Concerning
Urban Planning 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. (11) of 2003 Establishing
Nature Reserves in the Emirate of Dubai;
Law No. (17) of 2005 Establishing
the Roads and Transport Authority and its amendments;
Law No. (2) of 2012 Establishing
the Dubai Aviation Engineering Projects Corporation;
Law No. (10) of 2015 Concerning the
Dubai Aviation City Corporation;
Law No. (1) of 2016 Concerning the
Financial Regulations of the Government of Dubai, and its Implementing Bylaw and
its amendments;
Law No. (5) of 2021 Concerning the
Dubai International Financial Centre;
Decree No. (22) of 2009 Concerning
Special Development Zones in the Emirate of Dubai;
Decree No. (34) of 2022
Establishing the Agencies Affiliated to the Dubai Municipality and Determining
their Functions;
Decree No. (1) of 2023 Concerning
Governance of the Councils/ Boards and Committees Affiliated to the Government
of Dubai;
The Order of 1961 Establishing the
Dubai Municipality;
Regulation No. (10) of 2006
Concerning Applications for Exemption from Compliance with Planning and
Construction 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.
(18) of 2013 Approving Dubai Municipality Fees for Planning Applications and
Advertising Billboard Permits;
Executive Council Resolution No.
(18) of 2021 Forming the Supreme Urban Planning Committee in the Emirate of
Dubai;
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;
The legislation establishing and
regulating Free Zones in the Emirate of Dubai; and
The Dubai 2040 Urban Master Plan
approved on 13 March 2021,
Do hereby issue this Law.
This Law will be cited as "Law No. (16) of 2023 Concerning Urban
Planning 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:
|
Emirate: |
The Emirate
of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Executive
Council: |
The Executive Council of the Emirate of
Dubai. |
|
SUPC: |
The Supreme Urban Planning Committee formed
pursuant to this Law. |
|
DM: |
The Dubai Municipality. |
|
Director
General: |
The director general of the DM. |
|
Concerned
Entity: |
Any Government Entity assigned by a
resolution of the Chairman of the Executive Council to implement the
provisions of this Law. |
|
Free
Zone: |
A free zone established and regulated
pursuant to legislation issued by the Ruler. This includes the Dubai
International Financial Centre. |
|
Special
Development Zone: |
A zone regulated pursuant to the
above-mentioned Decree No. (22) of 2009, or any zone established pursuant to
legislation issued by the Ruler as a Special Development Zone. |
|
Urban
Planning: |
Planning
measures that have urban impacts and that reflect the short-, medium-, and
long-term economic, social, cultural, and environmental objectives and
policies of the community, within the scope of the strategic planning for
urban development at the Emirate’s level or the detailed planning for
development of specific zones, areas, or land plots. These measures may cover all or some Urban
Planning sectors, such as land use, housing, transportation systems,
infrastructure and environmental structures, green and open areas, and community
services. |
|
Urban
Planning Scheme: |
A set of approved plans and tools aimed at
managing, regulating, and controlling Urban Planning in the Emirate. This
includes the Structure Plan, Framework Plans, and Guidelines; as well as
Master Plan Permits, Planning Permits, Master Planning Permits, and any other
planning tools stipulated in this Law, the resolutions issued in pursuance
hereof, and the circulars and manuals issued by the DM. |
|
Structure
Plan: |
The basic document of the Urban Planning
Scheme, which serves as a long-term comprehensive strategic plan outlining
the visions, objectives, and general policies related to the development and
use of land and to the Urban Planning sectors, such as housing,
transportation systems, infrastructure, environmental structures, green and
open areas, community services, energy, and economic development zones. In
addition, the plan outlines the implementation phases, limits, and priorities
of future urban development. |
|
Framework
Plan: |
A plan prepared, in coordination
with the authorities supervising Special Development Zones or Free Zones, as
the case may be, by the DM or a Concerned Entity as per its functions under
the legislation in force, with a view to establishing the detailed
implementing policies, programmes, and procedures for the Structure Plan in respect
of:
|
|
Master
Plan Permit: |
A permit issued by the DM or by an authority
supervising a Special Development Zone or a Free Zone, as the case may be,
authorising the implementation of development works, the Subdivision of Land
and determination of its use, the establishment of Planning Requirements for
certain zones for which no Master Plan Permit has been issued; or the
implementation of major changes to an approved Master Plan, in accordance
with the relevant standards and procedures adopted by the DM. |
|
Planning
Permit: |
A permit issued by the DM or by an authority
supervising a Special Development Zone or a Free Zone, as the case may be,
authorising the implementation of development works, the modification of the
Subdivision of Land and its use, or the Planning Requirements for certain
zones for which a Master Plan Permit has been issued, provided that these
works or modifications do not substantially affect the approved Master Plan. |
|
Master
Planning Permit: |
A permit issued by the DM authorising the
implementation of specific types of development works for all or certain land
plots, in accordance with the requirements prescribed by the DM and without
the need for applying for a Planning Permit. |
|
Planning
Requirements: |
The requirements and rules governing
the types of land use, setbacks, floor area, permitted number of floors, and
car parks; and other planning requirements and rules. |
|
Strategic
Environmental Assessment: |
Assessment of the environmental impact of proposed policies, plans, strategies,
and programmes; and determination of the cumulative impacts of these
policies, plans, strategies, and programmes and the methods of addressing
them. |
|
Geospatial
Database: |
A database used for storing, processing, and
analysing data on all characteristics,
attributes, and elements
of an overground or underground geographical site, including demographic,
environmental, and geological data layers; data layers of buildings, land
use, and various public services and utilities; and other primary and
secondary data layers describing the built-up and natural environments in
detail. |
|
Guidelines: |
The guidelines adopted or issued by the DM in
coordination with the Concerned Entities or the authorities supervising
Special Development Zones and Free Zones, as the case may be, to be observed
when devising plans, at different levels, and when issuing the Planning
Permits to which this Law applies. |
|
Communal
Facilities: |
Facilities that serve individuals and the community; and that are aimed at
fulfilling their health, social, educational, religious, recreational, and
cultural needs and providing them with care and other services. |
|
Public
Spaces: |
The areas that are freely accessible to the
public, including without limitation, parks, beaches, roads, squares, and
other public places. |
|
Subdivision
of Land: |
Any modification to the boundaries and area
of a land plot. This includes subdividing the land into two or more parcels,
or merging two or more parcels into one land plot. |
|
Person: |
A natural person or a public or private legal
person. |
The provisions of this Law apply to:
1. all areas within the Emirate, including Special
Development Zones and Free Zones, such as the Dubai International Financial
Centre; and
2. all individuals and public and private entities
performing development works in the Emirate.
This Law aims to:
1. develop an integrated and effective Urban
Planning Scheme that encourages investment and sustainable development, with a
view to achieving prosperity, improving the quality of life and living
conditions, and ensuring the safety and security of the community in the
Emirate;
2. establish the governance of the Urban Planning
sector; determine the functions of involved entities; develop cooperation,
coordination, and integration between these entities on all matter related to
Urban Planning; and encourage them to exchange data and information;
3. improve the efficiency of preparing and
implementing Urban Planning plans and strategies; and follow up their
implementation and assess their outcomes, with a view to upholding the
principles of fairness, equality, transparency, and accountability;
4. regulate and follow up the Urban Planning work
and ensure that it is performed in line with the adopted plans, strategies, and
policies;
5. preserve all elements of the environment, the
biodiversity, and the natural resources in the Emirate for present and future
generations;
6. contribute to the development of a system for
the Environmental Impact Assessment and the Strategic Environmental Assessment
within the Emirate.
a. Pursuant to this Law, a permanent committee
named the “Supreme Urban Planning Committee” is formed. The SUPC will be
comprised of a Chairman, a vice chairman, and a number of Members representing
the entities in charge of Urban Planning in the Emirate. These Members will be
appointed pursuant to a resolution of the Chairman of the Executive Council.
b. The SUPC will have the duties and powers to:
1. develop the general policy of Urban Planning,
and determine the objectives of urban development, in the Emirate in line with
the adopted visions, objectives, and strategies;
2. approve the Structure Plan of the Emirate, and
submit the same to the Executive Council for final approval;
3. supervise the implementation of the approved
Structure Plan, and ensure that the plans of Government Entities in the Emirate
are in line with that plan;
4. follow up the implementation of the Structure
Plan; monitor its progress and completion phases as per the adopted plans;
ensure that the Structure Plan is in line with the Government priorities; and
issue the necessary directives in respect of any obstacles or difficulties that
may be encountered in the completion of these phases;
5. review the outcomes of the strategic
performance indicators related to the implementation of the Structure Plan, and
advise on the measures and solutions required for enhancing the efficiency and
effectiveness of its implementation;
6. approve the relevant recommendations on the
strategic plans and studies, Framework Plans, and infrastructure projects
related to the Structure Plan; and submit the same to the Executive Council for
final approval;
7. approve the relevant recommendations on the
major urban development projects presented by the DM, and submit the same to
the Executive Council for final approval;
8. issue the necessary directives on any major
amendments to the approved Structure Plan based on the relevant developments
and the orientation of the Government of Dubai;
9. propose the policies and legislation that
ensure the achievement of the objectives of the Structure Plan, and enable the
entities in charge of implementing that plan to perform their functions;
10. ensure coordination between the entities
concerned with the Urban Planning in the Emirate and integration of their
roles;
11. make the necessary decisions on any issues or
conflicts that may arise among the entities concerned with Urban Planning,
where no compromise solutions are reached; and refer, where required,
unresolved issues or conflicts with its recommendations to the Executive
Council;
12. form sub-committees and work teams to assist it
in performing its functions under this Law, the resolutions issued in pursuance
hereof, and other legislation in force in the Emirate; and determine the
duties, powers, and terms of reference of these sub-committees and work teams
and any other matters related to them;
13. seek assistance from experts and specialists,
as it deems appropriate, whether or not they are employees of the entities
concerned with Urban Planning in the Emirate; and invite them to attend its
meetings without having the right to vote in its deliberations;
14. determine the Concerned Entities in charge of
implementing this Law, and present the same to the Chairman of the Executive
Council for approval; and
15. exercise any other duties or powers required
for the achievement of the objectives of this Law, as assigned to it by the
Ruler or the Chairman of the Executive Council.
c. The provisions of the above-mentioned Decree
No. (1) of 2023 and the resolutions issued in pursuance thereof apply to all
matters related to regulating the conduct and validity of the SUPC meetings,
the issuance of its resolutions and recommendations, and the duties of its
Chairman and Members; as well as all other matters related to the governance of
the SUPC.
For the purposes of this Law, the DM will be
exclusively in charge of regulating the Urban Planning sector in the Emirate.
To this end, the DM will, in coordination with the Concerned Entities in the
Emirate and the authorities supervising Special Development Zones and Free
Zones where required, have the duties and powers to:
1. prepare the Structure Plan and any amendments
thereto and submit the same to the SUPC for approval;
2. prepare the Framework Plans and detailed
policies pertaining to its functions, and any amendments thereto; and submit the same to the SUPC
for approval;
3. ensure that the Framework Plans prepared by the
Concerned Entities are in line with the Structure Plan before submitting the
same to the SUPC for approval;
4. ensure that urban development in the Emirate is
progressing in line with the adopted visions, policies, strategies, and
objectives; follow up the implementation of the Structure Plan and Framework
Plans, and the associated programs, projects, and indicators; prepare an annual
audit report on the implementation of these plans, the relevant challenges and
obstacles, and the necessary action to address such challenges and obstacles;
and submit that report to the SUPC to take the necessary action in respect
thereof;
5. prepare comprehensive sectoral planning
research and studies to identify the future development issues, policies, and
orientations of the Emirate;
6. conduct studies on urban designing and detailed
area planning; and devise plans for the rehabilitation, beautification, and
development of existing areas;
7.
review the
applications for Master Plan Permits and Planning Permits for all areas in the
Emirate to ensure that they are in line with the Structure Plan and Framework
Plans, and to identify any substantial contravention in respect of these
applications and submit the same to the SUPC to make appropriate decisions in
respect thereof;
8. issue all types of Planning Permits, including
Master Plan Permits, Planning Permits, and Master Planning Permits;
9. issue the bylaws, circulars, and Guidelines related
to the DM’s functions. This includes but is not limited to:
a. the criteria for conducting the Strategic
Environmental Impact Assessment required to be conducted before the approval or
modification of any plans or programmes that would affect the environment,
including the Structure Plan or any Framework Plans; and
b. the unified criteria and procedures for
receiving and reviewing applications for Master Plan Permits and Planning
Permits for all areas in the Emirate, including Special Development Zones and
Free Zones;
10. provide the right-of-way areas required for the
services, infrastructure, roads, and transportation based on the outcomes and
requirements of the approved Framework Plans and studies, in accordance with
the relevant procedures and standards adopted by the DM;
11. regulate and monitor Urban Planning activities,
and verify that Persons comply with the Planning Requirements and with the
terms of the issued permits;
12. create and update a comprehensive, detailed,
and unified Geospatial Database in the Emirate and make the database accessible
to the Concerned Entities, in accordance with the rules and procedures agreed
upon between the DM and these entities;
13. undertake all matters related to the protection
of the environment, beaches, water, and the public parks, and their development
in the Emirate, in accordance with the applicable legislation;
14. undertake all duties related to the maintenance
and restoration of heritage sites and historical areas, with a view to ensuring
preservation of the same; and
15. exercise any other duties or powers required
for the achievement of the objectives of this Law, as assigned to it by the SUPC.
For the purposes of this Law, the Concerned
Entities will, each within its own jurisdiction, have the duties and powers to:
1. coordinate with the DM to prepare the Structure
Plan, and provide the DM with the information related to the Urban Planning functions
vested in them pursuant to the legislation in force in the Emirate;
2. prepare, modify, and update the Framework Plans
that fall within their jurisdiction in coordination with the DM and other
entities; and submit the same to the SUPC for approval;
3. prepare, modify, and update, in coordination
with the DM and other entities, the guidelines that falls within their
jurisdiction and that are relevant to the implementation of this Law;
4. measure the performance indicators of the
implementation of the Structure Plan and the Framework Plans as relevant to
their functions; and provide the DM with the resulting outcomes, and with the
information and data requested by the DM to enable it to follow up the
implementation of the Structure Plan and to prepare the relevant reports;
5. provide the DM with all the information and
data it requests to create and update a unified Geospatial Database, in
accordance with the relevant procedures, criteria, and specifications
prescribed by the DM; and
6. exercise any other duties or powers required
for the achievement of the objectives of this Law, as assigned to them by the SUPC.
Without prejudice to the provisions of this
Law, an authority supervising a Special Development Zone or a Free Zone will:
1. refer any applications for Master Plan Permits
to the DM to ensure that they are in line with the Structure Plan and Framework
Plan; and refer to it any applications for Planning Permits that substantially
affect the approved Master Plan of the DM to ensure that they are in line with
that plan;
2. issue Master Plan Permits and Planning Permits
for the land it supervises, subject to compliance with the Structure Plan and
Framework Plans of the Emirate and in accordance with the procedures,
standards, and Guidelines adopted by the authority. In case of any conflict,
the authority will coordinate with the DM to resolve that conflict or to reach
compromise solutions; and
3. provide the DM with all the data and
information of the Master Plan Permits, Planning Permits, and Construction
Works Permits issued by the authority, together with any other data or
information requested by the DM, in accordance with the procedures and within
the time frames agreed upon between the DM and the authority.
The provisions of this Law apply without
prejudice to the functions of the entities in charge of planning, designing,
implementing, and constructing Airports at the Dubai Aviation City pursuant to
the legislation applicable to these entities. When preparing and approving
their development plans, these entities must ensure that the plans are in line
with the Structure Plan.
The Structure Plan is deemed the comprehensive
strategic document governing the Urban Planning sector in the Emirate, and the
key basis for:
1. preparing the Framework Plans, which must be in
line with the Structure Plan, and develop the mechanisms required for their
implementation;
2. guiding the process of preparing the
Guidelines; and
3. establishing the basic principles for:
a. determining applications for Master Plan
Permits and Planning Permits; and
b. issuing Master Plan Permits.
As of the effective date of this Law, the Dubai
2040 Urban Master Plan approved on 13 March 2021 will be deemed the Structure
Plan of the Emirate. The procedures and rules pertaining to Dubai 2040 Urban
Master Plan will be governed by the provisions of this Law, the resolutions issued
in pursuance hereof, and other legislation in force in the Emirate.
In case of any conflict between the policies,
strategies, and objectives of the Structure Plan and the Framework Plans or
Guidelines, the Structure Plan will prevail.
a. The DM will review the Structure Plan at least
once every ten (10) years as of the date on which it is approved; prepare a
report on the outcomes of the review, including its recommendations in respect
of any proposed amendments; and submit that report to the SUPC to take the
necessary action in respect thereof.
b. The DM and the Concerned Entities will review
the Frameworks Plans that fall within their respective jurisdictions at least
once every five (5) years as of the date on which they are approved; will prepare
a report on the outcomes of that review, including their recommendations in
respect of any proposed amendments; and will submit this report to the SUPC to
take the necessary action in respect thereof.
c. Notwithstanding the provisions of paragraphs
(a) and (b) of this Article, the DM may propose any amendments to the Structure
Plan; and the DM or Concerned Entities may propose any amendments to the
Framework Plans, at any time where these amendments are deemed essential and
fundamental.
No amendment to the Structure Plan or Framework
Plans will take effect unless it is approved by the SUPC and ratified by the
Chairman of the Executive Council.
The procedures and rules for preparing and
amending the Structure Plan and the Framework Plans, and the procedures for
approving and ratifying these plans, will be determined pursuant to a
resolution to be issued by the Chairman of the Executive Council in this
respect. This resolution must provide for:
1. the procedures and rules for consultation and
coordination between the DM, the Concerned Entities, and the authorities
supervising Special Development Zones and Free Zones when preparing and
amending the Structure Plan or the Framework Plans;
2. the procedures and rules for consultation and
coordination with the real property developers, land Owners, and community
members, where required; and
3. any other matters determined by the Chairman of
the Executive Council as necessary for the achievement of the objectives of
this Law.
a. The Concerned Entities must present the
guidelines adopted by them in respect of Urban Planning to the DM in order to
mutually agree with it on the contents of the same before adopting them as
Guidelines for planning and for directing development works.
b. The Guidelines adopted by the DM and the
Concerned Entities may apply, provided that they do not conflict with the
Structure Plan and the provisions of this Law.
No Person may perform, or allow others to
perform, any development works in the Emirate without first obtaining a Master
Plan Permit, Planning Permit, or Master Planning Permit. In performing the
development works, that Person must comply with the legislation in force in the
Emirate and with the terms of the permit issued to him.
The DM may, in coordination with the
authorities supervising Special Development Zones and Free Zones, include
additional requirements in the Master Plan Permit or the Planning Permit issued
by the DM or these authorities to ensure alignment with the Structure Plan and
the Framework Plan. These requirements may govern the method of coordination of
the development works performed in adjacent sites; the provision of Public
Spaces and common services and the conditions and schemes for using the same; the
conservation of Natural Reserves; compliance with the Guidelines; or any other
matters deemed necessary by the DM. The technical details of these requirements
will be determined pursuant to a resolution to be issued by the Director
General in this respect.
Pursuant to a resolution of the SUPC, a
sub-committee named the “Urban Planning Grievances Committee” will be formed.
This sub-committee will be responsible for considering and determining any
grievances filed with it in respect of the decisions and measures issued by the
DM or the Concerned Entities under this Law and the resolutions issued in
pursuance hereof. The SUPC resolution will provide for the time frames and
procedures for submitting and determining grievances, the terms of reference of
the sub-committee, the procedures for holding its meetings and passing its
resolutions, and all other relevant matters.
a. In return for issuing permits and providing
other services under this Law and the resolutions issued in pursuance hereof,
the DM and the authorities supervising Special Development Zones and Free
Zones, as the case may be, will collect their applicable fees in accordance
with the legislation in force in the Emirate.
b. The Chairman of the Executive Council will
issue a resolution determining the acts that constitute violations of this Law
and the resolutions issued in pursuance hereof, and the relevant penalties and
measures to be imposed on violators.
a. The employees of the DM, and the authorities
supervising Special Development Zones and Free Zones, nominated pursuant to the
relevant resolutions of the Director General and the officials in charge of
these authorities will, each within his own powers, have the capacity of law
enforcement officers to record the acts committed in breach of the provisions
of this Law and the resolutions issued in pursuance hereof.
b. The employees referred to in paragraph (a) of
this Article may enter and inspect Establishments and all their facilities, and
review their records. They may record violations using traditional or
electronic means, issue the relevant violation reports, and seek assistance
from the police personnel where necessary.
With the exception of the resolutions which the
SUPC or the Director General is exclusively authorised to issue, the Chairman
of the Executive Council will issue the resolutions required for the
implementation of the provisions of this Law. These resolutions will be
published in the Official Gazette.
a. Any provision in any other legislation is
hereby repealed to the extent that it contradicts the provisions of this Law.
b. The resolutions, bylaws, and regulations
applicable to Urban Planning prior to the effective date of this Law will
continue in force to the extent that they do not contradict the provisions
hereof, until new superseding resolutions, bylaws, and regulations are issued.
c. The SUPC formed pursuant to the above-mentioned
Executive Council Resolution No. (18) of 2021 will continue to exercise its
functions and powers under that resolution, and the functions assigned to it
under this Law and the resolutions issued in pursuance hereof, until the SUPC
is reconstituted pursuant to a resolution of the Chairman of the Executive
Council in accordance with the provisions of this Law.
This Law will be published in the Official
Gazette and will come into force ninety (90) days after the date of its
publication.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in
Dubai on 7 July 2023
Corresponding
to 19 Thu al-Hijjah 1444 A.H.
©2023 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.