Legislation Details
- Full Title: Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance
- Law Type: Cabinet Resolution
- Law Number: No. (61) of 2021
- Issued Date: 01 Jul 2021
- Effective Date: 02 Jul 2021
- Official Gazette: No. 706
- Sector: Family and Community
- Status: Active
- Number of Articles: 82
- Chapters/Parts: 0
- Amendments: 0
Summary
This Cabinet Resolution regulates the conditions and controls for the provision of housing assistance by the UAE government. It establishes the different types of housing assistance, including government housing, financial grants, and loans, and sets out the eligibility criteria and application procedures for citizens to obtain this assistance. The resolution aims to strengthen family stability and ensure an adequate standard of living for UAE citizens by contributing to the fulfillment of their housing needs. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 1-2)
The resolution is significant for UAE citizens as it provides a framework for accessing government support to acquire or improve their housing. It outlines the specific requirements, obligations, and benefits associated with the different forms of housing assistance, empowering eligible citizens to improve their living conditions. Businesses and real estate developers may also be impacted as the resolution governs the construction and allocation of government housing projects. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 1-2)
What is the scope and purpose of this law?
The scope of this Cabinet Resolution is to establish the conditions and controls for obtaining housing assistance provided by the UAE Ministry of Energy and Infrastructure, through the Sheikh Zayed Housing Program, on behalf of the federal government. The resolution specifies the different types of housing assistance, the eligibility criteria, application procedures, and other relevant provisions. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 1-2)
The purpose of this resolution is to strengthen family stability and achieve an adequate standard of living for UAE citizens by contributing to the fulfillment of their housing needs. It aims to do this by outlining the types of housing assistance available, the eligibility requirements, and the application process. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 2)
What are the key definitions under this law?
- State: United Arab Emirates (UAE).
- Ministry: Ministry of Energy and Infrastructure.
- Minister: Minister of Energy and Infrastructure.
- Program: Sheikh Zayed Housing Program, as the housing sector within the Ministry of Energy and Infrastructure.
- Bank: Emirates Development Bank.
- Housing Assistance: The support provided by the Ministry, through the Program, on behalf of the Federal Government to eligible citizens according to the types and purposes of housing as specified in this Resolution.
- Government Housing: A property constructed or purchased by the Ministry for a beneficiary of housing assistance, whether it is a standalone house or an apartment.
- Financial Assistance: The support provided by the Ministry in the form of a non-repayable financial grant or an interest-free loan for the purpose of providing housing.
- Benefit Housing: A property owned by the Ministry and allocated to a beneficiary for residential use, without transfer of ownership.
- Housing Loan: The financial support provided in the form of a repayable loan for the purpose of obtaining government housing.
- Grant: Non-repayable assistance allocated to fulfill any of the housing purposes within the value limit specified in this Resolution.
- Beneficiary: The person to whom a decision is issued granting housing assistance.
- Monthly Income: The total amount received monthly by the applicant for housing support from any source, calculated either as a fixed monthly amount or as the average monthly income for the year preceding the application, divided by twelve (12) months.
(Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 1)
What are the main obligations and requirements?
The main obligations and requirements under this Cabinet Resolution are:
- The applicant must be a UAE citizen holding a valid family book and Emirates ID. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 5(1))
- The applicant must be the head of a UAE citizen family, with children and a wife who are UAE citizens. If the wife is not a UAE citizen, she must either have children with the applicant or have been married to the applicant for not less than seven (7) years. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 5(2))
- The applicant must not own suitable housing, as defined by the resolution. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 5(3))
- The applicant must not have previously received housing assistance from any government entity in the UAE. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 5(4))
- The applicant must not be financially capable, as defined by the resolution. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 5(6))
What licensing, registration, or approval requirements exist?
The legislation does not specify any licensing, registration, or approval requirements for individuals to obtain housing assistance under this Cabinet Resolution.
What rights and protections does this law provide?
The Cabinet Resolution provides the following rights and protections for beneficiaries of housing assistance:
- Certain categories of citizens, such as people of determination, senior citizens, orphans, widowed mothers, divorced mothers, and female orphans, are eligible for housing assistance even if they do not meet the standard eligibility criteria. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 6)
- Beneficiaries of government housing or benefit housing are protected from having their dispositions made in breach of their obligations under the resolution declared null and void. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 15)
- Beneficiaries of financial assistance are protected from being required to repay their housing loans in certain circumstances, such as the death of the beneficiary. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 35)
Which authorities or bodies are responsible for enforcement?
The key authorities and bodies responsible for the enforcement and implementation of this Cabinet Resolution are:
- The Ministry of Energy and Infrastructure, which is responsible for providing housing assistance through the Sheikh Zayed Housing Program. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 1)
- The Minister of Energy and Infrastructure, who has the authority to submit proposals to the Cabinet regarding the allocation of housing assistance, the amendment of the value of housing assistance and income limits, and the issuance of executive resolutions. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 3(2), 4(3), 38)
- The Emirates Development Bank, which is involved in the provision of housing loans. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 1)
What are the penalties for non-compliance?
The legislation does not specify any penalties for non-compliance with the provisions of this Cabinet Resolution.
What fees, charges, or financial provisions are specified?
The key financial provisions in this Cabinet Resolution are:
- The maximum value of housing assistance, whether as a grant or a loan, is AED 800,000 (eight hundred thousand Dirhams). (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 4(1))
- The maximum value of housing assistance for a beneficiary of government housing or a housing loan within a residential complex is the construction cost of the house, not exceeding AED 800,000 (eight hundred thousand Dirhams). (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 4(2))
- A housing grant shall be granted to those whose average monthly income is less than AED 15,000 (fifteen thousand Dirhams). (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 4(2))
- The Cabinet may amend the value of housing assistance and the monthly income limit for eligible recipients of the financial grant based on economic conditions, prices of goods and services, and inflation rates in the UAE. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 4(3))
What exemptions or exceptions apply?
The Cabinet Resolution provides the following exemptions and exceptions:
- Certain categories of citizens, such as people of determination, senior citizens, orphans, widowed mothers, divorced mothers, and female orphans, are eligible for housing assistance even if they do not meet the standard eligibility criteria. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 6)
- The Minister or their delegate may exempt applicants from the age condition for people of determination if the social study confirms an urgent and compelling need for housing. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 6(1)(d))
- The Minister may issue a decision specifying cases in which the divorced mother may be exempted from providing proof of the father's inability to provide housing, or from the age and duration of divorce conditions. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 6(5)(b))
- The Minister or their delegate may exempt female orphans from the age condition based on the recommendation of the social study. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 6(7)(c))
How are disputes resolved under this law?
The legislation does not specify any dispute resolution mechanisms under this Cabinet Resolution.
What are the key deadlines and time limits?
The key deadlines and time limits specified in the Cabinet Resolution are:
- If the wife is not a UAE citizen, she must have been married to the applicant for not less than seven (7) years from the date of marriage. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 5(2))
- The applicant shall not have previously transferred ownership of suitable housing owned by them, unless at least ten (10) years have elapsed since the date of transfer. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 5(5))
- For divorced mothers, at least five (5) years shall have elapsed since the divorce. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 6(5)(a))
- For female married to a non-citizen, at least ten (10) years shall have elapsed since the marriage, except where the husband is a Gulf Cooperation Council (GCC) national, in which case the duration condition may be waived. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 6(8)(e))
How does this law interact with other UAE legislation?
The Cabinet Resolution references the following related UAE legislation:
- The Constitution of the United Arab Emirates.
- Federal Law No. (1) of 1972 Regarding the Competences of Ministries and the Powers of Ministers, as amended.
The resolution does not specify any laws that it repeals or amends.
When did this law come into effect?
This Cabinet Resolution came into effect on 02 Jul 2021, the day after it was issued on 01 Jul 2021. It was published in the Official Gazette No. 706 on 15 Jul 2021. (Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance, 2021, Art. 40)
Source Documents
This article analyses Cabinet Resolution Regarding the Conditions and Controls for the Provision of Housing Assistance for legal research and educational purposes. For the purpose of interpretation and application, reference must be made to the original Arabic text. In case of conflict, the Arabic text prevails. This does not constitute legal advice.