Executive
Council Resolution No. (49) of 2014
Approving
the Fees and Fines Related to the
Activity
of Leasing out Holiday Homes in the Emirate of Dubai[1]
ــــــــــــــــــــــــــــــــــــــــــــــ
We, Hamdan bin Mohammed bin
Rashid Al Maktoum,
Crown Prince of Dubai, Chairman of the Executive Council,
After
perusal of:
Law
No. (1) of 1997 Establishing the Department of Tourism and Commerce Marketing
and its amendments;
Law
No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law
No. (14) of 2009 Concerning the Pricing of Government Services
in the Emirate of Dubai and its amendments;
Law No. (35) of 2009 Concerning Management of
the Public Funds of the Government of Dubai and its amendments;
Law No. (13) of 2011 Regulating the Conduct of
Economic Activities in the Emirate of Dubai;
Decree No. (13) of 2011 Concerning the e-Programme for Hotel and Tourism
Establishments in the Emirate of Dubai; and
Decree No. (41) of 2013 Regulating the
Activity of Leasing out Holiday Homes in the Emirate of Dubai,
Do hereby issue this Resolution.
The following words and
expressions, wherever mentioned in this Resolution, will have the meaning
indicated opposite each of them unless the context implies otherwise:
|
Emirate: |
The Emirate
of Dubai. |
|
DTCM: |
The
Department of Tourism and Commerce Marketing. |
|
Activity:
|
Engaging, on a regular and ongoing basis, in leasing
out Holiday Homes or taking lease of Holiday Homes for the purpose of
subletting them to Guests. |
|
Holiday
Homes: |
Furnished real property units designated to conduct
the Activity in accordance with the conditions and criteria adopted by the DTCM
in this regard. |
|
Establishment: |
A corporation or company licensed to conduct the
Activity in the Emirate. |
|
Licence: |
A document issued by the DTCM stating that the DTCM
authorises a Licensee to conduct the Activity in the Emirate after verifying
that all conditions and requirements approved by the DTCM in this regard are
met by the Licensee. |
|
Licensee:
|
An individual
or Establishment licensed to conduct the Activity in the Emirate. |
a. In return for issuing the Licences and
providing the services indicated in Schedule (1) attached to this Resolution,
the DTCM will charge the fees set out opposite each of them.
b. Charging the fees prescribed under
paragraph (a) of this Article may not prejudice the right of any Government
entity to charge any other fees prescribed pursuant to the legislation in force
in the Emirate.
a. Without prejudice to any
stricter penalty stipulated in any other legislation, a person who commits any
of the violations set out in Schedule (2) attached to this Resolution will be
punished by the fine indicated opposite that violation.
b. Upon repetition of the same
violation within one (1) year from the date of the previous violation, the
value of the fine referred to in paragraph (a) of this Article will be doubled,
provided that the fine will not exceed one hundred thousand Dirhams (AED
100,000.00).
c. In addition to the penalty of a
fine referred to in paragraph (a) of this Article, the DTCM may take any of the
following measures against a violator:
1. warning;
2. suspending the Activity for a period
not exceeding six (6) months; or
3. revoking the Licence.
The
fees and fines collected pursuant to this Resolution will be paid to the Public Treasury of
the Government of Dubai.
Any
provision in any other legislation will be repealed to the extent that it
contradicts the provisions of this Resolution.
This
Resolution 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
Crown
Prince of Dubai
Chairman of the
Executive Council
Issued in Dubai on 7 December 2014
Corresponding
to 15 Safar 1436 A.H.
Schedule (1)
Fees for Licences and Services
|
SN |
Description |
Fee (in Dirhams) |
|
1 |
Issuing
an initial approval for a new Licence or renewal of a Licence |
100.00 |
|
2 |
Issuing
a new Licence or renewal of a Licence |
500.00 |
|
3 |
Variation
of a Licence information |
500.00 |
|
4 |
Issuing
a no-objection certificate for the approval or change of a trade name of a
Holiday Home |
500.00 |
|
5 |
Request
for revoking a Licence |
500.00 |
|
6 |
Issuing
a ‘To Whom It May Concern’ Certificate |
100.00 |
|
7 |
Request
for obtaining a copy of a document |
50.00 |
|
8 |
Request
for suspension of the Activity |
2,000.00 |
|
9 |
Subscription
to the e-Programme |
1,500.00 |
|
10 |
Variation
of the information of an approval to lease out Holiday Homes |
50.00 |
|
11 |
Issuing,
or renewal of, a permit to conduct the Activity in a Holiday Home |
AED 300.00 per bedroom, up to AED 1,200 per Holiday Home
each year |
|
12 |
Request
for inspection of a Holiday Home |
AED 300.00 per Holiday Home |
|
13 |
Request
for re-inspection of a Holiday Home |
AED 300.00 per Holiday Home |
|
14 |
Request
for re-opening a closed Holiday Home |
200.00 |
|
15 |
Revoking
a Holiday Home permit |
50.00 |
|
16 |
Issuing
a Holiday Home classification certificate |
AED 50.00 per Holiday Home |
|
17 |
Issuing
a replacement for a lost or damaged Holiday Home classification certificate |
50.00 |
|
18 |
Variation
of the information of a Holiday Home classification certificate |
50.00 |
Schedule (2)
Violations and Fines
|
SN |
Violation |
Fine (in Dirhams) |
|
1 |
Conducting
the Activity without a Licence |
5,000.00 |
|
2 |
Non-compliance
with the Licence terms and requirements |
500.00 |
|
3 |
Relocating
the Establishment without notifying the DTCM |
1,000.00 |
|
4 |
Failure
to renew a Licence within the period prescribed by the DTCM |
500.00 |
|
5 |
Failure
to maintain the name board of the Establishment |
500.00 |
|
6 |
Failure
to display, in a prominent place in each Holiday Home, a notice board bearing
the Licencee’s information in Arabic and English and the Holiday Home
classification category |
300.00 |
|
7 |
Providing
false or incorrect information or documents to the DTCM |
5,000.00 |
|
8 |
Operating
an Establishment in respect of which a suspension decision is issued by the DTCM |
20,000.00 |
|
9 |
Failure
to maintain a valid insurance policy throughout the term of Licence |
2,000.00 |
|
10 |
Failure
to respond to a complaint against the Establishment, which is referred to the
Establishment by the DTCM |
1,000.00 |
|
11 |
Disparity
between the name of the Establishment on the name board and its name on the
Licence |
200.00 |
|
12 |
Failure
to perform maintenance of the name board of the Establishment, or occurrence
of any damage to the name board |
200.00 |
|
13 |
One or
more typographical errors in the name of the Establishment on the name board |
200.00 |
|
14 |
Failure
to provide the DTCM with the required data, information, documents, or
statistics within the prescribed period |
500.00 |
|
15 |
Failure
to maintain the paper and electronic records that contain all information of
Holiday Homes, failure to keep these records for the period prescribed by the
DTCM, or failure to make them accessible to the DTCM employees |
1,000.00 |
|
16 |
Failure
to provide Guests with accurate and complete information about Holiday Homes
and their classification categories |
1,000.00 |
|
17 |
Failure
to provide maintenance services for Holiday Homes on a regular basis |
2,000.00 |
|
18 |
Charging
Guests additional costs in return for providing electricity and water
services |
2,000.00 |
|
19 |
The Licensee acting as
a commercial broker between Guests and entities that are not licensed by the DTCM
to conduct the Activity |
2,000.00 |
|
20 |
Failure
to notify the DTCM of any variation of the Licencee’s information |
500.00 |
|
21 |
Obstructing
the work of the DTCM employees, or failure to cooperate with them |
10,000.00 |
|
22 |
Leasing
out Holiday Homes without obtaining the prior approval of the DTCM |
2,000.00 |
|
23 |
Conducting
the Activity in Holiday Homes that are closed by order of the DTCM |
3,000.00 |
|
24 |
Non-compliance
with the terms of the Holiday Home permit prescribed by the DTCM |
500.00 |
|
25 |
Failure
to meet the primary classification criteria prescribed by the DTCM |
500.00 |
|
26 |
Failure
to meet the secondary classification criteria prescribed by the DTCM |
200.00 |
|
27 |
Failure
to lease out Holiday Homes as a whole, and instead leasing them out in part as separate rooms or bed spaces |
500.00 |
© 2015 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.