers to these frequently asked questions:

4.1. Which services can your Commercial Property solicitor provide?

Our Commercial Property Lawyers from commercial property Law Firm can provide you with a wide range of services. They can help you regarding leasing negotiations, and property litigation. Furthermore, they can assist you as mediators in legal disputes between you and your landlord/tenant. Moreover, they will help you in activities regarding leasing and renting land in the UAE. In conclusion, the list of services related to Commercial Property Law they can provide you is very extensive. To find out more about it, get in touch with us, and seek their excellent services as soon as possible.

4.2. What are the penalties I can face if I do not comply with my responsibilities stated in the tenancy contract?

If you are the tenant in the tenancy contract, failing to comply with your responsibilities would make you subject to financial penalties. Moreover, it can carry out the immediate termination of the lease. On the other hand, if you are the landlord and you fail to comply with your responsibilities, tenants can then file cases against you in the Rental Dispute Centre. The settlements for these cases usually also include financial penalties.

To sum up, facing these penalties can make you lose a high amount of money, or even lose your business. Consequently, reach out to us, and let our Commercial Property Lawyers from commercial property Law Firm help you to avoid these legal issues.

4.3. Why are so important the services of Commercial Property Lawyers or commercial Lease solicitor for me?

A badly written tenancy contract can bring you substantial problems. With Commercial Property Law Lawyers working by your side, all the responsibilities, the demised areas, and the lease period will be clearly defined and stated. In short, they will sort out any legal inconvenience you can have regarding commercial properties. Therefore, do not think about it too much, and seek the services of our Commercial Property Law Lawyers right away.

4.4. Why should I choose Connect Legal? With us, you will get the best team of Commercial Property Lawyers in UAE. It does not matter if you have a small business or an international corporation, our legal advice will save you from facing any legal trouble. Therefore, take advantage of our expertise in commercial properties, and contact us. We at Connect Legal will be glad to give you the most excellent services in Commercial Property Law you can get as you can chat with commercial real estate lawyer to seek your legal solution.

  • Procurements and disposals of freehold and leasehold properties.
  • Contract details, specifications, and overall agreements.

Range of Support Services

Each company has legal, transactional, and contractual issues concerning property and land rented or owned by commercial customers. Therefore, when contracting a commercial property lawyer, companies look for support regarding commercial property nuances they may encounter. Lawyer’s services include but are not limited to:

  • Distribution and reseller agreements.
  • Lease, hire, and maintenance legal documentation.
  • Introducer, referral, and warehousing agreements.

Frequently Asked Questions

We understand that renting or leasing commercial properties in Dubai or any other UAE region can be a challenging process. A company like Connect Legal offers experienced local agents that will allow you to navigate this process effortlessly. Our lawyers are qualified to deal with any legal query you may have.

  • Who is in charge of doing maintenance work on a commercial property?

    Usually, it is the tenant’s responsibility to maintain leased office space. Nevertheless, there may be clauses in the contract where the landlord is responsible for certain cares such as plumbing and remodeling if necessary. Additionally, landlords are also responsible for taking care of the outside and common areas. For example, it can be their responsibility to clean bathrooms or do gardening work.

  • What resources provide a commercial property lawyer?

    Local commercial property agents offer a wide range of services. Most of them deal with paperwork for commercial properties for sale in Dubai. Also, they are in charge of leasing and renting land in the region. Other services include but are not limited to helping companies plan and develop commercial projects, property finance, and investment paperwork. Also, mediating in disputes between landlords and tenants, drafting, reviewing, and negotiation of contracts, and property litigation. Commercial property lawyers can work for various clients such as investors, developers, landlords, and tenants.

  • Why is legal support essential?

    Dealing with commercial property in the UAE can be a complicated process. Therefore, having an experienced team of lawyers by your side is crucial. Working alongside a professional in the field is a priority. They are qualified to sort out any inconvenience when working with commercial properties.

Why Connect Legal?

Our skilled team of lawyers represents clients across different industry areas, from small-sized businesses to national and international corporations. We have the expertise to advise on all kinds of commercial property transactions. Consequently, we offer our clients both professional and practical knowledge. Connect Legal takes the time to understand your business. Hence, we can guide your company through any issues. Years of experience have brought us in-depth knowledge on every side of commercial property law.