A Shift in the Resolution of Real Estate Disputes in Ras Al Khaimah

As real estate activity continues to expand, a clear and effective mechanism for resolving disputes is essential to ensure legal certainty and to protect the interests of property owners, developers, investors and other stakeholders. Against this backdrop, recent legislative developments have changed the framework governing the resolution of real estate and rental disputes in the Emirate of Ras Al Khaimah (“RAK”).

By Emiri Decree No. 11 of 2026 (the “Emiri Decree”), which came into force on 1 September 2026, RAK has amended the jurisdiction of the Special Committee for the Resolution of Real Estate and Rental Disputes (the “Committee”).

The Committee was established under RAK Emiri Decree No. 2 of 2012, as subsequently amended by RAK Emiri Decree No. 5 of 2013, RAK Emiri Decree No. 3 of 2015 and RAK Emiri Decree-Law No. 11 of 2017. Under that framework, the Committee had exclusive jurisdiction over the settlement of all the real estate and lease disputes.

The Emiri Decree removes real estate disputes from the Committee’s jurisdiction. Since 1 September 2026, real estate disputes are heard by the RAK Courts, while rental disputes remain with the Committee, which has been renamed the “Special Committee for the Resolution of Rental Disputes in the Emirate of Ras Al Khaimah”. It has been clarified under Article 4, that the Committee will continue to hear rental disputes in accordance with its establishing legislation and governing procedures, to the extent that such provisions and procedures do not conflict with the Emiri Decree 2026.

New litigation framework for real estate disputes

Real estate disputes now proceed through the ordinary RAK Courts. Parties therefore have access to the ordinary stages of civil litigation: proceedings begin before the Court of First Instance, with a right of appeal to the Court of Appeal and, where the applicable requirements for cassation are satisfied, a further challenge before the Court of Cassation.

This is a material change from the previous Committee-based regime, under which the principal avenue for challenging a final decision was the considerably narrower reconsideration procedure. The new framework gives parties broader procedural avenues to present their arguments and to challenge adverse judgments, which is likely to be most significant in complex and high-value disputes.

Practical implications

The amendment is particularly relevant to real estate developers, investors, construction companies, property owners and other parties involved in real estate transactions in RAK. In particular, parties should:

• Reassess the appropriate forum for new disputes. Any new dispute concerning real estate should be assessed against the amended jurisdictional framework to determine whether it falls within the jurisdiction of the RAK Courts or whether it remains a rental dispute within the Committee’s jurisdiction. The characterisation of a claim — for example, a claim arising out of an off-plan sale and purchase agreement, a service charge claim or a claim between a landlord and tenant that also raises ownership issues — will determine the forum, and careful analysis may be required in mixed cases.
• Review pending proceedings before the former Committee. The Committee under Article 3 of the Emiri Decree, must transfer all pending real estate cases to the competent RAK Courts on its own motion and without charging additional fees, in the status in which they stand, including cases adjourned for judgment. It was clarified, where a litigant is absent, the Case Management Office will notify that litigant of the referral order and instruct them to appear before the court to which the case has been referred. All Parties with existing real estate proceedings should assess the status and procedural consequences of the transfer of those matters to the RAK Courts, including any procedural steps, filings or fees required following the transfer, and the effect on any limitation periods. The transfer itself does not appear to restart or interrupt limitation periods, since the cases are transferred in the status in which they stand.
• Take the new framework into account in transactions. Developers, investors and other stakeholders should reflect the amended jurisdictional framework when structuring transactions, drafting dispute-resolution provisions and assessing potential litigation risk in RAK. Existing contracts that refer disputes to the Committee by name may warrant review and, where appropriate, should be updated, particularly their dispute-resolution clauses, to refer to the “competent courts in Ras Al Khaimah” to avoid any potential jurisdictional disputes, since the Committee no longer has jurisdiction over real estate disputes.

Conclusion

The Emiri Decree marks a significant shift in the dispute-resolution framework applicable to real estate matters in RAK. By removing real estate disputes from the Committee’s jurisdiction and returning them to the ordinary RAK Courts, it gives parties access to the conventional multi-tier court system, including first-instance proceedings, appeal and, where applicable, cassation. Article 5 of the Emiri Decree further repeals any provision that conflicts with its terms, consolidating the shift to the new framework.

The reform is particularly significant for parties involved in substantial or complex real estate matters, as it provides broader procedural avenues for the presentation and review of claims and defences.

Businesses and investors with existing or anticipated real estate disputes in RAK should review their position in light of the amended jurisdictional framework and assess the implications for pending proceedings, prospective claims and existing contractual arrangements.

For further information on the evolving real estate legal and regulatory landscape in Ras Al Khaimah, including the implications of the recent changes to the dispute-resolution framework, please contact our real estate team. We would be pleased to assist with queries regarding real estate transactions, dispute resolution, regulatory requirements or other matters affecting the real estate sector in the Emirate.

This publication is intended for general information only and does not constitute legal advice. Specific advice should be sought in relation to any particular matter.

	Essa Ziad Galadari Managing Partner – Abu Dhabi, Deputy Head of Litigation, Dubai [email protected]
	Manish Narayan Partner [email protected]