Freehold vs Leasehold Dubai properties: which one is better for you
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Which property ownership is right for you in Dubai: freehold vs leasehold

Eugenia Poplevkina The author of the article, the Broker
#Blog DDA
8 October 146412 views

Buying property in Dubai can be both exciting and overwhelming. One of the first questions buyers encounter is whether the property is offered as freehold or under a long-term lease / usufruct structure.

The distinction is important because it affects the duration of the buyer's rights, registration, inheritance, resale and long-term investment strategy.

Dubai Land Department confirms that foreign nationals may own property in designated freehold areas, while Dubai legislation also allows foreigners to acquire usufruct or leasehold rights in designated areas for periods of up to 99 years.

What Is Freehold Property?

Freehold property gives the registered owner ownership rights without a fixed expiry date.

Under Law No. 7 of 2006 Concerning Real Property Registration in the Emirate of Dubai, non-UAE nationals may acquire freehold ownership without time restriction in areas designated by the Ruler of Dubai.

Dubai Land Department similarly states in its Frequently Asked Questions that foreigners may own property in designated freehold areas.

Freehold owners can generally:

  • sell the property;
  • lease it;
  • mortgage it, subject to lender and DLD requirements;
  • transfer it through inheritance or other legally permitted transactions;
  • register ownership in their name with Dubai Land Department.

The key feature is that freehold ownership itself does not expire after a fixed number of years.

What Is Leasehold Property?

In Dubai property terminology, “leasehold” is often used broadly to describe a long-term right to use and benefit from a property without acquiring permanent freehold ownership.

Dubai law distinguishes between rights such as usufruct and long-term leasehold.

Article 4 of Law No. 7 of 2006 provides that non-UAE nationals may be granted:

  • usufruct rights; or
  • leasehold rights

for a period not exceeding 99 years in designated areas.

Dubai Land Department's Usufruct / Musataha Right Registration service also describes a usufruct / long-term lease as a right to use and benefit from another person's property for a period not exceeding 99 years.

Therefore, the previous wording that leasehold property in Dubai is “typically 30 to 99 years” is too broad.

A more accurate description is:

Long-term leasehold or usufruct rights for foreign buyers can run for a contractually defined period, subject to a maximum of 99 years under the general Dubai property-registration framework.

Some specific areas can have different statutory terms.

For example, Regulation No. 2 of 2012 permits non-UAE nationals to acquire usufruct rights for up to 85 years over specified plots in Dubai Investment Park First and Dubai Investment Park Second.

When the registered right expires, the buyer no longer has the same continuing ownership interest as a freehold owner. The exact consequences and any renewal rights depend on the registered legal right and underlying agreement.

Key Differences: Freehold vs. Leasehold

Feature Freehold Long-term leasehold / usufruct
DurationNo fixed expiryDefined term, generally up to 99 years
OwnershipRegistered freehold ownershipRight to use / benefit from property for the registered term
RegistrationRegistered with DLDLong-term right should also be registered with DLD
InheritanceOwnership can pass subject to applicable succession lawRights can only continue within the remaining registered term and applicable law
Sale / transferGenerally transferable subject to legal requirementsTransfer may be possible, subject to the registered right and contractual restrictions
MortgageCan generally be mortgaged subject to bank approvalFinancing can be more restricted
Long-term valueNo decline simply because of an ownership expiry dateRemaining term can affect marketability and valuation

The most important difference is therefore not simply price, but the nature and duration of the legal right being acquired.

Which Areas Can Foreigners Own Freehold Property In?

Dubai does not regulate foreign ownership through a simple marketing list of community names.

The legal framework identifies specific areas and land plots, with additional plots added over time through amendments and later resolutions.

The original Regulation No. 3 of 2006 Determining Areas for Ownership by Non-UAE Nationals includes plots in areas such as:

  • Umm Hurair 2;
  • Al Barsha South 2;
  • Al Barsha South 3;
  • Emirates Hills 1;
  • Emirates Hills 2;
  • Emirates Hills 3;
  • Jebel Ali;
  • Al Jaddaf;
  • The World Islands;
  • Ras Al Khor;
  • Al Rowyah;
  • Sheikh Zayed Road;
  • Sufouh 1;
  • Sufouh 2;
  • Al Quoz 3;
  • Al Quoz Industrial Area 2;
  • Al Quoz Industrial Area 3;
  • Mirdif;
  • Dubai Marina;
  • Palm Jebel Ali;
  • Palm Jumeirah;
  • Nad Al Sheba;
  • Warsan 1.

Importantly, the regulation applies to the specified plots within these areas, not necessarily every property carrying the same district name.

The designated ownership areas have subsequently been expanded.

For example:

This is why a buyer should not rely solely on statements such as “this whole district is freehold”.

How to Check Whether a Specific Property Is Freehold

For an individual purchase, checking the exact property is more reliable than relying on a generic list of communities.

Dubai Land Department's Real Estate Data includes dedicated fields for:

  • Is Free Hold?
  • Is Lease Hold
  • land number;
  • project;
  • master project;
  • area;
  • zone.

This makes it possible to verify the tenure status at property or project level.

For a specific purchase, the buyer should also confirm:

  • the Title Deed or registered right;
  • exact land / unit number;
  • developer documentation;
  • DLD registration information.

Are Downtown Dubai and MBR City Freehold?

Both areas contain property widely marketed to international buyers, but the legal framework for foreign ownership should not be reduced to a blanket district-level statement without checking the underlying plot.

The official legislation defines ownership rights at area and plot level, and the designated ownership map has been expanded through a series of regulations and resolutions.

Therefore, for properties marketed in areas such as:

  • Downtown Dubai;
  • Mohammed Bin Rashid City;
  • Business Bay;
  • Dubai Hills;
  • JVC;
  • Dubai Creek Harbour;

the safest publication wording is that many projects are offered as freehold to foreign buyers, but the exact legal status of the individual project or plot should be verified through Dubai Land Department before purchase.

This is more precise than treating every marketing district as one homogeneous freehold zone.

What About Areas With Leasehold or Usufruct Rights?

Some land is specifically designated for long-term lease or usufruct rights rather than unrestricted freehold ownership.

For example, Resolution No. 25 of 2021 allows non-UAE nationals to acquire usufruct and lease rights for up to 99 years over specified plots in:

  • Jebel Ali Industrial Third;
  • Ras Al Khor Industrial Third;
  • Warsan First.

Another example is Dubai Investment Park, where Regulation No. 2 of 2012 provides for usufruct rights of up to 85 years over specified plots.

This demonstrates why describing entire districts such as Green Community, Dubai Silicon Oasis or Deira simply as “leasehold areas” can be misleading.

The ownership structure should be verified for the actual plot and unit.

Examples of Freehold and Leasehold Structures

Rather than classifying an entire modern community without checking the underlying land, buyers can use the following as legally verified examples:

Area / plot category Right available to non-UAE nationals Official basis
Dubai Marina — specified plots Freehold / usufruct / lease up to 99 years Regulation No. 3 of 2006
Palm Jumeirah — specified plot Freehold / usufruct / lease up to 99 years Regulation No. 3 of 2006
Emirates Hills — specified plots Freehold / usufruct / lease up to 99 years Regulation No. 3 of 2006
The World Islands — specified plot Freehold / usufruct / lease up to 99 years Regulation No. 3 of 2006
Madinat Al Mataar — specified plots Freehold / usufruct / lease up to 99 years 2015, 2016 and 2021 resolutions
Trade Centre Second / Zaabeel Second — specified plots Freehold / usufruct / lease up to 99 years Resolution No. 18 of 2019
Zabeel First — specified plots Freehold Resolution No. 6 of 2022
Dubai Investment Park First / Second — specified plots Usufruct up to 85 years Regulation No. 2 of 2012
Jebel Ali Industrial Third / Ras Al Khor Industrial Third / Warsan First — specified plots Usufruct / lease up to 99 years Resolution No. 25 of 2021

This is not an exhaustive list of every property available to foreign buyers in Dubai.

For a current transaction, verify the individual property through DLD.

Pros and Cons of Freehold

Pros

  • ownership without a fixed expiry date;
  • greater flexibility for resale;
  • potential to mortgage the property, subject to lender approval;
  • suitable for long-term ownership and succession planning;
  • broad availability in many of Dubai's major international-investment projects.

Cons

  • purchase prices can be higher in premium freehold developments;
  • service charges and other ownership costs still apply;
  • freehold status does not guarantee strong investment performance.

Pros and Cons of Leasehold / Usufruct

Pros

  • can provide access to property for a long period without acquiring perpetual ownership;
  • some projects may have a lower entry price;
  • can suit buyers whose planned holding period is substantially shorter than the remaining registered term.

Cons

  • the legal right has a defined expiry date;
  • the remaining term can affect financing and resale;
  • contractual restrictions may apply;
  • valuation can become more sensitive as the remaining term decreases.

Who Should Consider Freehold?

Freehold may suit:

  • investors planning long-term ownership;
  • buyers who prioritise resale flexibility;
  • end-users who want ownership without an expiry date;
  • buyers considering succession or inheritance planning.

Who Should Consider Leasehold?

Long-term leasehold or usufruct may suit:

  • buyers who do not require permanent ownership;
  • purchasers whose expected holding period is well within the remaining term;
  • buyers for whom the specific property and price outweigh the limitations of the tenure.

The decision should be based on the remaining registered term and contract, not simply on the label “leasehold”.

Legal Framework

The main legal basis is Law No. 7 of 2006 Concerning Real Property Registration.

Article 4 distinguishes between:

  • freehold ownership without time restriction; and
  • usufruct or leasehold rights for periods not exceeding 99 years.

The locations in which foreigners may acquire these rights are then defined by Regulation No. 3 of 2006 and subsequent regulations and resolutions.

Dubai Land Department stresses that real estate transactions and changes in property rights must be registered in DLD's registers.

Official guidance: Dubai Land Department — Frequently Asked Questions.

Resale and Exit Strategy

Freehold property has no ownership-expiry date, so there is no reduction in the legal term simply because time has passed.

With leasehold or usufruct property, however, the remaining registered term becomes an important part of the asset.

Buyers considering this type of property should check:

  • original term;
  • remaining term;
  • transfer restrictions;
  • renewal provisions, if any;
  • mortgage availability;
  • how comparable properties with shorter remaining terms are priced.

There is no official DLD rule stating that a leasehold property must be sold during the first half of its term or before 20–25 years remain.

Those may be investment-strategy considerations, but they should not be presented as regulatory thresholds.

Investor's Checklist: Freehold vs. Leasehold

Before buying:

  • Check the exact tenure. Do not rely only on the project brochure.
  • Check the property in DLD records. Confirm whether it is freehold or leasehold.
  • If leasehold / usufruct, check the remaining term.
  • Read the registered agreement. Review transfer, mortgage and renewal rights.
  • Check financing before committing. Banks may assess long-term rights differently from freehold.
  • Consider your holding period. A shorter investment horizon may reduce the importance of perpetual ownership.
  • Consider resale liquidity. The remaining term can influence buyer demand.
  • Check the exact plot rather than the marketing name of the district.

FAQ

Can foreigners buy freehold property in Dubai?

Yes.

Under Law No. 7 of 2006, non-UAE nationals may acquire freehold property without time restriction in areas designated by the Ruler of Dubai.

Dubai Land Department also confirms that foreign ownership is permitted in freehold areas.

How long can a leasehold property right last in Dubai?

Under the general framework for non-UAE nationals, leasehold and usufruct rights may be granted for up to 99 years.

The specific registered term can be shorter.

For example, designated plots in Dubai Investment Park have usufruct rights of up to 85 years under Regulation No. 2 of 2012.

Is every property in a “freehold district” automatically freehold?

Not necessarily.

Dubai legislation often defines foreign-ownership areas through specific land plots.

Always verify the individual unit or plot through DLD.

What happens when a long-term lease or usufruct expires?

The holder's registered right is limited by its legal term.

The exact position at expiry, including whether renewal is possible, depends on the registered right, applicable legislation and contractual terms.

Is Dubai Marina freehold?

Specified Dubai Marina plots are expressly included in Regulation No. 3 of 2006 among the areas where non-UAE nationals may obtain freehold ownership, usufruct or lease rights.

For an individual property, the unit should still be checked in DLD records.

Is Palm Jumeirah freehold?

The Palm Jumeirah plot identified in Regulation No. 3 of 2006 is expressly designated for foreign ownership rights including freehold.

Is Dubai Investment Park freehold or leasehold?

The answer depends on the specific property.

Regulation No. 2 of 2012 specifically provides usufruct rights of up to 85 years over identified plots in Dubai Investment Park First and Second.

Other projects or plots should be checked separately in DLD records.

Can leasehold property be mortgaged?

Potentially, but bank policies can be more restrictive than for freehold property.

The lender will consider the legal right, remaining term, property and borrower profile.

Final Thoughts

The difference between freehold and leasehold property in Dubai is fundamentally a difference in legal rights and duration.

Freehold means ownership without a fixed expiry date.

For foreign buyers, long-term leasehold and usufruct rights are generally permitted for a maximum of 99 years, although specific plots can have shorter statutory terms.

The other major point is that Dubai's freehold map is plot-specific and has evolved over time. Buyers should therefore avoid relying only on broad community lists and confirm the exact legal status of the property through Dubai Land Department before purchase.

Sources

Dubai Legislation — Law No. 7 of 2006 Concerning Real Property Registration
Primary legal basis for foreign freehold ownership and the maximum 99-year leasehold / usufruct period.

Dubai Legislation — Regulation No. 3 of 2006
Original official list of land plots designated for ownership rights by non-UAE nationals.

Dubai Land Department — Frequently Asked Questions
DLD confirmation of foreign ownership in freehold areas and requirement to register property transactions.

Dubai Land Department — Real Estate Data
Official property-level data containing the fields “Is Free Hold?” and “Is Lease Hold”.

Dubai Land Department — Usufruct / Musataha Right Registration
Official DLD registration procedure describing long-term usufruct / lease rights of up to 99 years.

Dubai Legislation — Regulation No. 1 of 2011
Addition of designated plots in Al Lisaili and Me'aisem 2.

Dubai Legislation — Regulation No. 2 of 2012
Usufruct rights of up to 85 years on specified Dubai Investment Park plots.

Dubai Legislation — Resolution No. 14 of 2015
Addition of specified Madinat Al Mataar and Trade Centre Second plots.

Dubai Legislation — Resolution No. 18 of 2019
Addition of specified Trade Centre Second and Zaabeel Second plots.

Dubai Legislation — Resolution No. 7 of 2021
Additional foreign-ownership plots in Madinat Al Mataar.

Dubai Legislation — Resolution No. 25 of 2021
Up-to-99-year usufruct and lease rights over specified industrial and Warsan plots.

Dubai Legislation — Resolution No. 6 of 2022
Addition of specified plots in Zabeel First for unrestricted freehold ownership.

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