Abu Dhabi Tightens Governance for Jointly Owned Property

Abu Dhabi’s real estate sector has taken a significant step toward greater maturity with the issuance of Administrative Decision No. 25/2025 on 28 February 2026. Titled “Regulation of Ownership and Controls of Use and Management of Real Estate, Parts and Common Facilities in the Emirate of Abu Dhabi,” this landmark measure provides much-needed operational detail to the existing legal framework for jointly owned properties. 

The Resolution introduces comprehensive rules on governance, financial controls, service charge regulation, and disclosure requirements. It aims to enhance transparency, accountability, and investor protection while aligning Abu Dhabi’s regulatory environment with international best practices. Developers, property management companies, and individual unit owners will all feel its impact. 

 This Article is a Part of our Legal & Regulatory Framework in UAE Real Estate Blogpost.

 

Key Provisions of the Resolution 

The Resolution builds on the foundational framework by adding practical, enforceable mechanisms across several critical areas: 

 

Strengthened Owners’ Committee and Management Systems  

The Resolution fleshes out the owners’ committee framework with detailed operational content. It defines three management systems, namely:  

  • Building; 
  • layer; and  
  • Complex 

that govern relationships between unit owners, management companies, and developers. 

It specifies the required contents of each system, the approval process by the Abu Dhabi Real Estate Centre (ADREC) including grounds for refusal, grievance and appeal timelines, and rules for resolving conflicts between overlapping systems. The Resolution also clarifies what constitutes common parts in layer schemes and complex plans, while setting a high threshold of 95% of total contribution shares (or a court order in specified cases) for terminating or cancelling a stratified or complex plan. 

 

Mandatory Appointment of Management Companies  

Developers must appoint a specialised, ADREC approved management company within 30 days of delivering the first unit to an owner. Appointment agreements are generally limited to three years unless ADREC grants approval for a longer term. 

 

To ensure accountability, ADREC can require accredited companies to provide bank guarantees or professional indemnity insurance to cover potential damage to common parts resulting from negligence or default. 

 

Rigorous Service Charge Regulation  

All service charges now require mandatory pre-approval by ADREC. No fees not approved are deemed illegal and unenforceable. Management companies and developers are prohibited from imposing additional charges beyond those approved, and payers have a statutory right to recover any unapproved amounts. 

 

Developers remain responsible for service charges on unsold units (and any units where they have contractually assumed the obligation). Annual service fees must be payable in monthly or quarterly instalments; lumpsum annual demands are no longer permitted. Unpaid service fees create a lien on the unit that survives ownership transfer. 

 

Similar approval requirements apply to complex fees charged by master developers for shared infrastructure and facilities. Additional controls include mandatory electronic management and accounting systems for management companies, six-monthly reporting to ADREC, strict rules on supply agreements (maximum two-year terms without approval, competitive pricing, and a ban on private profits), and a prohibition on developers collecting maintenance funds more than three months in advance. 

 

Enhanced Disclosure Requirements for Off-Plan Sales  

The Resolution significantly expands disclosure obligations in off-plan transactions. Developers must provide a comprehensive package of information, including: 

  • Detailed building descriptions and sustainability measures 
  • Proposed common facilities 
  • Draft plans, materials, and finishes schedules 
  • A two-year budget and estimated service fees 
  • Estimated delivery dates 

Failure to comply gives buyers the right to terminate the contract. Developers also face liability for materially inaccurate or incomplete disclosures for up to two years following transfer of ownership. 

 

Implications for Market Participants 

This Resolution signals a clear regulatory shift toward a more structured, transparent, and investor-friendly real estate market in Abu Dhabi. By centralizing oversight through ADREC and introducing clear accountability mechanisms, it reduces risks for buyers and promotes long-term asset quality and sustainability in jointly owned developments. 

Stakeholders, particularly developers and management companies, should promptly review existing arrangements, contracts, and processes to ensure compliance. Early engagement with legal advisors is strongly recommended as further guidance and implementing instructions from ADREC are anticipated in the coming months. 

The changes present opportunities as well as obligations. A more predictable and well-governed regulatory environment can boost investor confidence, support sustainable growth, and help position Abu Dhabi as a leading global real estate destination. 

Disclaimer

This article is intended for general informational purposes and does not constitute legal advice. The opinions expressed in this blog are those of the respective authors. ATB Legal does not endorse these opinions. While we make every effort to ensure the factual accuracy of the information provided in our blogs, inaccuracies may occur due to changes in the legislative landscape or human errors. It is important to note that ATB Legal does not assume any responsibility for actions taken based on the information presented in these blogs. We strongly recommend taking professional advice to ensure the best possible solution for your individual circumstances.

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ATB Legal is a full-service legal consultancy in the UAE providing services in dispute resolution (DIFC Courts, ADGM Courts, mainland litigation management and Arbitrations), corporate and commercial matters, IP, business set up and UAE taxation. We also have a personal law department providing advice on marriage, divorce and wills & estate planning for expats.

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Milen Zachariah John

Milen is a Junior Associate at ATB Legal, supporting the firm’s litigation, arbitration, and advisory practices. His areas of work include family law, estate planning, property disputes, and commercial litigation in UAE mainland courts (through licensed Emirati advocates) as well as free zone jurisdictions such as the ADGM and DIFC.Prior to joining ATB Legal, Milen trained with notable firms, advocates, and commissions in India and the UAE, building skills in drafting, legal research, and client advisory. His association with the Emirates Center for Strategic Studies and Research (ECSSR) in Abu Dhabi further strengthened his analytical abilities.Raised and educated in Abu Dhabi, Milen has strong cultural alignment with the UAE’s legal and social environment. He holds a BBA LL.B. from Kristu Jayanti College of Law, Bengaluru, and is accredited by the Bar Council of India and the High Court of Kerala.

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