Administrative Resolution No. (227) of 2022

Concerning Exemption from Certain

Planning and Building Requirements in the Emirate of Dubai^{^[1]}

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The Director General of the Dubai Municipality,

After perusal of:

The powers legally vested in him under the Order of 1961 Establishing the Dubai Municipality (the “DM");

Law No. (17) of 2005 Establishing the Roads and Transport Authority (the “RTA”) and its amendments;

Law No. (6) of 2006 Concerning Contribution of Beneficiaries to the Cost of Roads and Public Transport Contracts and its Implementing Bylaw;

Decree No. (45) of 2021 Concerning the Dubai Building Code;

Local Order No. (2) of 1999 Concerning Classification and Regulation of Land Use in the Emirate of Dubai and its amendments;

Local Order No. (3) of 1999 Regulating Construction Works in the Emirate of Dubai and its amendments;

Regulation No. (10) of 2006 Concerning Applications for Exemption from Compliance with Planning and Building Regulations in the Emirate of Dubai;

Regulation No. (3) of 2007 Concerning Applications for Modifying the Permitted Use of Land and Buildings in the Emirate of Dubai;

Executive Council Resolution No. (15) of 2021 Approving the Organisational Structure of the Dubai Municipality;

Administrative Resolution No. (125) of 2001 Approving the Bylaw Concerning Building Requirements and Specifications and its amendments;

Administrative Resolution No. (66) of 2007 Concerning Rules for Exemption from Certain Planning and Building Requirements; and

Local Order No. (181) of 2017 Authorising Hotels to Build Rooftop Restaurants,

Does hereby issue this Resolution.

Definitions

Article (1)

The words and expressions set out in this Resolution will have the same meaning assigned to them in the above-mentioned Administrative Resolution No. (125) of 2001. For purposes of this Resolution, the term ‘Podium’ means the base of a building comprised of one or more levels and constructed in accordance with the provisions of this Resolution. Podiums will be subject to special planning and building rules that are different from those applicable to typical floors.

Permitted Exemptions from Certain

Planning and Building Requirements

Article (2)

a. The planning and building requirements set forth in the Schedule attached hereto may be waived in accordance with the permitted exemptions; and the rules, conditions, and drawings, indicated opposite each of these requirements.

b. In considering an application submitted to the DM for exemption from certain planning and building requirements, the DM must coordinate with the RTA if the application requires the RTA approval, as agreed upon between the DM and the RTA, and if the flow of traffic in the Emirate would be affected by the relevant exemption.

c. The procedures and process for considering applications for exemption from certain planning and building requirements; for issuing the necessary permits; and for obtaining the RTA approval to the exemption applications as agreed upon with the DM will be determined in accordance with the relevant regulations adopted by the DM.

Construction of Podiums

Article (3)

In multi-storey buildings, the construction of Podiums is permitted regardless of the building height, the number of levels, or the area of the land on which the building is built, subject to the following standards and requirements:

I. Number of Levels of Podiums

The number of levels of a Podium will be as follows:

1. one (1) level, where the building is less than five (5) storeys high; or

2. up to four (4) levels, where the building is five (5) or more storeys high.

II. Podium Projections

Podium projections extending beyond the plot boundary towards the road are permitted starting from the first level, provided that the Podium façade design adds to the aesthetic value of the building and that the projections are within the permitted limits. In this case, the projected area of the Podium will not count in calculating the maximum projected area ratio of the façade of the building.

III. Location of Podiums

The location of a Podium within a building will be determined in accordance with the following:

1. For a building with no mezzanine floor, the Podium must be immediately above the ground floor.

2. For a building with a mezzanine floor, the location of the Podium must be:

a. immediately above the mezzanine floor if the mezzanine is used for the same purposes as the ground floor; or

b. immediately below the mezzanine floor if the mezzanine floor is used for residential or office purposes based on the use of typical floors. In this case, the first floor of the Podium will be considered as a mezzanine floor and projections beyond the plot boundary will not be permitted for the first level of the Podium, but will be permitted only for the rest of the Podium levels.

IV. Podium Uses

The use of Podium levels will be limited to car parks. However, the area in excess of that designated as car parks may be used for any services that are related to the primary use of the building, including, without limitation, the following:

1. storage and mechanical services facilities, only as required to serve the building. The area of these facilities will not count in calculating the floor area ratio of the building;

2. prayer hall;

3. gymnasium to serve the building users; and

4. swimming pool to serve the building users.

V. Podium Design

When designing a Podium, the following requirements must be met:

1. Distinctive architectural designs that distinguish the floors of the Podium from the other floors of the building must be provided.

2. The height of the building after adding the Podium floors will not be limited to the height of adjacent buildings.

3. No setback is required for Podium levels from the side of adjacent buildings, provided that the privacy of the users of these buildings is not compromised and that the ventilation and lighting requirements therein are met.

4. No setback is required for the ground floor of the building from the side of adjacent buildings, provided that the privacy of the residential and office users of these buildings is not compromised and that the relevant ventilation and lighting requirements are met.

VI. Additional Requirements

a. A Podium roof may be used as a landscape and outdoor seating area subject to the following:

1. No permanent structures may be constructed on the Podium roof.

2. Separators with a minimum height of 1.8 metres must be constructed between the adjacent apartments overlooking the Podium roof.

3. Separators with a minimum height of 1.8 metres must be constructed between the buildings of similar use overlooking the Podium roof where no setback from adjacent buildings is maintained.

b. Podium area will not count in calculating the building coverage ratio. Rather, the building coverage ratio specified in the planning map will be calculated based on the area of the building's typical floors.

Issuing Implementing Instructions

Article (4)

The Chief Executive Officer of the Buildings Regulation and Permits Agency of the DM will issue the instructions required for the implementation of this Resolution.

Repeals

Article (5)

The above-mentioned Administrative Resolution No. (181) of 2017 is hereby repealed. Any provision in any other administrative resolution is also hereby repealed to the extent that it contradicts the provisions of this Resolution.

Publication and Commencement

Article (6)

This Resolution will be published in the Official Gazette and will come into force on the day on which it is published.

Dawood Abdul Rahman Al Hajiri

Director General

Dubai Municipality

Issued in Dubai on 9 August 2022

Corresponding to 10 Muharram 1444 A.H.

Schedule

Permitted Exemptions from Certain Planning and

Building Requirements; and the Rules, Conditions, and Drawings

Applicable to these Exemptions

SN	Planning/Building Requirement	Permitted Exemption	Rules, Conditions, and Drawings
1	Gymnasium in Investment Villa Compounds	A standalone gymnasium block may be added in the investment villa compound without counting its area in calculating the floor area ratio (FAR).
1
2	Labour Accommodation Corridor Projections	External Corridors may be constructed at the Labour Accommodation.	1. Corridors must be within the plot limits. 2. Façades must be designed in a way that ensures that corridors are covered allowing the light and air to flow through.
2
3	Percentage of Shortage in the Number of Car Parks When Changing the Use of the Roof from a Gymnasium to Residential or Office Unit(s)	1. The maximum percentage of shortage in the number of car parks in an existing building may not apply. 2. A maximum percentage of 15% shortage in the number of car parks may be allowed in buildings to be constructed after the issuance of this Resolution.	The fees prescribed pursuant to the above-mentioned Regulation No. (10) of 2006 must be paid.
4	Guard Room on the Roof	A guard room may be added on the roof.	The area of the room must not exceed 15 square metres.
5	Prayer Room on the Roof	For all buildings, except industrial buildings and labour accommodations, a prayer room may be added on the roof to serve building users.	Roof building requirements must be complied with.
6	Extra Car Parks at Buildings	Extra car parks in all buildings may be cancelled.	Additional car parks must be provided in case of adding new building uses requiring these car parks.
7	Utilising Building Projections	- A building projection may be incorporated into a room (bedroom, living room, office, kitchen, bathroom, etc.) without the need to abide by the room minimum area requirement. - A maximum of 30-centimetre unutilised decorative projection is allowed in case the width of the road or sikka is less than 6 metres. - A maximum of 90-centimetre unutilised decorative parapet projection is allowed in residential villas. - A maximum of 30-centimetre unutilised decorative projection within the setbacks of residential buildings/ villas is allowed, starting higher than the level of the windows sill.	- The road width must be at least 9 metres. - The enclosed or incorporated part of the projection may not exceed 50% of the area of the façade. - The enclosed or incorporated part may not have any additional projections beyond the plot boundary unless this is within the allowed limits. - Distinctive building façade designs must be provided.
7

8	Basement Uses
	1. Basements in Private Residential Villas	All primary uses and services related to private residential villas are allowed.	Basements may be used in all types of buildings subject to the following requirements: 1. Ventilation and lighting must be ensured in the used spaces. 2. The required car parks must be provided. 3. The area of the used spaces of the basement will count in calculating the floor area ratio, if any. 4. The maximum height of the basement ceiling level may not exceed 1.1 metres measured from the road surface in case of buildings, or 1.4 metres from the side of residential villas. 5. The basement must be connected to the inside of the building by a staircase, and an emergency exit must be provided. 6. A basement floor may not be used independently from the main building.
	2. Basements in Shopping Centre Buildings	All primary uses and services related to the primary use of the building are allowed.
	3. Basements in Commercial, Office, or Residential Buildings	Commercial, office, and all other service uses, except for residential use, are allowed.
	4. Basements in Office Buildings	All office and service uses are allowed.
	5. Basements in Health Facilities	All primary uses and service uses related to the primary use of the building are allowed, except for the use as in-patient rooms or consultation rooms (clinics).
	6. Basements in Educational Institutions	All primary uses and service uses related to the primary use of the building are allowed, except for the use as classrooms or administration offices.
	7. Basements in Mosques	Prayer halls and all service uses related to the mosque are allowed.
	8. Basements in Government Buildings	All primary uses and service uses related to the primary use of the building are allowed.
	9. Basements in Hotels	Except for use as hotel rooms, all primary uses and service uses related to the primary use of the building are allowed, including the use as restaurants, halls, and service offices.
	10. Basements in Industrial Buildings and Labour Accommodations	Basement use will be limited to the following : 1. car parks; and 2. electricity or water services, pump rooms, and similar uses.

Dawood Abdul Rahman Al Hajiri

Director General

Dubai Municipality

[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.