Decree No. (1) of 2015

 Concerning the

Sewerage Fee in the Emirate of Dubai[1]

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We, Mohammed bin Rashid Al Maktoum, Ruler of Dubai,

After perusal of:

Law No. (3) of 2003 Establishing the Executive Council of the Emirate of Dubai;

Law No. (16) of 2007 Establishing the Real Estate Regulatory Agency;

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;

Decree No. (1) of 1992 Establishing the Dubai Electricity and Water Authority and its amendments;

Decree No. (22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;

The Order of 1961 Establishing Dubai Municipality;

The Order Issued on 9 December 1995 Imposing the Sewerage Fee in the Emirate of Dubai;

Local Order No. (8) of 2002 Concerning Sewerage, Irrigation, and Water Drainage in the Emirate of Dubai; and

The legislation regulating free zones in the Emirate of Dubai,

Do hereby issue this Decree.

Definitions

Article (1)

The following words and expressions, wherever mentioned in this Decree, will have the meaning indicated opposite each of them unless the context implies otherwise:

Emirate:

The Emirate of Dubai.

Executive Council:

The Executive Council of the Emirate of Dubai.

DM:

Dubai Municipality.

DEWA:

The Dubai Electricity and Water Authority.

Real Property Unit:

Any owned or rented real property, including warehouses, factories, workshops, and similar property, which is connected to the water network of DEWA, the public sewerage network of DM, or to both.

Occupant:

A natural or legal person who occupies a Real Property Unit for residential purposes or to conduct an economic activity. This includes a Landlord, a Tenant, or  a holder of usufruct rights.

Sewerage Fee:

A fee imposed on the Occupant of a Real Property Unit pursuant to this Decree in return for the Sewerage Services provided in the Emirate.

Sewerage Services:

The services related to planning, designing, monitoring, and supervising sewerage in the Emirate. This includes, without limitation, constructing sewerage networks, sewage treatment plants, cesspits, and septic tanks; determining points and procedure for connecting private sewerage networks to the public sewerage network, using treated effluent and its solid waste (sludge); inspecting sewerage systems and sewage treatment plants to verify their specifications and efficiency, protecting sewerage systems and preventing the conduct of any activity or the erection of any structure that may compromise its operational efficiency, and taking any required action to remedy any fault in such systems which may compromise public health and safety, and the environment.

Service Provider:

A public or private entity authorised to establish or manage a sewerage network in any area of the Emirate.

Scope of Application

Article (2)

The provisions of this Decree will apply to all Real Property Units in the Emirate, including Special Development Zones and free zones such as the Dubai International Financial Centre. However, this Decree will not apply to Real Property Units occupied by nationals of the United Arab Emirates.

Fee Amount and Applicability

Article (3)

In return for the Sewerage Services provided by DM in the Emirate, Occupants of Real Property Units will be charged the following fees:

1.       one fils (AED 0.01) for each gallon of water used in a Real Property Unit connected to the public sewerage network;

2.       one fils (AED 0.01) for each gallon of water used in a Real Property Unit connected to a private sewerage network operated and supervised by DM; and

3.       half a fils (0.5 fils or AED 0.005) for each gallon of water used in a Real Property Unit connected to a private sewerage network operated and supervised by an entity other than DM.

Sewerage Fee Assessment

Article (4)

For the purposes of collecting the Sewerage Fee and in coordination with concerned entities, DM will:

1.       verify the quantity of water used by a Real Property Unit;

2.       assess the amount of the Sewerage Fee for each Real Property Unit connected to the public sewerage network, but not connected to the water network of DEWA; and

3.       assess the amount of the Sewerage Fee for each Real Property Unit in respect of which incorrect information or data is provided.

Rights of Service Providers

Article (5)

This Decree will not prejudice the rights of Service Providers to impose any financial cost on Occupants of Real Property Units which are not connected to the public sewerage network of DM in return for the Sewerage Services they provide to such units, provided that such costs are approved by the Real Estate Regulatory Agency.

Fee Collection Method

Article (6)

DEWA or any other entity will collect the Sewerage Fee in the manner, method, and time frames determined by DM.

Fee Payment

Article (7)

Proceeds of the Sewerage Fee collected pursuant to this Decree will be paid to the Public Treasury of the Government of Dubai.

Issuing Implementing Resolutions

Article (8)

The Chairman of the Executive Council will issue the resolutions required for the implementation of the provisions of this Decree.

Repeals

Article (9)

a.         This Decree supersedes the Local Order Issued on 9 December 1995 Imposing the Sewerage Fee in the Emirate of Dubai.

b.         Any provision in any other legislation will be repealed to the extent that it contradicts the provisions of this Decree.

Publication and Commencement

Article (10)

This Decree will be published in the Official Gazette and will come into force on 1 March 2015.

Mohammed bin Rashid Al Maktoum

Ruler of Dubai

Issued in Dubai on 3 February 2015

Corresponding to 14 Rabi al-Thani 1436 A.H.



©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.