Administrative Resolution
No. (51) of 1998
Issuing the Implementing
Bylaw of Local Order No. (89) of 1994
Regulating the Engineering
Consultancy Profession in the Emirate of Dubai[1]
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The Director General of
the Dubai Municipality,
After
perusal of:
The powers legally vested
in him pursuant to the Order Establishing the Dubai Municipality (the “DM”);
and
Local Order No. (89) of
1994 Regulating the Engineering Consultancy Profession in the Emirate of Dubai,
as amended by Local Order No. (106) of 1997, and
For the purpose of
regulating Engineering Firms and supervising their work with a view to developing
and promoting the engineering consultancy profession in the Emirate of Dubai,
and
In accordance with work
requirements,
Does hereby issue this
Resolution.
In implementing this
Bylaw, the following two (2) terms, wherever mentioned in this Resolution, will
have the meaning indicated opposite each of them unless the context implies
otherwise:
|
Local Order: |
Local Order No. (89) of 1994 Regulating the
Engineering Consultancy Profession in the Emirate of Dubai, as amended by
Local Order No. (106) of 1997. |
|
Committee: |
The Committee for Registration and Licensing of
Engineering Consultants in the Emirate of Dubai formed pursuant to
Administrative Resolution No. (168) of 1994. |
Chapter One
The Committee is hereby
assigned to create a register named the “Register of Engineering Consultants”
(the "Register") in accordance with the modern systems and
technologies adopted by the DM. The Register must include the following
information:
1.
full name and address of the Engineer;
2.
nationality and birthdate of the Engineer;
3.
academic degree, field of specialisation, name of the
university awarding the degree, year of graduation, and the name of the country
where the university awarding the degree is located;
4.
number of years of experience in the field of
specialisation after obtaining the university degree;
5.
date of joining the Society of Engineers in the UAE
and the membership number;
6.
residence permit number and the dates of its issuance
and expiry, for non-UAE nationals;
7.
position occupied by the Engineer in the Engineering
Firm; and
8.
any other details as deemed necessary by the Committee
to include in the Register.
An application for
registration on the Register will be submitted to the Committee at the time of
submitting the application for the licensing and establishment of the
Engineering Firm, or upon appointing qualified technical staff. The application
must be submitted on the form prescribed for this purpose, supported by the
following documents:
1.
for a UAE national, a copy of the family book (Khulasat
Qaid); or for a non-UAE national, a copy of a valid passport;
2.
a certificate of good conduct issued by the competent
entity in the Emirate;
3.
a duly attested copy of the academic qualification,
indicating the Engineering Specialisation;
4.
certificate of experience in the field of
specialisation after obtaining the university degree;
5.
a copy of membership card with the UAE Society of
Engineers;
6.
a document issued by the Department of Economic
Development stating the type of commercial activities for which the applicant
is granted trade licences to verify whether the applicant is an owner of or a
partner in any of the establishments stated in Article (5) of the Local Order
which conflicts with practising the engineering consultancy profession;
7.
a written undertaking by the applicant not to conduct
the activity of trading in building materials, in case he has a licence to
conduct the activity of general trading;
8.
a written undertaking by the non-UAE national Engineer
to work on a full-time basis in the Engineering Firm, and to reside in the UAE
for no less than nine (9) months per year; and
9.
any other documents required by the Committee.
Chapter Two
Without prejudice to the
jurisdiction of the Committee to approve new Engineering Specialisations and
engineering branches, the following Engineering Specialisations may be
practised by engineering consultancy professionals:
1.
architectural engineering consultancy;
2.
civil engineering consultancy;
3.
electrical and electronic engineering consultancy;
4.
mechanical engineering consultancy;
5.
mining, metallurgical, and geological engineering
consultancy; and
6.
chemical and petroleum engineering consultancy.
Schedule (1) attached
hereto and approved by the Director General of the DM contains classifications
of major Engineering Specialisations that are listed under each of the Engineering
Specialisations referred to in the preceding paragraph.
A local civil or
architectural Engineering Firm may practise the Engineering Specialisations
that are related to its core activity and may add any of the Engineering
Specialisations stated in the preceding paragraph, subject to the following:
1.
The additional Engineering Specialisation requested to
be added must be similar, or related, to the applicant firm’s main specialisation.
2.
An Engineer specialised in the specialisation requested
to be added must be a partner in the Engineering Firm.
The projects and works
authorised to be carried out by a local civil or architectural Engineering
Firm, which is licensed to practise the architectural or civil engineering
consultancy profession, will be determined based on the classification category
of the works and projects conducted by that firm as follows:
First
Category: Works and projects consisting of buildings with unlimited number of
floors;
Second
Category: Works and projects consisting of buildings comprising G + 12 typical floors;
and
Third
Category: Works and projects consisting of buildings comprising G + 4 typical floors.
Chapter Three
An application for a
licence to establish a local Engineering Firm will be submitted on the form
prescribed for this purpose, accompanied by the following documents:
1.
copies of the certificates of registration on the
Register of the licence applicant and the qualified technical staff;
2.
for a UAE national, a copy of the family book (Khulasat
Qaid); and for a non-UAE national, a copy of a valid passport and valid
residence permit;
3.
the original initial approval issued by the Department
of Economic Development authorising the issuance of a licence to conduct of the
activity of engineering consultancy;
4.
a statement issued by the Department of Economic
Development of the trade licences issued in the names of the licence applicant
and the
managing
director to verify that the licensed activities do not conflict with the
engineering consultancy profession;
5.
a written undertaking by the applicant not to conduct
the activity of trading in building materials, in case he has a licence to
conduct the activity of general trading;
6.
a written undertaking by the non-UAE national Engineer
to work on a full-time basis in the Engineering Firm, and to reside in the UAE
for no less than nine (9) months per year;
7.
for a UAE-national applicant, a certificate of no
objection to obtain a local Engineering Firm licence, issued by the employer;
8.
for a non-UAE national Engineer, a letter of no objection,
from his previous sponsor, to work at the Engineering Firm to be established;
and
9.
the contracts of partnership in the Engineering Firm
concluded between the partners. These contracts must contain all basic details,
such as the names, nationalities, and addresses of the partners; the activities
and works to be conducted; the term of the partnership; the share of each
partner in the firm’s share capital; and the names of the persons authorised to
sign and act on its behalf.
The activity of a local
Engineering Firm licensed for the first time will be classified under the third
category, regardless of the number of years of experience of the licence
applicant. However, and notwithstanding the provisions of the preceding
paragraph, the activity of a local Engineering Firm may be classified under the
second category, subject to fulfilling the following conditions:
1.
The applicant must have previously owned, or still
owns, an Engineering Firm in the UAE.
2.
The applicant must have years of experience in
practising the engineering consultancy profession equal to the minimum
experience required for classification under the second category.
3.
The Engineering Firm must have implemented a projects
portfolio conforming with the minimum track record and standards required for such a category.
An application for renewal
of a local Engineering Firm’s licence will be submitted on the form prescribed
for this purpose. In case of applying for any amendments or changes to the
details of documents relating to the firm, all the documents referred to in
Article (7) hereof must be attached.
In considering the licence
renewal applications of local Engineering Firms, submitted prior to the expiry
of the grace period granted for compliance, these firms must be evaluated and
classified under one of the categories referred to in Chapter Four hereof,
based on the technical standards of each category.
An Engineering Firm, whose
technical capabilities do not conform with the category under which it is
classified, must comply with the standards required for such a category within
the period prescribed by the Committee.
In issuing licences and
renewing the licences of local Engineering Firms conducting the activity of
electrical, electronic, mechanical, mining, metallurgical, and geological,
chemical, and petroleum engineering, the provisions related to establishment
and renewal of the licences of local Engineering Firms stipulated in this
Resolution will apply. These firms will be classified into the categories
referred to in Article (23) of the Local Order, based on the minimum number of years
of professional experience prescribed for each category under Article (24) of
the Local Order.
A licence holder may, upon
applying for a licence renewal, submit an application to the Committee for
reclassification of his firm under a category that is higher than its current
category based on the new technical conditions of the firm. The application
will be submitted on the reclassification form prescribed by the DM for this
purpose, accompanied by the following documents:
1.
the original licence issued to the Engineering Firm to
practise the engineering consultancy profession;
2.
a statement of the number and names, academic and
professional qualifications, and number of years of work experience of the
full-time technical staff working at the firm;
3.
a statement of the total area, nature, and type of the
works and projects designed by the firm and approved by the Building Permits
Committee; and the total area and types of the works and projects whose
implementation and delivery the firm supervised during the last three (3) years
prior to the date of application for reclassification to a higher category, or
during the period the firm spent
in the previous category.
The right to apply for
re-classification from one category to a higher category will be restricted to the
Engineering Firms that are in compliance with the provisions of the Local Order
and to those that complied with the provisions, rules, and
conditions stated therein.
An Engineering Firm may
not apply for re-classification into a higher category except after the lapse
of:
1.
one (1) full year from the date of being classified
and placed under the current category; or
2.
three (3) years from the date of its last re-classification.
In considering a submitted
re-classification application, the evaluation of the Engineering Firm must be
based on the number of full-time technical staff employed by the firm, the
number of activities conducted by the firm, the total area and number of approved
projects implemented in accordance with the firm’s category, and the extent to
which these projects conform to the relevant technical standards for each of
these factors.
Chapter Four
Evaluation of a local
Engineering Firm for the purpose of classifying and placing them under one of
the above-mentioned categories will be in accordance with the technical
standards stated in Schedule (2) attached hereto and approved by the Director General
of the DM.
The technical standards
set forth in Schedule (2) will apply in evaluating local Engineering Firms for
purposes of considering applications submitted for:
1.
establishing an Engineering Firm for the first time;
2.
renewing the licence of an existing Engineering Firm
that has observed the compliance clause within the legally prescribed timeframe;
and
3.
re-classification into a higher category upon the
advent of new conditions related to the status of a licensed Engineering Firm.
The minimum number of
activities conducted by a local Engineering Firm, regardless of the category
under which it is classified, may not be less than two (2) related activities.
The minimum number of
Engineers working on a full-time basis in an Engineering Firm must be
proportionate to the number of activities conducted by the firm and the
category under which it is classified. Where the number of activities exceeds
the minimum number required, the engineering staff must be increased in
accordance with Schedule (3) attached hereto and approved by Director General
of the DM.
Chapter Five
Licences to establish
associated or foreign Engineering Firms or expert Engineering Firms may be
issued, if the purpose of establishing these firms is to practise precision
engineering specialisations. Without prejudice to the competence of the
Committee to add other precision engineering specialisations in the future, the
following will be considered among the precision engineering specialisations:
1.
Architectural and Civil Engineering:
a. specialised engineering studies;
b. premium hotels; specialised trade centres; tower compounds; educational,
cultural, social, and sport compounds; hospitals; and specialised clinics;
c. public parks and recreational facilities;
d.
roads, bridges, airports,
ports, tunnels, and car parks; and
e.
sewerage and irrigation
systems; sewerage water and irrigation water treatment plants; water
distribution systems; main
water collecting reservoirs; and dams.
2.
Mechanical,
Electrical, and Electronic Engineering:
a.
power generation, transmission, and distribution
systems within the public network;
b.
telecommunication systems and power transmission line towers; and
c.
mechanical and electromechanical systems for specialised
projects.
3.
Mining,
Metallurgical, Geological, Chemical, and Petroleum Engineering:
a. projects for the production, transport, and distribution of oil and gas;
and
b.
petrochemical facilities
and plants.
An application for a
licence to establish an Engineering Firm specialising in any of the fields
stated in the preceding article will be submitted to the Committee on the form
prescribed by it for this purpose, accompanied by the following documents:
1.
a copy of certificates of registration on the Register
of the licence applicant, managing director of the firm, and the qualified
technical staff;
2.
the original initial approval issued by the Department
of Economic Development authorising the issuance of a licence to conduct of the
activity of engineering consultancy;
3.
a statement issued by the Department of Economic
Development showing the trade licences issued in the names of licence applicant
and the managing director of the firm to verify whether they conduct an
activity that conflicts with practising the engineering consultancy profession;
4.
information and documents relating to the technical
and engineering staff who will work in the precision engineering specialisation
applied for;
5.
documents and certificates showing the number of years
of work experience in the precision engineering field;
6.
a detailed portfolio of previous works and projects
implemented by the Engineering Firm applying for the licence;
7.
a copy of the memorandum of association of the
Engineering Firm registered in the country in which it is established;
8.
undertakings by the licence applicant and the
engineering staff to work at the Engineering Firm on a full-time basis;
9.
a document proving the appointment of a Local Service
Agent of the Engineering Firm applying for a licence; and
10. any other documents
required by the Committee.
An application for renewal
of the licence of an Engineering Firm referred to in the previous Article will
be submitted on the form prescribed for this purpose. In case of applying for
any amendments or changes to the details of the documents relating to the firm,
the application must be accompanied by the following documents:
1.
a copy of the membership cards of the licence holder
and the technical and engineering staff with the Society of Engineers in the
UAE;
2.
a portfolio of the completed and ongoing works and
projects for the two-year term of the expired licence;
3.
the documents relating to the adjustments made to the
status of the firm, if any, especially those relating to the engineering staff;
4.
a statement issued by the Department of Economic
Development of the trade licences issued in the names of the licence holder and
managing director of the firm to verify that the licensed activities do not
conflict with the practice of the engineering consultancy profession;
5.
a copy of the authorisation given by the parent
foreign company stating the continuation of the authorisation of the managing
director to act as the resident general manager of the Engineering Firm, in
case of a temporary authorisation; and
6.
any other documents required by the Committee.
The terms and details of a
contract regulating the legal relationship between a licence holder in an
expert Engineering Firm or in a branch of a foreign Engineering Firm and the
local service agent must be in accordance with the terms and details stated in
the standard contract for the appointment of the “Local Service Agent” attached
hereto and approved by the Director General of the DM.
An issued licence will be
valid for a period of two (2) years, renewable once or several times for the
same period upon application by the licence holder, in accordance with the
renewal provisions stipulated herein.
A managing director may be
appointed from amongst the technical staff of the Engineering Firm. The
managing director will be vested with the powers to sign and act on behalf of
the firm, subject to satisfying the following conditions:
1.
He must be an Engineer registered on the Register.
2.
He must be working at the Engineering Firm on a
full-time basis.
3.
He must have the period of experience required to be
met by the licence holder and prescribed for working at each type of
Engineering Firms as stipulated in Article (19) of the Local Order.
An engineering firm must
conclude a consultancy works or service contract with the owner based on the standard
contract attached hereto and approved by the Director General of the DM. This contract
must at least include the following terms:
1.
accurate identification of the parties to the
contract;
2.
identifying the engineering works subject matter of
the contract;
3.
specifying the contracting period agreed upon for the
implementation of the engineering works or services;
4.
the estimated financial cost of the project;
5.
determining of the fees agreed upon and terms of payment;
6.
the duties of the engineering firm of preparing, and supervising
the implementation of, studies, designs, and drawings; or of performing these
duties;
7.
conditions of termination of the contract, and the
penalty and fines clauses, if any; and
8.
specifying the governing law in the event of any
dispute that may arise in respect of performance of the contract, and the
competent judicial authority for purposes of hearing and determining the dispute.
Only the Engineering Firms
whose establishment procedures are consistent with the legislation in force by
the effective date of the Local Order will be entitled to the compliance grace
period. As for Engineering Firms which were non-compliant with such legislation
and the provisions of the Local Order, the Committee may grant them a period
not exceeding three (3) months from the date of filing a licence renewal
application to comply with the provisions thereof.
The Committee will have
jurisdiction to consider and investigate the acts committed by Engineering
Firms in violation of the provisions of the Local Order; and to impose the
relevant penalties stipulated in Article (30) below.
An Engineering Firm which is
in violation of the provisions of the Local Order, its Implementing Bylaw, the
legislation and regulations in force, or the instructions issued from time to
time by the Committee, will be punished, after being warned, by one or more of
the following penalties:
1.
prohibition from accepting any new engineering works
for six (6) months. Upon repetition of the same violation, the firm's licence
will be suspended for a period of not less than one (1) year and not more than
two (2) years;
2.
a fine of no more than fifty thousand dirhams (AED
50,000.00); and/or
3.
revocation of the licence.
The chairman of the Committee
for the Registration and Licensing of Engineering Consultants must issue any
bylaws or instructions required to ensure the proper implementation hereof.
This Resolution comes into
force on the day on which it is issued, and will be published the Official
Gazette.
Qasim
Sultan
Director General
Dubai
Municipality
Issued on 3 March 1998
Corresponding to 5 Thu
al-Qidah 1418 A.H.
|
Architectural Engineering Specialisations |
Civil Engineering Consultancy Specialisations |
Electrical and Electronic Engineering Consultancy Specialisations |
Mechanical Engineering Consultancy Specialisations |
Mining, Metallurgical, and Geological Engineering Consultancy Specialisations |
Petroleum and Chemical Engineering Consultancy Specialisations |
|
-
Architectural
Engineering -
Landscape
Engineering -
Interior Design
Engineering -
Archaeological Restoration
and Conservation Engineering -
Urban Planning
and City Design Engineering -
Environmental
Engineering |
-
Roads and Traffic
Engineering -
Building
Construction Engineering -
Foundation and
soil Mechanic Engineering -
Survey
Engineering -
Water, Sewerage,
and Irrigation Engineering -
Ports Engineering -
Airport Engineering -
Bridges and
Subways -
Civil Projects
Management |
-
Power and
Automatic Control -
Electricity
Networks and Distribution Engineering -
Telecommunications -
Medical
Engineering -
Electronic
Machines -
Aerial Navigation -
|
-
Heating,
Ventilation, Air Conditioning, and Refrigeration Engineering (HVACR) -
Mechanical Power -
Industrial
Production Engineering -
Aeronautics/Vehicles/Ships -
Fluid Mechanics -
Physical
Engineering -
Nuclear
Engineering -
Machines
Mechanics -Engineering -
Heavy Equipment -
Oil and Gas
Reservoirs -
Petroleum
Refining Plant - |
-
Gas Extraction
Engineering -
Raw Material
Compounding -
Mining and
Metallurgical -
Mining, Petrol, - -
Geophysics,
Geochemistry |
-
Minerals
Engineering -
Plastics
Engineering -
Manufacturing and
Materials -
Petrochemicals
Engineering -
Petrol Refining
Engineering -
Petrol
Exploration -
Drilling, Stock,
and |
|
Category |
Permitted Projects and Works |
Minimum Number of Specialisations |
Licence Holders and Minimum Number of Technical Staff Required and
their Experience |
Portfolio of the Firm |
|||||||
|
Average Total Area/ Year |
Average Number of Projects/ Year |
||||||||||
|
Approved |
Completed |
Approved |
Completed |
||||||||
|
Villas |
Investment |
Industrial/ Entertainment/ Services |
Villas |
Investment |
Industrial/ Entertainment/ Services |
||||||
|
First Category |
Buildings with unlimited number of floors |
2 |
*Licence holder 10 years for UAE nationals and 15 years for
non-UAE nationals *Technical Staff 3 architects with experience of not less than 10 years 3 civil engineers with experience of not less than 10 years 1 engineer regardless of his experience or
specialisation *Licence holder working on full-time basis is
considered of the Technical Staff |
420,000 sq. ft. (60,000 x 7) |
210,000 sq. ft. (30,000 x 7) |
5 |
4 |
3 |
3 |
3 |
1 |
|
Second Category |
Buildings comprising G + 12 floors |
2 |
*Licence Holder 5 years for UAE nationals and 10 years for
non-UAE nationals *Technical Staff 2 architects with experience of not less than 7
years 2 civil engineers with experience of not less
than 7 years 1 engineer regardless of his experience or
specialisation *Licence holder working on full-time basis is
considered of the Technical Staff |
250,000 sq. ft.
|
1,250,000 sq. ft. 25,000 x 5 |
5 |
3 |
3 |
3 |
2 |
1 |
|
Third Category |
Buildings comprising G + 4 floors |
2 |
*Licence Holder 3 years for UAE nationals and 5 years for
non-UAE nationals *Technical Staff 1 architect with experience of not less than 5
years 1 civil engineer with experience of not less
than 5 years 1 engineer regardless of his experience or
specialisation *Licence holder working on full-time basis is
considered of the Technical Staff |
120,000 sq. ft. (40,000 x 3) |
60,000 sq. ft. (20,000 x 3) |
6 |
1 |
3 |
3 |
1 |
1 |
|
Total Number of Specialisations |
Minimum Number of Engineers Working on a Full-time
Basis |
||
|
First Category |
Second Category |
Third Category |
|
|
2 |
7 |
5 |
3 |
|
3 |
8 |
6 |
4 |
|
More than 3 |
10 |
10 |
10 |
Qasim Sultan
Director General
Dubai
Municipality
©2024 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort
has been made to produce an accurate and complete English version of this
legislation. However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict, the
Arabic text will prevail.