Regulation No. (1) of 2006
Concerning
Occupancy of Pavements and Areas
Surrounding Buildings and Commercial Establishments in
the Emirate of Dubai[1]
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We,
Hamdan bin Mohammed bin
Rashid Al Maktoum, Chairman of the Executive Council,
After perusal of:
Law No. (3) of 2003 Establishing
the Executive Council of the Emirate of Dubai;
Law No. (17) of 2005 Establishing
the Roads and Transport Authority; and
Local Order No. (112)
of 1997 Concerning Occupancy of Pavements and Areas Surrounding Buildings and Commercial
Establishments in the Emirate of Dubai and the resolutions issued in implementation
thereof,
Do hereby issue this
Regulation.
This Regulation will be cited as “Regulation No. (1)
of 2006 Concerning Occupancy of Pavements and Areas Surrounding Buildings and
Commercial Establishments in the Emirate of Dubai”.
The following words and expressions will have the
meaning indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The Emirate of Dubai. |
|
RTA: |
The Roads and Transport
Authority. |
|
Executive Director: |
The executive director of the
RTA. |
|
DM: |
The Dubai Municipality. |
|
Person: |
A legal or natural person. |
|
Pavement: |
The area extending from the edge
of a road to the adjacent building line as demarcated in the drawings
approved by the DM, which is designated for passage of pedestrians, connection
of utility lines, landscaping, and future road extension works. This includes
traffic barriers and road median strips for dual carriageways. |
|
Occupancy: |
Performing any act or conducting
any activity that may affect or limit the use of a Pavement for its intended purpose.
|
Unless a prior written
permit is obtained from the RTA in accordance with the requirements stipulated
in this Regulation or the resolutions issued in implementation hereof, no Person
may temporarily or permanently occupy Pavements or areas surrounding buildings and
commercial establishments in any stationary or mobile manner, regardless of the
materials used in such Occupancy, and whether such materials are placed
horizontally, vertically, or suspended overhead.
Types and methods of Occupancy
to be permitted in accordance with this Regulation are as follows:
1.
placing moveable tables, chairs, and sunshades; and display
cabinets, boards, and windows;
2.
parking and displaying manually, mechanically, or
electrically operated vehicles and carts;
3.
placing or displaying food, beverage, and refreshment vending
machines, photo booths, newspaper and magazine stands, and similar manually,
mechanically, or electrically operated structures;
4.
placing mechanical or electronic gaming and amusement
machines;
5.
placing flower and plant pots, small lamp posts, and ornamental
fences; and
6.
placing stalls, boxes, shelves, and racks for
displaying and selling commodities and products only during shopping and entertainment
festivals held in the Emirate.
This Regulation will
not apply to the following cases of Occupancy:
1.
utility line connection works performed by utility service
providers in the Emirate;
2.
placing or installing advertising boards and information
signs on the roads of the Emirate;
3.
temporary protection fences and passageways installed during
the performance of construction works; and
4.
loading and unloading of goods and materials in front
of shops and houses, provided that such loading or unloading is performed in
the shortest time possible and in a manner that does not affect the use of Pavements.
The cases of Occupancy
stated in this Article must be governed by the provisions and requirements
stipulated in the relevant RTA and DM legislation in force.
1.
For purposes of this Regulation, the RTA will be responsible
for reviewing and approving applications for Occupancy, and for issuing relevant
permits.
2.
An Occupancy permit will be valid for a term of one (1)
year renewable for the same period. The RTA may issue permits valid for less
than such period in certain cases of Occupancy.
During the validity of
an Occupancy permit the RTA may, for the exigencies of public order and morality,
for purposes of compliance with planning, construction, environmental protection,
or public health and safety regulations, for road-traffic-related considerations,
or for preserving the general appearance of the Emirate, revoke or reduce the validity
of an Occupancy permit, modify the authorised Occupancy area, or otherwise
amend the terms of the Occupancy, without any liability or legal consequences on
the part of the RTA.
The implementing bylaw
of this Regulation will determine the locations and areas of Pavements where
Occupancy is permitted, the technical terms of such Occupancy, and the requirements
and procedures for obtaining a permit.
The RTA will collect
the following fees and security deposits in return for issuing Pavement Occupancy
permits:
1.
an application fee for issuing a new Occupancy permit or
renewing an existing Occupancy permit: Two hundred Dirhams (AED 200.00);
2.
an application fee for issuing a replacement of lost or damaged Occupancy permit:
One hundred Dirhams (AED 100.00);
3.
a road occupancy fee of no less than three thousand Dirhams
(AED 3,000.00) and no more than one hundred thousand Dirhams (AED 100,000.00), depending
on the type and duration of the occupancy applied for; and
4.
a refundable cash security deposit of ten thousand
Dirhams (AED 10,000.00) to guarantee the Occupancy applicant’s compliance with
the provisions of this Regulation and the bylaws and resolutions issued in implementation
hereof.
The implementing bylaw
of this Regulation will determine the fee prescribed for each type of Occupancy,
the method of calculating such fee, and the cases where the security deposit may
be confiscated.
Without prejudice to
any stricter penalty stipulated in any other legislation, a person who violates
the provisions of this Regulation or the bylaws and resolutions issued in
pursuance hereof will be punished by a fine not exceeding ten thousand Dirhams
(AED 10,000.00). Where the violation is not remedied within the prescribed time
frame, or upon repetition of the same
violation within the term of the permit, the amount of the fine will be
doubled without exceeding ten thousand Dirhams (AED 10,000.00), and the Occupancy
permit will be revoked.
The implementing bylaw
of this Regulation will determine all the violations and their corresponding
fines.
The RTA may remedy an Occupancy violation where such violation is
not remedied by the permit holder or by violating Person within a prescribed time
frame. In this case, such entity or Person will incur the remedy and repair
costs in addition to twenty-five per
cent (25%) thereof as administrative fees.
The entity permitted to
occupy a Pavement will be liable for the payment of compensation for any damage
that may be caused to any public road, any operational equipment, or any structures
built within the right of way, including lamp posts, electric panels, traffic
lights, road signs, crash barriers, plants, and any other public or private
property.
The fees and fines collected pursuant to this Regulation will be
paid to the RTA.
Employees of the RTA nominated pursuant to a resolution
of the Executive Director will have the capacity of law enforcement officers to record the acts committed in breach of the
provisions of this Regulation and the bylaws and resolutions issued in
pursuance hereof. In such capacity, they may conduct inspections and issue the necessary violation reports and fines.
The RTA may, for the purpose of implementation of the
provisions of this Regulation and the resolutions and bylaws issued in pursuance
hereof, seek assistance from local Government departments, authorities, and corporations,
including police personnel.
Local Order No. (112) of 1997 Concerning Occupancy of Pavements
and Areas Surrounding Buildings and Commercial Establishments in the Emirate of
Dubai is hereby repealed. Any other legislation or resolution will also be
repealed to the extent that it contradicts the provisions of this Regulation.
The Executive Director will issue the implementing
bylaws and resolutions required for the implementation of the provisions of
this Regulation.
This Regulation will be published in the Official
Gazette and will come into force on the day on which it is published.
Hamdan bin Mohammed bin Rashid Al Maktoum
Chairman of the
Executive Council
Issued in Dubai on 18 October 2006
Corresponding
to 25 Ramadan 1427 A.H.
©2016 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.