Handover Legal Procedure

The following information will guide you through the procedure required for the Handover of your unit. The Notice of Handover (“NOH”) is the Notification for the Handover of your unit(s), included within this pack are:

• The Notice of Handover (NOH)
• The Service charges Fee invoices with separate account details
• Details on registering with DEWA (Dubai Electricity and Water Authority)
• Sample Power of Attorney (POA)
• Essential guidelines

Prerequisites

• Registration with DEWA is mandatory prior to the handover of your Unit(s) Upon confirmation from Handover Department.
• Bank NOH and Bank attested copy of your Purchase Agreement in case of Mortgaged properties.
• Documents as specified in the Customer Payment & Handover Fact sheet

The PCC is a mandatory document to process the handover. This is issued at our office at the point of Handover only on clearance of all dues which includes the following:

• The Final Installment.
• Unit Title Deed Issuance Charges.
• • We recommend that you confirm receipt of payments into our accounts prior to arranging for your handover.

• The handover will be conducted at the Azizi Head Office located on the 8th floor Room 804 Conrad Office, Sheikh Zayed Road, Dubai UAE.
• Once all the payments are cleared into our accounts, please contact us at email mentioned handover notice or call us at 04-308 5666 to book an appointment for Handover and your Move-in.
• Appointments will be available between 9:00 - 13:00 & 14:00 - 17:00 Sunday to Thursday, except public holidays).
• The Handover is given only to the Owner(s); both Owners must be present in case the Unit has a Joint buyer.
• In case either one of the buyers is unable to attend the Handover or in case of a third party being authorized to take Handover on behalf of the owner(s) or represent a Company, the nominated person should bear a Power of Attorney** (attested & notarized).

Please go through the Handover & Payment fact sheet for the documents required for the Handover Process.

• During the first 12 months from the Completion Date a construction Defects Liability Period (DLP) exists. This only relates to failure or malfunction of the equipment but excludes failure caused by daily wear and tear, damage, negligence, or incorrect maintenance of equipment including all fittings and fixtures. White goods supplied (where applicable and as per handover) within the apartment are provided with the manufacturer's initial warranty. Thereafter responsibility remains with the Homeowners.
• In line with your contractual terms, possession & occupation shall be given to you as of the Completion Date with all Risk & Benefit in respect to the Unit(s) shall transfer to the registered Owner(s) within thirty (30) days. You are expected to take possession of your Unit(s) within thirty (30) days; In the event that you fail to take handover of your Unit(s) and if the Unit is left unoccupied, all damages that may occur as a result or consequentially thereof will not be covered by the warranties under the Defect Liability Period. It is the Owners responsibility to maintain their Unit(s) after the Completion Date and ensure all service charges are paid in full and on time.
• Faults in your Unit (if any and if within the 12-month Defect Liability Period), should be made known to us and submitted to us within 48 hours in order for us to investigate and where appropriate rectify the issue raised. Please note all deficiencies which are not recorded at the time of Handover are entirely the Owners responsibility. Your comments will be forwarded to our Contractors to tend to the defects reported subject to the assessment of the Consultants and/or the Projects team. All observations that do not prevent the occupation of the Unit shall be made good by the Contractor at a suitable time within the Defect Liability Period. Such minor observations should not affect beneficial occupancy of your Unit or be used as a cause for refusing handover of the Unit.
• Utility charges by service providers such as DEWA, your chosen Gas Supplier including but not limited to Consumption, Demand & Maintenance charges as invoiced by the service provider are payable directly by the Unit Owner/Occupier.

Single Ownership

• Original Sale & Purchase Agreement
• Valid Passport for identification
• Emirates ID for Residents
• Original ID of your home country if not a resident
• Payment Clearance Certificate

Multiple Ownership

• Original Sale & Purchase Agreement
• Valid Passports of both Buyers
• Emirates ID for Residents
• Original ID of your home country if not a resident
• In the absence of one of the Buyers a Notarized & Attested Power of Attorney (POA) ** issued by the absent Buyer
• Valid Passport copy of the absent buyer (if applicable)
• Payment Clearance Certificate

Handover to Third Party

• Original Sale & Purchase Agreement.
• Notarized & Attested Power of Attorney (issued by both buyers in case of multiple Buyers).
• Valid Passport copy of Buyer(s) for verification
• Authorized representative should present Valid Passport
• Payment Clearance Certificate.

Company Ownership

• Original Sale & Purchase Agreement
• Original Trade License (for UAE registered Companies)
• Articles & Memorandum of Association.
• Certificate of Incorporation / Business Registration
• Registered shareholders & Directors of the Company- Share Certificate & Board Resolution to be provided
• Authorized representative should present valid Passport
• Notarized & Attested Power of Attorney, signed by the authorized signatories as per the documents in point 3 & 4.
• Valid Passport copies of authorized signatories
• Alternatively, an Attested & Notarized Board Resolution for
  Handover is required if one (of many) authorized signatory is to take handover
• Payment Clearance Certificate

In case you have opted for finance from a bank please arrange to have the following:

• A No objection letter from the developer to hand over the property to the buyer(s)
• Attested copy (by the financer) of your Sales and Purchase agreement if the original has been retained.

* PCC (Payment Clearance Certificate) is issued by AZIZI at the point of handover for Units with no dues

** The POA should be specific to the Unit, authorizing the bearer to take handover & sign all documents on the owner's behalf.

The POA &/or Company documents should be Attested & Notarized by the UAE courts. For non-UAE residents the POA should be Attested & Notarized by a solicitor and the UAE embassy of that country + UAE’s Ministry of Foreign Affairs. The documents would have to be accompanied by a legal translation into Arabic if the original document is in any other language. Below is enclosed is a sample of the Power of Attorney letter

*** Attested Original documents or attested true copy

In case, the apartment was purchased in the name of a minor, who has since attained majority. The hand over will be given jointly to the Buyer and the Guardian who signed the Agreement

Please forward the scanned copy (all stamped pages) to handover@azizidevelopments.com for approvals prior to arriving for your Handover to avoid any inconvenience.