The rapid evolution of Ras Al Khaimah's real estate sector,
particularly in the branded residences space, has created new
opportunities and challenges for developers, financiers, and
purchasers alike. With the introduction of Law No. 12 of 2023 On
Regulating Real Estate Development in the Emirate of Ras Al Khaimah
("RED Law"), the legal landscape now
provides a clear and robust framework for off-plan projects.
In this article, we look at whether a Developer can mortgage
their off-plan branded residence project during construction to
fund the often significant construction costs associated with
Off-plan branded residence projects.
Legal Basis for Project Mortgages
Article 21 of the RED Law permits developers to mortgage
off-plan units within an off-plan project during construction to
obtain financing for the completion of construction works, subject
to the following terms and controls: