Jurisdiction Over Real Estate Disputes Returns to RAK Courts

RAK Committee Now Limited to Rental Disputes Only

On 20 July 2026, H.H. the Ruler of Ras Al Khaimah issued Emiri Decree No. 11 of 2026 amending the jurisdiction of the Special Committee for the Resolution of Real Estate and Rental Disputes in the Emirate of Ras Al Khaimah. The Decree, which came into effect on 1 September 2026, renames the Committee to the “Special Committee for the Resolution of Rental Disputes in the Emirate of Ras Al Khaimah” and removes real estate disputes from its jurisdiction entirely. The Committee will now only retain jurisdiction over rental disputes.

This is a significant development. Under the original Emiri Decree No. 2 of 2012, the Committee had exclusive jurisdiction over both real estate disputes arising from transactions involving registered real estate development companies in Ras Al Khaimah and rental disputes. Crucially, under Article 7 of the 2012 Decree, the Committee’s judgments were final and binding. They could only be challenged by way of a petition for reconsideration before the same Committee, which is a remedy accepted only in narrow circumstances as outlined under Article 171 of the UAE Civil Procedures Law of 2022. Article 171 limits reconsideration to specific grounds such as fraud, forgery, discovery of withheld decisive documents, judgments exceeding the parties’ claims, contradictions in the operative part of the judgment, or improper representation.

With the removal of real estate disputes from the Committee’s jurisdiction, such disputes will now be heard by the regular RAK Courts through standard civil litigation proceedings. This means that real estate disputes will be subject to two-stages adjudication process: first instance before the Court of First Instance, followed by a right of appeal before the Court of Appeal. Furthermore, if the appeal judgment meets the criteria for cassation under the Civil Procedures Law (i.e., the claim value exceeds AED 500,000 or involves questions of law), parties may also file a cassation petition before the Court of Cassation.

This reform represents a major shift from the previous position, where parties had only one opportunity to have their real estate disputes adjudicated, with the Committee’s decision being final and challengeable only through the very limited reconsideration remedy. Under the new framework, parties will benefit from broader and more robust avenues to challenge judgments in real estate matters, with full access to first instance, appeal, and potentially cassation proceedings. In particular. It is important given that real estate disputes are typically of relatively significant value and can be very complex in nature. The new framework addresses this by enabling parties to submit their different defences across multiple stages of litigation, including first instance, appeal, and potentially cassation, rather than being confined to the very narrow grounds available under the reconsideration petition.

Relevance

This development is relevant to dispute resolution and real estate and construction sectors. It is particularly significant for developers, real estate investors, construction companies, and all entities engaged in real estate transactions in the Emirate of Ras Al Khaimah.

Summary

Amiri Decree No. 11 of 2026 amends the jurisdiction of the RAK Real Estate and Rental Disputes Committee, limiting it exclusively to rental disputes. Real estate disputes will now be heard by the regular RAK Courts through standard civil proceedings, providing parties with a first instance hearing, a right of appeal, and potentially a cassation remedy. This is a welcome change from the previous regime under which the Committee’s judgments on real estate disputes were final and could only be challenged by way of reconsideration petition under the limited grounds set out in Article 171 of the UAE Civil Procedures Law of 2022. The new framework offers parties broader and more open routes to challenge judgments relating to real estate property disputes.

How can we help

Our team at the Ras Al Khaimah office is well-positioned to assist you with any queries, legal advice, or representation in matters relating to real estate disputes in the Emirate. Whether you are involved in ongoing proceedings before the Committee that will be transferred to the RAK Courts, or you are contemplating new real estate claims, we are happy to support you throughout the process. Please do not hesitate to reach out to our key contacts below.