Law no. (17) for the year 2004 Regarding Organization of O... Estate and Residential Units by non-qataris 17 / 2004 Number of Articles: 14

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Transcription:

Law no. (17) for the year 2004 Regarding Organization of Ownership and Use of Real Estate and Residential Units by non-qataris 17 / 2004 Number of Articles: 14 Table of Content Articles (1-14) We, Hamad bin Khalifa Al Thani, Emir of Qatar, Having considered the Amended Provisional Constitution, in particular articles 23, 34, and 51 of Law No. 5 of 1963 concerning the impermissibility of acquiring ownership of immovable property in the State of Qatar by foreigners; Law No. 14 of 1964 on the Real Estate Registration System, and the amending laws thereof; The Law on Civil and Commercial Matters promulgated by Law No. 16 of 1971, as amended by Law No. 10 of 1982; Law No. 2 of 1975 regarding the rental of premises and buildings and the amending laws thereof; Law No. 13 of 1988 on the Temporary Expropriation and Confiscation of Real Estate for the Public Interest, as amended by Law No. 23 of 1995; Law No. 13 of 2000 on the Investment of Foreign Capital in Economic Activity; and Law No. 2 of 2002 on the Regulation of Property Ownership by GCC Nationals; and The Draft Law submitted by the Council of Ministers; and Having consulted the Shoura Counci; Have decided the following Law: 1 of 5 7/18/13 1:47 PM

Articles Article 1 In the implementation of this Law, unless the context otherwise requires, the following words and terms shall have the meaning hereunder assigned to them: Real Estate : The Housing Unit : Land and buildings including structures erected thereon. An apartment in a multi-storey building. Areas of Investment : Land allocated for the exercise of commercial, industrial, tourist, residential and educational activities and any other activities the investment in which is permitted in accordance with the State applicable laws. Article 2 Nationals of the Gulf Cooperation Council may own Real Estate in the Investment Areas, in respect of which a Cabinet Council of Ministers Decision shall be issued to determine their location, and the conditions and procedures of ownership therein. Article 3 A non-qatari may own real estate in the Pearl of the Gulf Island, the West Bay Lagoon Project, and Al Khor Resort Project, the identification, terms and conditions, and ownership procedures thereof shall be by a Council of Ministers Decision. 2 of 5 7/18/13 1:47 PM

Article 4 A non-qatari may have the right of usufruct over real estate for a term of ninety nine (99) years renewable for similar terms in the Investment Areas, and the real state location, conditions and procedures of usufruct shall be by a Council of Ministers Decision. Article 5 Without prejudice to the provisions of the aforementioned Law for Leasing Premises and Buildings, a non-qatari may have the right of usufruct in respect of one residential unit or more in residential areas for a term not exceeding ninety nine (99) years renewable for further similar terms, in accordance with the conditions and procedures determined pursuant to a Council of Ministers Decision. Article 6 The right of usufruct is a right in kind that shall not arise, nor acknowledged, unless registered in accordance with the aforementioned Law No. 14 of 1964. The right of usufruct shall terminate upon the expiry of its defined term, mutual agreement of the parties, the destruction of the property or the expropriation thereof for the public interest. Article 7 In the event of expropriation of the building encumbered with the right to usufruct in favor of the public interest, or its destruction as a result of actions carried out by its owner, then the owner is obliged to indemnify the usufructuary for the remaining period specified in the contract, pro rata to the right of usufruct. Article 8 3 of 5 7/18/13 1:47 PM

The usufructuary shall benefit from the residential unit with all facilities and common areas thereof, and may dispose of this right and utilize it without prejudice to his title, and which shall be transferred, upon his demise to legal heirs of the usufruct. The owner of the building encumbered with the right to usufruct may dispose thereof without prejudice to the right to usufruct, and shall be transferred upon the owner s demise, to his legal heirs encumbered with the right to usufruct. Article 9 The owner of the building encumbered with the right to usufruct shall undertake to hand over the residential unit to the usufructuary free of any rights that contravene with the right to usufruct, shall warrants not to interfere with the usufructuary throughout the term of the right to usufruct, and shall hold the usufructuary harmless and undertakes to keep and maintain the other parts of the building. The usufructuary, and his personal or public successors-in-title, shall undertake to benefit from the residential unit for the purpose for which it was built and to keep and maintain it and to hand it over upon the expiry of the term of the right to usufruct. Article 10 The usufructuary shall be a member of the federation of property owners where the residential unit is located and and he shall be subject to the same provisions that other owners are subject to in accordance with the law. Article 11 The provisions of this Law shall not prejudice the right of the State to prohibit ownership and usufruct in certain areas for the public interest. Article 12 4 of 5 7/18/13 1:47 PM

The Council of Ministers shall issue the decisions necessary to enforce the provisions of Article 13 Any provisions contrary to the provisions of the present Law are hereby repealed. Article 14 All competent authorities, each within its competency, shall implement this Law and it shall be effective from the date of publication in the Official Gazette. Please do not consider the material presented above Official Al Meezan - Qatary Legal Portal Emir of the State of Qatar Hamad Ben khalifa Al thani 5 of 5 7/18/13 1:47 PM