Law
No. (6) of 2017
Regulating
Survey
Works 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. (9) of 2004 Concerning the Dubai International
Financial Centre and its amendments;
Law No. (7) of 2006 Concerning Real Property Registration
in the Emirate of Dubai;
Law No. (7) of 2013 Concerning the Land Department;
Law No. (1) of 2016 Concerning the Financial
Regulations of the Government of Dubai;
Decree No. (22) of 2009 Concerning Special Development
Zones in the Emirate of Dubai;
The Order of 1961 Establishing the Dubai Municipality;
Local Order No. (95) of 1995 Prescribing the Dubai
Municipality Fees for Survey Services; and
The legislation establishing and regulating free zones
in the Emirate of Dubai,
Do
hereby issue this Law.
This Law will be cited as
"Law No. (6) of 2017 Regulating Survey
Works in the Emirate of Dubai.”
The following words and expressions, wherever mentioned in
this Law, will have the meaning indicated opposite each of them unless the
context implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate of Dubai. |
|
DM: |
The Dubai Municipality. |
|
Director General: |
The director general of the DM. |
|
Survey Plan: |
A paper or electronic drawing containing survey information about a
specific land plot in the Emirate. The type of information included is
determined based on the purpose or objective for which the plan is issued. |
|
Survey Works: |
Any activities related to the representation of the earth’s surface,
or any part thereof, including its natural and man-made features. These
activities employ various surveying techniques to produce maps of different
scales depending on their intended purpose. |
|
Base Map: |
A map representing the natural features of the land of the Emirate, such
as mountains, hills, valleys, plains, rivers, and seas; as well as man-made features, such as buildings, roads, pavements, barriers, and other
landmarks. |
|
Site Map: |
A map showing the boundaries, coordinates, area, dimensions, and uses
of land plots owned or granted by the Government as per the master plan of the Emirate. |
|
Cadastral Map: |
A map showing the boundaries, coordinates, area, dimensions, and use
of a privately-owned land plot issued based on the records of the Land
Department and as per the master plan of the Emirate. |
|
Local Coordinates System: |
A coordinates system adopted by
the DM in the Emirate, based on which various maps are generated and issued and
all Survey Works and engineering works are conducted. |
|
Land Survey: |
Survey Works conducted on land, non-navigable water bodies, or
underground areas. This includes Geodetic Surveys, Topographic Surveys, and Cadastral Surveys. |
|
Geodetic Survey: |
Survey Works studying the size, shape, and dimensions of the surface
and subsurface of the earth through observation, measurement, and studying
gravity and tectonic
movements. |
|
Topographic Survey: |
Survey Works conducted to generate and issue maps that show natural
and man-made features of the earth’s surface, highlighting the elevations and
depressions of the surface of the earth by connecting contour lines. |
|
Cadastral Survey: |
Survey Works conducted to demarcate the boundaries of public and
private property, buildings, structures, and other landmarks on the earth’s
surface. |
|
Hydrographic Survey: |
Survey Works related to the measurement and description of the
physical features of navigational waters in the Emirate and the coastal
regions connected thereto. |
|
Seismic Survey: |
Survey Works related to studying tectonic movements and underlying strata in order to monitor seismic
activities and earthquakes. |
|
Survey Control Point: |
A fixed survey reference point whose horizontal and vertical
coordinates are established with high precision. This point is used in all
Survey Works. |
|
Survey Network: |
A set of Survey Control Points with precisely known coordinates
established and placed in accordance with the survey specifications and
standards adopted by the DM. |
|
Boundary Marker: |
Physical points with known coordinates placed to clearly mark
boundaries, including building corner markers, right of way markers, and
marine boundary markers. |
|
Virtual Reference System: |
A system that provides continuous and real-time recording of
horizontal and vertical coordinates within all the areas of the Emirate using
satellite signals. |
|
Survey Station: |
A carefully selected location where special data collection and detection equipment are installed,
including a seismic monitoring station, a geodetic station, a tide gauge
station, and other stations. |
The provisions of this Law
apply to all Survey Works conducted throughout the Emirate,
including within Special Development Zones and free zones, such as the Dubai
International Financial Centre.
This Law aims to:
1. regulate the conduct of Land Surveys, Hydrographic Surveys,
and Seismic Surveys in the Emirate; and ensure that these are conducted in line
with the relevant international best practices;
2. keep pace with the
urban development witnessed by the Emirate, along with the accompanying planning
and urban projects; and
3. regulate the collection and exchange of written and
digital Survey information to ensure that it is secured, stored, and archived
in one place with an official entity in the Emirate.
The DM is the competent
entity responsible for regulating Survey Works in the Emirate and is the
official authorised source of the data and information resulting
from these works. The DM will be exclusively authorised to:
1. conduct Land Surveys, Hydrographic Surveys, and Seismic
Surveys in the Emirate;
2. generate, issue, and
update Survey Plans, Base Maps, Site Maps, Cadastral Maps, and other maps or plans, and
3. regulate the practice
of professions related to Survey Works in the Emirate.
For the purpose of conducting Land Surveys, the DM will
have the duties and powers to:
1. conduct Geodetic Surveys, Topographic Surveys, and
Cadastral Surveys in the Emirate;
2. measure the elevations and depressions of
terrains, and identify the natural features of these terrains and their locations
on land;
3. establish, manage, and maintain Survey Control
Points in the Emirate;
4. establish, manage, maintain, and secure Survey
Networks in the Emirate and link these networks to global network of Survey
Control Points;
5. supervise and monitor Survey Networks in the
Emirate;
6. establish the criteria and standards for
introducing new Survey Control Points in the Emirate, and link the Survey
Network of the Emirate with those of other emirates in the UAE;
7. develop, manage, supervise, and audit the outputs
of the Virtual Reference System, and approve other Land Survey systems and
techniques;
8. monitor the works related to establishing the
markers used for aerial photography, satellite imagery, and associated Survey
Control Points;
9. monitor and maintain land border points of the
Emirate, and re-establish the same, where required, in coordination with
competent entities in the UAE;
10. create, manage, update, and control the Land
Survey database in the Emirate;
11. identify the Boundary Markers for all types of
land in the Emirate and issue the necessary certificates for this purpose;
12. identify the Boundary Markers to be installed at the commencement
of construction works, ensure compliance with these markers at all stages of
the work, and issue the necessary certificates for this purpose;
13. ensure installation by contractors of the
proper Boundary Markers within the right-of-way when implementing service line
installation projects;
14. conduct Cadastral Surveys and issue the relevant reports; and
15. audit survey calculations made by consultants to obtain
building entry elevations, Qibla direction, and the elevation and dimensions of
various land in the Emirate.
For the purpose of conducting Hydrographic Surveys in
the Emirate, the DM will have the duties and powers to:
1. install Boundary Markers for maritime projects implemented in
the Emirate, including those involving electricity lines, and oil and gas
pipelines, installation, and other projects;
2. create a comprehensive and accurate database
of all Survey Works related to of the water mass in the Emirate and make it
accessible upon request;
3. support and facilitate urban growth and development in
the Emirate, particularly in aspects relating to Hydrographic Survey;
4. create, manage, and
monitor Survey Stations established in water bodies in the Emirate and monitor natural and non-natural phenomena relating to aquifers
and sedimentations;
5. operate and update the
natural disaster early warning system, and provide the necessary Hydrographic Survey data with a
view to managing and mitigating maritime disasters, in coordination with the
concerned entities in the Emirate; and
6. create, maintain, and
preserve a marine Survey Network for monitoring and studying water movement,
and link this network to the UAE’s
network and global networks.
For the purpose of conducting Seismic Surveys, the DM
will have the duties and powers to:
1. identify seismic activity zones which may impact the UAE, and
monitor and track this activity on the local and regional level;
2. provide highly accurate real time data upon the occurrence
of any earthquake which may impact the UAE, and provide concerned entities with
this data;
3. update the building code in the Emirate in order to ensure minimising
the impacts of earthquakes and tremors on buildings and other structures in the
Emirate;
4. contribute to
developing emergency and rescue plans required to respond to the disasters
resulting from earthquakes and tremors;
5. exchange information with various countries
worldwide with a view to studying tectonic movements and monitoring seismic
activities; and
6. assess, in coordination with the concerned
entities in the UAE, the risks of earthquakes and tremors.
a. The DM will prepare,
issue, distribute, maintain, and document Survey Plans, Base Maps, Site Maps,
and Cadastral Maps in the Emirate.
b. The provisions of paragraph (a) of
this Article will not prejudice the powers vested in the Dubai Land Department in
respect of issuing maps for recording and registering Real Property Rights.
a. No
Person may practise a profession associated with Survey Works in the
Emirate, including in Special Development Zones and free zones,
such as the Dubai International Financial Centre, without first obtaining the
relevant authorisation from the DM.
b. The implementing bylaw
of this Law will prescribe the conditions and procedures for authorising,
qualifying, and classifying Persons
wishing to practise a profession associated with Survey Works; and for
regulating any other matters relating to this profession.
The DM may, pursuant to an
agreement concluded for this purpose, delegate any of the powers vested in it
pursuant to this Law to any Government Entity or private entity.
This agreement will determine the rights and obligations of the parties.
No Person may undertake
any of the following acts:
1. conducting any Land
Survey, Hydrographic Survey, or Seismic Survey without first obtaining the
relevant authorisation from the DM;
2. setting up, destroying,
adjusting, removing, re-installing, or obscuring the Survey Network or any
Survey Control Point or Survey Marker;
3. causing damage to any Survey Station or undertaking any
act that would disrupt its effective operation;
4. generating or issuing
any Base Maps, Site Maps, Cadastral Maps, or any other survey maps or plans
that the DM has the jurisdiction to generate or issue;
5. publishing any false data or
information on the boundaries or markers of any land in the Emirate;
6. obstructing or disrupting the
conduct by the DM of any Land Survey, Hydrographic Survey, or Seismic Survey;
7. using any written or electronic survey information
obtained from the DM for other than its intended purpose, or providing third
parties with this information, for a price or free of charge, without first
obtaining the approval of the DM; and
8. performing any other acts
determined by the implementing bylaw of this Law.
In return for the services
it provides pursuant to this Law and for issuing authorisations to practise a
profession associated with Survey Works, the DM will charge the
fees prescribed by the implementing bylaw of this Law.
a. Without prejudice to
any stricter penalty stipulated in any other legislation, any Person who
violates this Law and its implementing bylaw, and the resolutions issued in
pursuance thereof, will be punished by a fine of not less than five hundred dirhams
(AED 500.00) and not more than fifty thousand dirhams (AED 50,000.00). The implementing bylaw of this
Law will determine the acts deemed as and violations of its provisions and the
penalties prescribed for each violation.
b. Upon repetition of the
same violation within one (1) year from the date of the previous violation, the
value of the fine imposed on the
violator will be doubled. A fine must not exceed one hundred thousand dirhams
(AED 100,000.00).
c. The implementing bylaw
of this Law will determine the measures and procedures that must be taken
against those engaged in Survey
Works and who act in violation of the provisions of this Law and its
implementing bylaw, and the resolutions issued in pursuance thereof.
Employees of the DM
nominated by a resolution of the Director General will have the capacity of law
enforcement officers to record the acts committed in breach of the provisions
of this Law and its implementing bylaw, and the resolutions issued in pursuance thereof. For
this purpose, they may issue the necessary violation reports.
In addition to the penalties
prescribed by this Law and the resolutions issued in pursuance hereof, the DM
may use its own resources to rectify any damage to Survey Control Points,
Boundary Markers, or Survey Stations, at the expense of the Person who has
caused the damage and failed to rectify the same within the time frame
prescribed by the DM. An additional twenty-five percent (25%) of these costs will
be charged by the DM as administrative and supervisory fees. The estimation by
the DM of these costs will be final.
Any affected party may
submit a written grievance to the Director General against the decisions,
procedures, and measures taken against him under this Law and the resolutions
issued in pursuance hereof within thirty (30) days of being notified of the contested
decision, procedure, or measure. The grievance will be determined, within
thirty (30) days from the date of its submission, by a committee formed by the
Director General for this purpose, and the decision issued on the grievance
will be final.
In performing the Survey Works stipulated in this Law,
employees of the DM may access public and private land, including farms,
residential complexes, and any other places in the Emirate, provided that the
provisions and rules prescribed in the legislation in force in respect of accessing
private residences are complied with.
For the purpose of
implementing the provisions of this Law and resolutions issued in
implementation hereof, the DM may seek assistance from Government Entities in
the Emirate, including the police force. Upon request, these entities must
provide prompt support and assistance to the DM.
a. Notwithstanding the
provisions of this Law, the authorities supervising free zones and Special Development Zones will have the
duties and powers to:
1. generate detailed maps
of the land existing within these zones showing the boundaries of the land, its
area, dimensions, the planning requirements thereof, its location on the master
plan of these zones, name of landowner, and type of ownership.
However, these maps must align with the maps and plans approved by the DM, and
must be generated through the Local Coordinates System;
2. determine the Boundary
Markers to be installed upon the commencement of construction works within
these zones; ensure compliance with these Boundary Markers at all stages of these
works; and issue the necessary certificates for this purpose, in accordance
with the Local Coordinates System;
b. The authorities supervising the free
zones and Special Development Zones must provide the DM with a paper and
electronic copy of the Survey Plan of the zones they are supervising and of the
land plots that fall within their jurisdiction; with the markers’ certificates
issued by them; and with any other updates on these maps and markers, pursuant
to the relevant procedure adopted by the DM.
c. In providing the
services referred to in paragraph (a) of this Article, the authorities
supervising the free zones and Special Development Zones will charge the fees
and prescribe the requirements and procedures they adopt in this respect.
a. The fees and fines
collected pursuant to this Law and the resolutions issued in pursuance hereof
will be paid to the Public Treasury of the Government of Dubai.
b. The fees, fines, and
costs collected by the authorities supervising the free zones and Special Development Zones, in return for
providing the services referred to in Article (20) of this Law, will be
retained by these authorities.
The Chairman of the Executive Council will
issue the implementing bylaw and the resolutions required for the
implementation of this Law.
Any provision in any other legislation will be
repealed to the extent that it contradicts the provisions of this Law.
This Law will be published in the Official Gazette
and will come into force on the day on which it is published.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 15 April 2017
Corresponding
to 18 Rajab 1438 A.H.
©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.