WAY home real — Completion Certificate vs. Handover

WAY home real — Completion Certificate vs. Handover: the two dates overseas buyers must track (RAK)

Audience: overseas investors buying off‑plan villas in Ras Al Khaimah (RAK).
Why this matters: two milestones start two different “warranty clocks.” Get the dates right and you preserve your rights to free rectification.

⸻

The short answer
• Completion Certificate (CC) → issued by RAK Municipality when construction is finished and compliant. It starts the 10‑year structural liability clock. 
• Handover (when you accept the unit and take keys) → starts the 1‑year fixtures liability for MEP/electrical/sanitary items. If an owner refuses/doesn’t take handover, the 1‑year runs from the CC. Any attempt to contract out of this is void. 

Bookmark these: CC date = “Day 0” for structural (10 years).
Handover date = “Day 0” for fixtures (12 months).

⸻

What each date actually means

1) Completion Certificate (CC)
• What it is: Municipality sign‑off confirming the building matches the approved plans. RAK provides a CC issuance service through its e‑services. Keep a copy; it anchors multiple deadlines. 
• What starts here:
• 10‑year structural liability on “demolition of the building entirely or partially” and defects in structural parts, counted from the CC date. 
• 5% escrow holdback: the escrow trustee must retain 5% of total project cost for 1 year from CC to cover post‑completion defects at the project level. Release needs a technical report or a bank guarantee if early. 
• Title transfer: once CC is issued and the final survey is approved, the developer must transfer title to fully paid buyers within 30 days. 

2) Handover
• What it is: The practical delivery of your unit—keys, access cards, meters, manuals—and your signature accepting it.
• What starts here: 1‑year fixtures liability—developer must repair/replace defective mechanical, electrical, sanitary, sewerage fixtures for 12 months from your handover. If you avoid or refuse handover, the law counts that year from CC. Any clause to the contrary is void. 

⸻

What to track (and why overseas owners care)
1. CC date (from Municipality) → starts 10‑year structural + 1‑year escrow holdback. This is also when the 30‑day title transfer clock begins (if you’ve paid in full). 
2. Your handover date → starts 1‑year fixtures. If you’re abroad, assign a POA or engage a professional snagging firm; sign only after a thorough snag check. (You still retain the 10‑year structural from CC regardless.) 

⸻

How to use these dates to protect yourself
• Before you sign handover: run a photo‑rich snag list and submit it in writing. Keep CC and handover dates on every page of your evidence pack. The 1‑year fixtures window is short; log issues promptly. 
• Within 12 months of handover: raise any MEP/electrical/sanitary issues you discover in normal use; ask for rectification dates in writing. 
• Within 12 months of CC: remember the escrow 5% holdback exists to resolve lingering project‑level defects; knowing its expiry can motivate timely action. 
• Any time within 10 years of CC: if a structural issue appears (e.g., foundation/beam/roof failure), cite Article 49 and the CC date when you notify the developer. 

⸻

Where these dates appear in your documents
• CC date → on the Completion Certificate issued by RAK Municipality. Save the PDF or letter and record the exact date (YYYY‑MM‑DD). 
• Handover date → on the handover/acceptance form or email confirmation from the developer/facilities team.

⸻

Common pitfalls (and how to avoid them)
• Mixing up the clocks. Structural ≠ fixtures. Put the CC date and handover date in your phone calendar with reminders at –90 / –30 days before each expiry.
• Delaying handover without a plan. If you don’t take handover, your fixtures year may still start from CC. Use a POA and keep the date to preserve your full window.
• Forgetting title transfer. If you’ve paid in full, the developer has 30 days from CC to register title in your name—chase it.

FAQ

Who issues the CC and how do I get it?
RAK Municipality issues it through a dedicated Completion Certificate service; your developer/consultant normally applies. Ask for a copy and record the date. 

What exactly does the 1‑year “fixtures” coverage include?
Article 49 names mechanical, electrical, sanitary, and sewerage works (and the like). Defects in these must be repaired or replaced within 1 year from your handover. 

Can the SPA reduce these periods?
No. The law says any agreement contradicting Article 49’s liability periods is void. 

I’m overseas—what if I can’t attend handover?
Appoint a Power of Attorney or hire a professional snagging firm to run the walkthrough and submit the snag list before anyone signs acceptance.

⸻

CTA — Book a remote snagging walkthrough

Let WAY home real act as your eyes on the ground. We’ll run a structured walkthrough before handover, produce a photo‑rich snag report keyed to your CC and handover dates, and prepare the rectification email you can send from abroad.

⸻

Sources (primary)
• RAK Municipality – Completion Certificate service. What the CC is and how it’s issued. 
• Law No. (12) of 2023 (RAK), Article 49. 10‑year structural from CC; 1‑year fixtures from handover; owner‑refusal fallback; voiding of contrary clauses. 
• Law No. (12) of 2023 (RAK), Article 34. Title transfer within 30 days of CC for fully paid buyers. 
• Law No. (12) of 2023 (RAK), Article 35. 5% escrow maintenance holdback for one year from CC; release conditions. 

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