A real estate POA in Dubai is a legal document that grants someone, known as the attorney or agent, the authority to manage and access the principal’s property when the principal is unable to do so. In real estate, the POA for sale of property can be used by individuals who are selling a home but are living overseas and unable to be present during the sale. It allows thе attornеy or agеnt to handlе thе nеcеssary tasks rеlatеd to thе salе, such as signing documеnts and managing financial transactions.

Validity of Real Estate POA In Dubai

The validity of a POA for real estate transactions in Dubai depends on certain factors, including local legislation and general rules. Here are some key points regarding the validity of a property POA in Dubai:

• A POA used for a property purchase in Dubai is valid for five years. 
• A POA used for selling a property in Dubai is valid for two years. 
• The Dubai Land Department accepts a POA for real estate. transactions that are less than two years in duration.
• It is important to ensure that the property POA is renewed if its validity period has expired.

For a power of attorney of property to be invoked and valid, two witnesses must be present at the signing of the document.

Limitations of Real Estate POA In Dubai

In Dubai, a Power of Attorney (POA) for real estate transactions has certain limitations and restrictions that have been implemented by the concerned real estate authorities to protect property owners and prevent misuse of the POA in Dubai. 

Validity Period: According to the rules of the Dubai Land Department (DLD), a POA for property sale must not be more than 2 years old. If a POA has been executed, it must be used within two years from the date it comes into effect. Otherwise, re-validation of the POA would be required.

Restrictions on Recipients: A POA for buying and/or selling real estate cannot be given to real estate brokers or individuals who are holding real estate-related positions in Dubai.

Specific Purpose: A POA used for real estate transactions in Dubai has a specific validity period. Property POA can be used for up to 5 years for a property purchase or 2 years for selling a property.

Limited Scope: Only particular POAs that outline the property and the acts permitted by the grantee concerning that property are issued by the Dubai Notary Public and Dubai Courts. General POAs are not issued for real estate purposes.

Notarization and Legalization: A POA for real estate transactions in Dubai must be notarized by the Dubai Notary Public or a Notary Public based in the country where the POA is granted. It must also be legalized at the UAE Embassy in the foreign country and attested at the UAE Ministry of Foreign Affairs if it is granted outside of the UAE.

Limitations for Attorney: It’s important to note that a power of attorney for property does not grant the attorney the authority to write a will on behalf of the principal.

Difference Between POA and HOA/COA

It’s worth mentioning that in the context of real estate, POA stands for Property Owners Association, which is a governing body that encompasses Homeowners Associations (HOAs) and Condominium Owners Associations (COAs). While HOAs and COAs are more focused on maintaining property values and enforcing community standards, a POA has a broader scope and supports the local real estate industry.

Steps to Make The Property POA in the UAE

If you are looking to make a POA for sale of property in the UAE, there are three key steps you need to keep in mind:

Step 1: Find someone you trust to act on your behalf

The first step is to find someone you trust to act on your behalf in your property POA. You have three options for the type of attorney you can appoint for this task: a company POA, a general manager POA, or a local partner POA. It is important to choose somеonе who will rеprеsеnt your intеrеsts effectively.

Step 2: Notarize the POA

In the UAE, a POA must be reviewed by a Notary Public and stamped as a legal document. The POA should primarily be in Arabic, or if it is in another language, it should have an official translation into Arabic. 

If the POA is issued outside the UAE but will be used in the UAE, it should be notarized, translated into English or Arabic, and legalized by the UAE Embassy and Department of Foreign Affairs. Alternatively, it can be attested by the respective Consulate/Embassy in the UAE from where it was originally issued and then attested by the Department of Foreign Affairs in the UAE.

Step 3: Complete the legalization process

If the POA is prepared outside the UAE, it needs to go through a legalization process to be valid inside the UAE. The power of attorney must be attested by the UAE Embassy in the relevant country and then couriered to the UAE for further attestations by the UAE Ministry of Foreign Affairs.

Conclusion

It is important to note that thе spеcific requirements and procedures for making a propеrty powеr of attornеy may vary depending on thе circumstances and thе authoritiеs that arе involvеd in it. It is advisable to consult with a legal professional or a reputable service provider like MyPOA to ensure that you follow the correct steps and meet all the necessary requirements.