The 10‑Year Structural / 1‑Year Fixtures Rule in RAK — In Plain English

The 10‑Year Structural / 1‑Year Fixtures Rule in RAK — In Plain English

Buying (or about to hand over) a villa in Ras Al Khaimah from overseas? Two clocks protect you after completion: a 10‑year clock for structural issues and a 1‑year clock for fixtures (MEP/electrical/sanitary). Knowing what each covers—and how to prove a claim—will save you time and money.

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The rule, straight from the law

RAK’s real‑estate law says a developer must:

1. Repair structural parts for 10 years starting from the Completion Certificate (CC) date; and

2. Repair/replace defective fixtures for 1 year starting from handover (or from the CC if an owner refuses/doesn’t take handover). The law also says any agreement that contradicts these periods is void.

What’s a CC? It’s the municipality’s sign‑off that the project was completed in line with the approved plans. RAK Municipality runs a “Completion Certificate” service; keep the CC date—it starts the 10‑year clock.

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What counts as STRUCTURAL (10‑year, from CC)

The law uses the phrase “structural parts of the real estate development project.” In everyday terms, that means the load‑bearing bones of the building—elements whose failure affects stability or safety. Typical examples:

• Foundations & piles

• Columns, beams, shear walls, slabs (reinforced concrete or structural steel)

• Load‑bearing masonry, stair structures

• Primary roof structure and major retaining walls

If a defect threatens the stability or safety of the building—even if it hasn’t collapsed—UAE federal law (the Civil Code “decennial liability”) also makes the contractor and supervising engineer jointly liable for 10 years. That sits alongside your RAK rights.

Examples of structural defects you can claim:

• Progressive cracks in load‑bearing elements; concrete spalling exposing rebar.

• Differential settlement of foundations causing structural distortion

• Roof structure failure/deflection compromising safety

• Retaining wall movement endangering the villa or neighboring plots

Clock start: CC date. Keep a copy of the certificate; it anchors the 10‑year period.

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What counts as FIXTURES (1‑year, from handover)

The law explicitly lists “mechanical, electrical, sanitary and sewerage works and the like.” Think MEP systems and fittings you use daily.

Typical covered items:

• Mechanical: A/C indoor/outdoor units, air handlers, ductwork, extract fans, circulation pumps

• Electrical: Main distribution board/RCBOs, sub‑DBs, wiring to outlets, switches, lighting, isolation switches for cooker/water heater/A/C

• Sanitary & sewerage: Water heaters, cold/hot water piping, valves/flexi hoses, WCs, basins, showers, floor drains, traps, rainwater downpipes, sump pumps

Examples of fixture defects you can claim in year one:

• A/C not cooling or condensate leaking at grilles

• Reversed socket polarity, tripping RCDs, dead outlets

• Leaking traps/flexi hoses, slow or backfalling drains, WCs rocking or refilling endlessly

• Insufficient water pressure or no hot water at distant taps

Clock start: Your handover date (the day you accept the unit and receive keys). If you refuse/don’t take handover, the 1‑year runs from the CC date by law.

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Which clock starts when (one‑look guide)

• CC → 10‑year structural

• Handover → 1‑year fixtures

• Owner refused/didn’t take handover → fixtures 1‑year counts from CC

• Any clause trying to shorten these → void.

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How to evidence your claim (what actually works)

Whether you’re in RAK or abroad, treat each issue like a mini case file.

1) Dates up front

• Put CC date and handover date at the top of every email and report. (CC proof = the municipality certificate.)

2) Photos, video & location

• Wide shot → close‑up → serial/label tag.

• For leaks: show before (dry), during (leak under operation), after (tissue test).

• For electrics: photo the DB schedule, tripping RCBO test, and the dead/measured outlet.

3) Measurables

• Note temperatures/pressures (A/C supply temp; water pressure), sound/vibration (short clip), or flow tests (e.g., 1‑liter bottle fill time).

4) Logs & model numbers

• Record appliance serial numbers, equipment nameplates, and meter numbers for utilities.

5) Engineer or third‑party report (for structural)

• For anything that hints at stability—foundation movement, major structural cracking—attach an engineer’s letter with photos and recommended remediation. Federal decennial liability kicks in for stability/safety issues and bolsters your position. 

6) Submit in writing

• Email the developer/facilities team with a numbered list: Location → Issue → Evidence link → Severity (L/M/H) → Requested fix → Access window.

7) Escalate if needed

• Use RAK’s e‑Complaint pathway; if you don’t receive a final response within 15 calendar days or you’re dissatisfied, escalate to the Independent Complaints Reviewer (ICR) for the Land & Properties Sector.

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Quick comparison table

Legal anchors: Article 49 (structural 10 years from CC; fixtures 1 year from handover or CC if handover refused; contradictory agreements void). Completion Certificate service clarifies what the CC is.

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“I’m overseas—how do I run this without flying in?”

1. Appoint a Power of Attorney or instruct a professional snagging firm to run the walkthrough before handover, produce a defect list with photos, and supervise rectification visits.

2. Keep everything on email; store files in a shared cloud folder titled with your CC and handover dates.

3. If you must escalate, file the e‑Complaint and keep the reference number; escalate to ICR after 15 days without a final response or if the outcome is unsatisfactory.

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Wayhome’s plain‑English checklists you can copy

Structural claim email (use when stability/safety may be affected):

• Subject: RAK Villa – Structural Defect Notification (CC: 2025‑03‑18)

• Body: We report a structural defect affecting [element]. See attached engineer’s note and photos (01–06). Under Article 49(A)(1), please confirm the remediation plan and dates. CC date is 2025‑03‑18; the 10‑year period runs from this date.

Fixtures claim email (use within 12 months of handover):

• Subject: RAK Villa – Fixtures Defect (Handover: 2025‑04‑30)

• Body: Defect at [location]: [issue]. Evidence attached (photos/video). Under Article 49(A)(2), please repair/replace and confirm access on [dates].

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Who does what (and where to look it up)

• RERA‑RAK (under RAK Municipality) regulates the real‑estate sector—developers, brokers, owners’ associations, etc. Useful for understanding oversight and contacting the right desk. 

• RAK Municipality e‑services host the Completion Certificate workflow and the ICR escalation portal.

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Final word from WAYHOME

• 10‑year = the building’s bones (from CC).

• 1‑year = the MEP fixtures you use daily (from handover, or CC if you didn’t take handover).

• Put both dates on every report. Photograph like a pro. Escalate with the ICR if needed.

Need eyes on the ground?

Book a remote snagging walkthrough with WAYHOME Real Estate. We’ll capture evidence, prepare a developer‑ready list, and track fixes against your legal timelines.

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This article is general guidance, not legal advice. Always follow your SPA and official instructions from RAK Municipality’s Lands & Properties Sector.