General vs Special POA for Property Transactions

A General Power of Attorney delegates authority broadly, across multiple categories of matter. A Special POA is drafted for a single defined act. Article 927 of the UAE Civil Code is the operative provision: it distinguishes general from special agency and restricts a general agent from making donations or dispositions without explicit authorisation. For abstract treatment of the General POA as an instrument, see generalpoa.ae.

The DLD Position

The Dubai Land Department has historically preferred Special POAs naming the specific property and the specific transaction. DLD Circular No. 29/R/2025 reinforces this preference by requiring transaction-specific wording. A POA drafted in generic terms — “full authority to manage property” — will be rejected, regardless of whether it is labelled General or Special.

The label is not what matters. The wording is what matters. A General POA satisfying the Circular’s wording requirements will be assessed on its content; a Special POA failing the wording requirements will be rejected on its content.

Why a Special POA Is Almost Always the Right Instrument

A Special POA naming the property, referencing the title deed, and using the Circular’s required wording for the specific transaction is procedurally cleaner. It is faster to verify because its scope is narrow. It is harder to misuse because its authority cannot extend beyond the named act. It is easier to revoke cleanly because it does not engage authority over other matters.

These properties make the Special POA the default correct instrument for any property disposition in Dubai.

When a General POA May Still Be Acceptable

A General POA may be acceptable in a narrow set of cases. Where the General POA expressly authorises the specific transaction type using the Circular’s required wording, and where it names the relevant property, it can be accepted at the registration counter. At that level of specificity, however, the document is functioning as a Special POA layered into a General POA. The Special POA remains the cleaner instrument for the same purpose.

The Risk of General POAs in Property Transactions

A General POA carries higher risk of misuse because the agent’s authority extends beyond the immediate transaction. The practical reach of the document is broader, and the principal’s exposure if the agent acts adversely is greater. Revocation is also harder: a General POA may have been used or relied upon in matters the principal is not tracking, complicating the question of vested rights under Article 955.

The Brokerage Conflict Rule

A real estate broker may be appointed as a property POA holder by their client. However, the same broker cannot simultaneously act as broker — collecting commission on the deal — and as POA holder for the same client in the same transaction. This is DLD established practice, designed to prevent conflicts of interest where the agent’s duty to the principal could be compromised by their commercial interest in the deal.

A sales progression officer or conveyancer who is not the deal broker may hold the POA without conflict. The position turns on whether the same individual or firm is on both sides of the conflict, not on professional category alone.

The Recommended Position

For any property disposition in Dubai, a Special POA naming the property and using the Circular’s required transaction wording is the default correct instrument. Departures from this default should be deliberate and reasoned.

For abstract treatment of General POAs, see generalpoa.ae.
For execution support, see poas.ae.