Administrative
Resolution No. (83) of 2020
Prescribing
the Rules
and Requirements for
Construction,
Alteration, and Maintenance of Mosques in the Emirate of Dubai[1]
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The
Director General of the Islamic Affairs and Charitable Activities Department,
After perusal of:
Law No. (2) of 2011
Concerning the Islamic Affairs and Charitable Activities Department;
Executive Council
Resolution No. (25) of 2013 Concerning Mosques and Religious Activities in the
Emirate of Dubai;
Executive Council
Resolution No. (2) of 2020 Approving the Organisational Structure of the
Islamic Affairs and Charitable Activities Department; and
The legislation
establishing and regulating free zones and Special Development Zones in the
Emirate of Dubai,
Does
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. |
|
IACAD: |
The Islamic Affairs and Charitable
Activities Department. |
|
Director General: |
The director general of the IACAD. |
|
Mosque: |
A place designated for prayers,
including mosques built by individuals on endowed and non-endowed land.
Mosque courts and appurtenances to mosques will be treated as mosques. |
|
Donor: |
A Person wishing to construct a Mosque
on a land plot he owns or on a land plot owned by the IACAD; or a Person
wishing to perform any alterations or additions to, or maintenance of, a
Mosque. |
|
Person: |
A natural or legal person. |
Allocation of a land
plot on which a Mosque is to be constructed will be subject to the following:
1. Land
Plots Owned by Persons
a.
A
Donor wishing to construct a Mosque on a land plot he owns must register the
land plot as an Endowment in the name of the IACAD.
b.
A
land plot registered as an Endowment in the name of the IACAD pursuant to the
provisions of sub-paragraph (1)(a) of this Article may not be substituted, altered,
or used for any other purpose without first obtaining the written approval of
the IACAD, which will be issued in coordination with the competent entities in
the Emirate.
2.
Land Plots Owned by the IACAD
a.
The
IACAD will, in coordination with the competent entities in the Emirate,
allocate to a Donor
the land plot on which the Mosque will be constructed.
b.
Where
a land plot owned by the IACAD is allocated to a Donor to construct a Mosque
thereon, this land plot will remain the property of the IACAD and will not be
conveyed to the Donor by reason of that allocation.
c.
The
allocation of a land plot on which a Mosque is to be constructed will terminate
upon completion of the Mosque construction; where the Donor fails to complete,
or reneges on, constructing the Mosque; upon the death of the Donor; or upon the lapse
of the allocation term prescribed by this Resolution.
A Donor wishing to construct a Mosque in the Emirate must
comply with the following procedures:
1.
An
application for construction of the Mosque will be submitted to the IACAD on
the form prescribed by it for this purpose, supported by the required
documents.
2.
The
IACAD will consider the application referred to in paragraph (1) of this
Article and will issue its decision to approve or reject that application
within fifteen (15) days from the date of its submission.
3.
Where
the application is approved, the applicant must appoint a consultant, submit
the construction plans of the Mosque, and obtain a building permit from the
competent licensing authority in the Emirate, within six (6) months from the
date on which the IACAD approves the application. The IACAD may, upon the
request of the Donor, extend this time frame once for a period not exceeding
three (3) months.
4.
The
IACAD may cancel the allocation of a land plot designated for constructing a
Mosque if the Donor fails to appoint a consultant; to submit the required
construction plans; or to obtain the relevant building permit, within the time
frame referred to in sub-paragraph (3) of this Article.
5.
The
Donor must complete the Mosque construction works within a period not exceeding
two (2) years. The IACAD may, upon the request of the Donor, extend this time
frame once for a period not exceeding two (2) years. The IACAD may cancel the
allocation of the land plot designated for constructing the Mosque where
construction works are not completed within that time frame.
6.
Upon
completion of the construction works, the Mosque will be handed over to the IACAD
in accordance with the procedures adopted by it in this respect.
A Donor must:
1.
comply
with the construction standards, plans, designs, area, capacity, and Qibla
direction certificate approved by the IACAD;
2.
not
change the use of the Mosque; or add new services or facilities to, or cancel
any existing services or facilities of, the Mosque without first obtaining the
written approval of the IACAD and the relevant permits from the competent licensing
authority in the Emirate;
3.
bear
all expenses and costs of the construction and operation of the Mosque, and of handing
it over to the IACAD;
4.
subject
to obtaining the completion certificate from the competent authority in charge
of licensing construction works in the Emirate, sign the relevant document for
handover of the Mosque to the IACAD; and
5.
repair
any defects in the Mosque within the first year of its operation.
a.
The
IACAD will be responsible for naming Mosques. The IACAD may, upon the request
of a Donor, adopt the Mosque name proposed by him.
b.
In
naming a Mosque, it must not be assigned the name of any other Mosque in the
Emirate.
a.
No
extension or maintenance of a Mosque, or additions or alterations thereto, may
be carried out without first obtaining the written approval of the IACAD and the
relevant building permit from the competent licensing authority in the Emirate.
b.
An
applicant for an approval to carry out extension, alteration, addition, or
maintenance works must undertake to comply with the procedures and standards adopted
by the IACAD in this respect.
a.
An
authority supervising a free zone or a Special Development Zone in the Emirate
must:
1.
include
the number, locations, area, and types of the Mosques to be constructed in the
zone it supervises in the zone master plan approved by it; obtain the approvals
to this master plan from the competent entities in the Emirate; and notify the
IACAD of the same;
2.
upon
approving the master plan by the competent entities in the Emirate, demarcate
the land plots allocated for constructing Mosques and apply for issuing their
title deeds in the name of the IACAD;
3.
consider,
in coordination with the IACAD and the competent entities in the Emirate, the
need for constructing Mosques within real property projects; and
4.
construct,
and bear the operating costs of, at least one Mosque within the zone it
supervises.
b.
The
allocation of land plots for constructing Mosques, and the procedures for
construction, alteration, or maintenance of Mosques in free zones and Special
Development Zones, will be in accordance with the provisions of this
Resolution.
Any affected party may submit a written grievance to the
Director General against any decision or measure taken against him under this
Resolution within fifteen (15) days of being notified of the contested decision
or measure. The grievance will be considered and determined, within fifteen
(15) days from the date of its submission, by a committee formed by the
Director General for this purpose; and the decision issued in respect of the
grievance will be final.
The provisions of this Resolution will apply without
prejudice to the functions vested in the competent entities in the Emirate,
including the authorities supervising free zones and Special Development Zones,
in relation to supervising, monitoring, and licensing construction works, in
accordance with the applicable legislation relevant to these entities.
The Executive Director of the Mosques Affairs Sector of the
IACAD will issue the instructions required for the implementation of the
provisions of this Resolution.
Any provision in any other administrative resolution will
be repealed to the extent that it contradicts this Resolution.
This Resolution will be published in the Official Gazette
and will come into force on the day on which it is published.
Dr.
Hamad Al Sheikh Ahmed Hamad Al Shaibani
Director General
Islamic Affairs and Charitable Activities Department
Issued in Dubai on 5 May 2020
Corresponding to 12 Ramadan 1441 A.H.
©2020 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.