Regulating
Construction Works in the Emirate of Dubai[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــــ
We, Hamdan bin Rashid Al Maktoum,
Chairman of the Dubai Municipality,
After perusal of:
The powers legally vested in Us pursuant to the Order Establishing
the Dubai Municipality;
The Dubai Building Regulations of 1970 and its amendments;
Local Order No. (48) of 1990 Imposing New Fees and Amending
Certain Fees Prescribed in the Dubai Building Regulations of 1970;
Local Order No. (89) of 1994 Regulating the Engineering
Consultancy Profession in the Emirate of Dubai; and
The presentation of the Director General of the Dubai
Municipality,
Do hereby issue this Order.
This Order will be
cited as “Local Order No. (3) of 1999 Regulating Construction Works in the
Emirate of Dubai”.
This Order applies to all private and
public Buildings existing by the effective date of this Order and those
to be constructed
thereafter.
In implementing the
provisions of this Order, the following words and expressions will have the
meaning indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The
Emirate of Dubai. |
|
DM: |
The
Dubai Municipality. |
|
Director
General: |
The
director general of the DM. |
|
Competent
Department: |
The
Building and Government Housing Department. |
|
Owner: |
A
natural person or a public or private legal person in whose name the land or building
is registered, in his capacity
as owner or possessor
of the same. |
|
Applicant: |
An
Owner, or
his legal representative,
applying for a Construction Works Permit in accordance with the provisions of
this Order, its implementing bylaw, and the instructions issued by the
Competent Department. |
|
Construction
Works Permit: |
A
permit issued by the Competent Department authorising the implementation of
Construction Works in accordance with this Order and its implementing bylaw. |
|
Construction: |
Building any
structure of stone, concrete, clay, steel, wood, or any other material used for the construction of buildings.
This includes foundations, walls, roofs, projections,
fences, and other similar structures. |
|
Construction
Works: |
Any
construction, demolition, or maintenance works of buildings, or any additions or
modifications thereto. This includes excavation and backfilling works. |
|
Main
Construction Works: |
All
works relating to
the main structure of a building. |
|
Ancillary
Construction Works: |
Specialised
works that supplement
the Main Construction Works, such as piling, dewatering, plumbing,
electrical, paint, and similar works. |
|
Temporary
Construction Works: |
Works
that do not constitute part of the
main structure of a building,
but are necessary for implementing Construction Works, such as the installation
of scaffoldings, excavation shoring props, ceiling shuttering, fences,
temporary site offices, and similar works. |
|
Illegal
Construction Works: |
Works
that are not permitted pursuant to this Order and its implementing bylaw; or
Construction Works that
are carried
out in breach of the terms of an issued Construction Works Permit or in
violation of the relevant approved or recognised technical and professional
engineering principles. |
|
Inspector: |
An
Engineer or foreman of the Competent Department. |
|
Engineer: |
A
legal or natural person who
is assigned
to design and/ or
supervise Construction Works, and is
licensed
to practise the engineering consultancy profession in the Emirate in
accordance with applicable legislation. |
|
Contractor: |
A
legal or natural person who
is assigned
to implement Construction Works,
and is licensed
to conduct Construction
contracting activities in accordance with the relevant legislation in force
in the Emirate. |
|
Subcontractor: |
A
legal or natural person who
is assigned
to implement Ancillary Construction Works or Temporary Construction Works,
and is licensed
to carry out
such works
in accordance with the legislation in force in the Emirate. |
No natural person or
public or private legal person may implement any Construction Works that
involve permanently or temporarily
changing, whether in whole or in part, the features of any land or
real property, without first obtaining the relevant permit from the Competent
Department.
A permit application
signed by the Applicant will be submitted
to the Competent Department on the form prescribed for this purpose, together with the
relevant required documents. The implementing bylaw of this Order will determine
the documents required in this respect.
a.
Subject
to
verifying that all the conditions
and requirements stipulated in this Order and its implementing bylaw are
met, a new or amended Construction Works Permit will be signed by the Director
General or his authorised representative and issued on the form prescribed for this purpose.
b.
Where the ownership of the real property in respect of which a
Construction Works Permit is issued is transferred, the permit may be transferred to the new Owner in
accordance with the relevant procedures adopted by the DM.
Where a permit
application is rejected, the rejection decision must be reasoned. The concerned
party may submit a grievance to the Director General or his authorised representative
against the rejection decision. The grievance will be determined within one (1)
month from the date of its submission, and the decision issued on the grievance
will be final.
Except for the land
leased out by the Government, a Construction Works Permit will be valid for a
period of six (6) months from the date on which it is issued. Upon expiry of the permit, its validity period may be
renewed up to three (3) times for the same period unless the
Building Regulations are amended to stipulate otherwise during that
period or a reason for cancellation or
non-renewal
of the said permit
arises in accordance with the regulations and resolutions in force at the time in question.
The Director General
or his authorised representative may, based on the recommendation of the
Competent Department, issue a decision cancelling a Construction Works permit where:
a.
it is established that the permit has been issued based on
false or misleading information or illegal documents submitted by the
Applicant;
b.
it is established that the permit has been issued in breach of
the provisions of this Order, its
implementing bylaw, or any of the DM regulations or resolutions; or
c.
the Construction
Works have not been commenced within three (3) months from the date of issue of the permit; or have been suspended at the
construction site for more than three (3) consecutive months.
The
decision cancelling the permit will not prejudice the DM right to take any
legal action provided for by this Order or any other legislation in force in
the Emirate.
At the time of applying for a Construction Works Permit, a fixed
fee in the amount prescribed in Schedule (2) attached hereto, and approved by
Us, will be collected for
each square or linear foot of the total area of the building or fence in respect of which
the permit application is submitted.
A fixed fee will be charged in respect of the transactions and
services set forth in Schedules (1), (3), (4), (5), (6),
(7), and (8) attached hereto, and approved by Us, in the amounts and subject to the provisions indicated
opposite each of these transactions and services.
A Construction Works
Permit may be issued only upon payment of the security deposits required for
ensuring that the Applicant will take the
necessary action to commence and implement Construction Works in accordance
with the terms of the permit; and that any damage to be sustained by third parties as a
result of such works are covered. The provisions prescribing the types
and amounts of the security deposits that must be paid into the DM account, and
the cases in which they will be confiscated, will be determined pursuant to the
relevant resolution of the Director General.
All Government
departments, federal
ministries, and public authorities and corporations will be exempt from payment
of the fees and security deposits referred to in Articles (10), (11), and (12) of this Order.
Construction Works
must be implemented as per the approved plans and drawings, the conditions based on which the permit is issued, and the technical and engineering
standards adopted in this respect. No changes or amendments to these documents
may be made without the relevant
approval of
the Competent Department.
The materials used
in Construction Works must meet the relevant standard specifications approved
by the DM.
All technical,
professional, regulatory, operational,
and equipment requirements related to Construction Works sites must be
met to ensure uninterrupted workflow at these sites. The precautionary measures required for
ensuring the safety of the workers
at the sites, the pedestrians, and the adjacent property must be taken. The
implementing bylaw of this Order will determine the key requirements that must be met, and the main equipment that must be provided, at these sites.
The procedures and
rules prescribed by the Competent Department must be met prior to the
commencement of the concrete
pouring works of any
main part of a building
or its appurtenances. The implementing bylaw of this Order will determine these
procedures and rules.
The general,
technical, and other relevant requirements and specifications that must be met
when implementing Construction
Works will be determined pursuant to a resolution issued by the Director
General. Water, electricity, telephone, and other utility installation and connection works will
be implemented as per the requirements and specifications prescribed by the
entities in charge of these
utilities in the Emirate.
Contractors and
Engineers will have joint liability in respect of the implementation of Construction
Works, and their safety during
and after implementation,
in accordance with the provisions of the
applicable
laws, this Order, and
its implementing bylaw. Their liability will extend to include the buildings adjacent to the site where the Construction Works are implemented and
any public utility that may sustain damage due to the
implementation of these works. In any event, neither the DM nor its
employees may incur any liability as a result of their performance of the duties of auditing
maps and construction calculations or inspecting
the ground or work sites before, during, or after the implementation
of Construction Works.
Without
prejudice to the liability provisions stipulated in the preceding Article, the
following will apply:
1.
As
from the
date of handover of the Construction
site to the Contractor until his
contractual relationship with the Owner ends for any of the reasons provided
for by the contract, the
Contractor will be liable for any violation committed on the site, whether by the Owner or any other
entity, unless he promptly suspends work on the site and notifies the Competent
Department of that violation.
2.
The Engineer will be jointly liable for
the violation if he gives his express or
implied consent thereto. Failure
to issue the instructions required to prevent or remedy the violation will be
deemed as implied consent.
3.
The Engineer must immediately suspend
work at the site if the Contractor commits any act that constitutes a violation
under this Order, its implementing bylaw, or the instructions issued by the
Competent Department.
The implementation of Main Construction
Works, Ancillary Construction Works, and Temporary Construction Works is deemed part of the duties of the
Contractor. However, the
following will apply:
1.
The Owner or Engineer may assign any of these works to another Contractor
subject to obtaining the Contractor's
express
approval of the same.
2.
The Contractor may assign any of the
Ancillary Construction Works to Subcontractors unless the provisions of the contracting
agreement stipulate otherwise, or the nature of such works requires him to implement
them by himself.
The implementing
bylaw of this Order will determine the scope of the liability of Contractors
for the acts committed by Subcontractors in violation of this Order and its
implementing bylaw.
An Engineer may,
subject to obtaining the relevant written approval of the Competent Department,
assign any specialised works
related to design or
supervision to another Engineer.
An Owner of an
existing building,
or an Engineer or a
Contractor of an under-construction building,
as the case may be, must immediately notify the Competent Department upon the
occurrence of any accident or collapse
in the building, or appearance of any
cracks,
fissures, or leaning therein, and must immediately take the relevant
required action in
accordance with the instructions and directives issued by the Competent
Department.
A Contractor must,
upon completion of the Construction Works, remove temporary structures, debris,
and construction waste from
the site within the period prescribed by the Competent Department.
It is prohibited to
occupy a building, upon completion of its Construction, unless that building is inspected by an
Inspector, it is established that it
meets the terms of the permit, and the
relevant completion certificate is
issued.
Notwithstanding the foregoing, the Competent Department may issue a permit to
occupy a part of a building, upon completion of the Construction Works at that part, where
it is established to the satisfaction of
the Competent Department that the building is fit for occupation. In any event, no
water, electricity, or other utility
services may be connected, whether permanently or temporarily, to
any building, structure,
or site in the Emirate without first obtaining the relevant approval of the
Competent Department.
The Director General
or his authorised representative will issue
the resolutions and instructions required for the demolition of buildings that are prone to collapse, buildings that are affected by urban
planning, and cracked
buildings; for the removal of Illegal Construction
Works; for the conduct of necessary maintenance for buildings; or for the
removal of debris
or construction waste. In any event, the DM may perform the works referred to in the preceding
paragraph by itself or by engaging any other specialised entity if the violating entity fails to perform the same within the
period prescribed by the DM. Without prejudice to the penalties prescribed for any violation, the violating
entity will be liable to pay
the costs of remedy of the violation or relevant maintenance costs, plus twenty
percent (20%) of these costs as administrative fees.
The Inspectors and
employees of the Competent Department, and the DM employees nominated by the
Director General for this
purpose, will have the capacity of law enforcement officers to record the acts
committed in breach of the provisions of this Order and the resolutions issued
in pursuance hereof. For this purpose, they may access the sites where
Construction Works are being implemented, and any parts designated for common
use within existing commercial or residential buildings or structures, to inspect the
structural and architectural condition of the same; and may issue the relevant violation
reports.
Without prejudice to
any stricter penalty stipulated in any law or other local order, any person who
violates the provisions of this Order or its implementing bylaw will be
punished by one or more of the following penalties:
1.
a fine of not more than fifty thousand
dirhams (AED 50,000.00). The amount of the fine will be doubled upon committing
any subsequent violation;
2.
disconnecting all the
utility services connected to the building or site in which the violation is
committed, for the
period prescribed by the Competent Department;
3.
blocking the issuance of new Construction Works Permits to the violating entity, or the renewal of its existing permits, upon repetition of violations;
and/ or
4.
revocation or suspension of the
professional or commercial licence of the Engineer or Contractor upon repetition of violations.
The implementing
bylaw of this Order will determine the acts that constitute violations under
this Order and the relevant penalties
prescribed
for each act.
For the purpose of
implementing this Order and its implementing bylaw, the DM may seek assistance
from Government departments and public authorities and corporations in the
Emirate, including the police. These entities must, upon request, provide
prompt support to the DM.
The fees and fines
collected pursuant to this Order and its implementing bylaw will be paid to the
DM.
The Dubai Building Regulations
of 1970 and their amendments
are hereby repealed. Any provision in any other legislation will also be
repealed to the extent that it contradicts the provisions of this Order. The
security deposit provisions and the
general technical requirements and specifications prescribed by the DM for the
implementation of Construction Works will continue in force until the Director General's resolutions
referred to in Articles (12) and (18) of this Order are issued.
The Director General
will issue the resolutions and instructions required for the implementation of
the provisions of this Order.
This Order will be
published in the Official Gazette and will come into force three (3) months
after the first day of the month
following the date on which it is published.
Hamdan bin Rashid Al Maktoum
Chairman of the
Dubai Municipality
Issued in Dubai on 15 November 1999
Corresponding
to 7 Shaaban 1420 A.H.
|
SN |
Description |
Initial Application |
Application Fees for Engineering Audit of Plans (final) |
|
|
First time |
Second time and onwards |
|||
|
1 |
Plans
of buildings
(villas and private residential houses) and plans for minor alterations and additions |
AED
100.00 |
Free |
AED
100.00 |
|
2 |
Plans
of regular projects, villa compounds, multi-storey buildings comprising a ground and up to seven floors;
and plans for
major alterations and additions |
AED
100.00 |
Free |
AED
200.00 |
|
3 |
Plans
of special projects (shopping centres, hospitals, and towers) comprising a
ground and more than seven floors |
AED
150.00 |
Free |
AED
250.00 |
|
4 |
Plans
of floor area
ratio projects |
AED
250.00 |
Free |
AED
250.00 |
|
SN |
Description |
Fees |
|
1 |
Private
residential buildings
and private farms |
AED
0.30 (30 fils) per square foot |
|
2 |
Fences
surrounding private residential buildings
and farms |
AED
0.10 (10 fils) per linear foot |
|
3 |
Villa
compounds, labour accommodations, commercial buildings, warehouses, offices,
swimming pools, and other structures designated for commercial purposes |
AED
0.30 (30 fils) per square foot |
|
4 |
Fences
surrounding villa compounds, labour accommodations, commercial buildings,
warehouses, offices, and other structures designated for commercial purposes |
AED
0.10 (10 fils) per linear foot |
|
5 |
Floor area
ratio projects |
AED
0.30 (30 fils) per square foot |
|
6 |
Roofless
reinforced concrete floors |
AED
0.10 (10 fils) per square foot |
|
SN |
Description |
Fee |
|
1 |
Three-month
extension of the period of maintaining approved plans for which no Construction Works
Permits are issued within nine (9) months from the date of approving the
audit application |
AED
300.00 |
|
SN |
Description |
Fee |
|
1 |
Renewal
of an expired Construction Works
Permit for an additional period of six (6) months |
Ten
percent (10%) of the fees paid for the initial issuance of the permit |
|
SN |
Description |
Fee |
|
1 |
Decoration
works permit |
AED
100.00 for each 200 square feet of the total area of the retail space. The
fee may neither be
less than AED 100.00 nor exceed
AED
200.00 |
|
2 |
Permit
for converting
a building
into a hotel, hotel apartments, or a guest house |
AED
0.15 (15 fils) for each square foot of the total area to be converted
(excluding the rooms), plus AED 100.00 per converted room.
This fee must not be less than AED 1,500.00. In any event, the fees for these modifications must
not exceed fifty percent (50%) of the fees prescribed in respect of Construction for the first
time. |
|
SN |
Description |
Fee |
|
1 |
Building
plan for residential
building
additions |
AED
100.00 |
|
2 |
All
types of alterations to villas, private houses, and annexes |
AED
200.00 |
|
3 |
All
types of regular
alterations to building
and villa compounds (investment, industrial, recreational) |
AED
300.00 |
|
4 |
All
types of moderate
alterations to building
and villa compounds (investment, industrial, recreational) |
AED
500.00 |
|
5 |
All
types of major
alterations to building
and villa compounds (investment, industrial, recreational) |
AED
1,000.00 |
|
6 |
Completely
changing the approved design of a building. |
AED
0.30 (30 fils) per square foot |
|
7 |
Changing
the roof of an existing building |
AED
0.10 (10 fils) per square foot |
|
SN |
Description |
Fee |
|
1 |
Permit
for demolition of a building: |
|
|
a.
Private residential building
(traditional house, villa, villa compound) |
AED
150.00 per building |
|
|
b.
Other buildings: |
||
|
-
Buildings whose floor area does not
exceed 10,000.00 sq. ft. |
AED 200.00
per building |
|
|
-
Buildings whose floor area ranges from
10,001 to
20.000.00 sq. ft. |
AED
400.00 per building |
|
|
-
Buildings whose floor area exceeds
20.000.00 sq. ft. |
AED
600.00 per building |
|
|
2 |
Permit
for demolition of a fence |
AED
100.00 |
|
3 |
Permit
for piling and/ or shoring works |
AED
500.00 |
|
4 |
Permit
for excavation and site preparation (prior to issuing the Construction Works
Permit or approving shoring
works) |
|
|
a.
Private residential villa |
AED
250.00 per villa |
|
|
b.
Villa compounds and multi-storey investment,
industrial, and recreational buildings comprising a ground and four typical
floors. |
AED
500.00 |
|
|
c.
Multi-storey investment, industrial,
and recreational buildings comprising more than a ground and four typical
floors. |
AED
1,000.00 |
|
|
5 |
Permit
for maintenance works* |
|
|
a.
Private residential building
(villa) |
AED
100.00 per metre per building |
|
|
b.
Buildings comprising only a ground
floor |
AED
250.00 |
|
|
c.
Buildings comprising a ground
floor and several typical
floors |
AED
250.00 for the ground floor, and
AED 100.00 for any subsequent floor |
|
* Fees will not
apply where maintenance works are only paint works for the exterior of the building.
|
SN |
Description |
Fee |
|
1 |
Issuing
a ‘To Whom It May Concern’ certificate |
AED
15.00 |
|
2 |
Field
inspection for the purpose of issuing a completion certificate for a building |
AED
100.00 per visit |
|
3 |
Application
for replacing a Contractor implementing a project |
AED
500.00 |
|
4 |
Application
for replacing a project consultant |
AED
300.00 |
|
5 |
Application
for cancellation of
an approved Construction Works
Permit application |
The
total fees prescribed
for the Construction Works
Permit |
|
6 |
Application
for cancellation of a
Construction Works Permit application before it is approved or reviewed
three (3) times or more |
AED
100.00 |
|
7 |
Request
for consideration
of a decoration
works permit application before issuance of the completion certificate |
AED
500.00 |
|
8 |
Approving
the plans for installation
of advertising boards on roofs of buildings |
AED
500.00 |
|
9 |
Affixing
the true
copy stamp to additional copies of plans |
AED
100.00 |
|
10 |
Issuing
a copy of the plans to a
concerned party; |
|
|
a.
Private residential buildings |
AED
100.00 |
|
|
b.
Commercial buildings comprising four floors or
less |
AED
300.00 |
|
|
c.
Buildings comprising more than four
floors |
AED
500.00 |
|
|
11 |
Applications
for approval of new construction systems and methods: |
|
|
a.
Application for conducting the
initial study of a new construction system or method |
AED
500.00 |
|
|
b.
Application for conducting a field
inspection of a new construction system or method in use |
AED
250.00 per site |
|
|
c.
Approval of a new construction system
or method and registration of the same in the name of the applicant |
AED
2,000.00 |
|
|
12 |
Application
for processing blocked transactions of a contractor or an engineering
consultancy firm |
AED
500.00 |
|
13 |
Application
for obtaining computer-stored data and statistics |
AED
10.00 per page |
Hamdan bin Rashid Al Maktoum
Chairman of the Dubai Municipality
©2021 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.