GCC property laws: Assessing the pace of change

26 February 2005
The relaxation of foreign property ownership laws in Oman was the most recent move to liberalise the housing sector in the GCC. Some states have been quick to open up, while others have lagged behind.
The relaxation of foreign property ownership laws in Oman was the most recent move to liberalise the housing sector in the GCC. Some states have been quick to open up, while others have lagged behind.

Bahrain

Restrictions on ownership of land by non-GCC nationals were lifted in 2001. Following enabling legislation in 2003, both foreign individuals and companies are able to own land in designated areas. GCC nationals and companies are afforded the same rights as Bahrainis, and may own land by any prescribed method of legal ownership.

Kuwait

Foreign ownership is extremely limited and only ownership by companies registered in the GCC states is allowed. These companies are treated as Kuwaiti nationals with respect to the ownership of local real estate for commercial and investment purposes. However, this is subject to there being reciprocity of treatment in that country for Kuwaiti nationals and all of the shareholders of that GCC company being nationals of the GCC states.

Oman

There has recently been an important amendment to the law of property ownership, whereby any nationality may own or rent land in certain defined areas. There are no longer any restrictions on the size of land owned. Both visa and inheritance rights are accounted for in the legislation.

Qatar

Doha recently ratified the GCC Economic Agreement. This will allow any 'GCC entity' to own land. By virtue of a new law introduced in 2004 regarding property ownership, both GCC nationals and non-GCC nationals have been provided with extensive additional rights. The possession of real estate is restricted to various designated areas and is subject to conditions and controls issued by the Council of Ministers.

Saudi Arabia

Ownership of property by non-GCC nationals is prohibited. Foreigners can only lease properties for a maximum renewable period of two years.

UAE

Abu Dhabi Absolute ownership of all land is vested in the government, which grants rights to land to Abu Dhabi nationals and companies. Where property is sold or transferred, it should be sold or transferred only to Abu Dhabi nationals. Foreign ownership of land is only permitted by leasehold.

Dubai The Dubai Lands Department will issue a certificate of ownership to foreigners for some freehold residential developments, or where the buyer has been granted a long lease - 99 years - although the legal basis for doing so has yet to be established. Dubai has established its own specific land ownership policies, although apart from a handful of residential developments in Dubai that are currently being marketed to all nationalities on a freehold basis, ownership of land continues to be restricted to UAE nationals or, to a lesser extent, to GCC nationals.

Sources: Trowers & Hamlins; MEED

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