Administrative Resolution No. (275)
of 2024
Approving the Procedures for
Replacing Engineering Firms and
Contracting Companies, and for
Issuing Completion Certificates[1]
ـــــــــــــــــــــــــــــــــــــــــــــــــــ
The Director General of the Dubai
Municipality,
After perusal of:
Decree No. (34) of 2022 Establishing the Agencies Affiliated
to the Dubai Municipality and Determining their Functions;
The Order of 1961 Establishing the Dubai Municipality;
Executive Council Resolution No. (28) of 2022 Concerning the
Insurance Policy Required for Licensing Construction Works in the Emirate of
Dubai;
Local Order No. (89) of 1994 Regulating the Engineering
Consultancy Profession 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;
Administrative Resolution No. (61) of 2011 Concerning
Unlicensed, Condemned, and Abandoned Buildings in the Emirate of Dubai and its
amendments; and
Administrative Resolution No. (10) of 2019 Approving the
Procedures for Replacing Engineering Firms and Contracting Companies, and for
Issuing Completion Certificates,
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. |
|
DM: |
The Dubai Municipality. |
|
Competent Department: |
The Building Activities Control Department of the
Buildings Regulation and Permits Agency of the DM. |
|
Construction Works: |
This includes construction, demolition, and
maintenance of buildings, as well as any additions or modifications thereto,
including excavation, levelling, and backfilling works. |
|
Owner: |
A natural person or a public or private legal person
in whose name a land plot or a building is registered, in his capacity as the
owner or possessor of the same. |
|
Engineering Firm: |
A company or establishment which is contracted by an
Owner to design and/or supervise Construction Works, and which is licensed to
practise the engineering consultancy profession in the Emirate, in accordance
with the legislation in force in the Emirate. |
|
Contractor: |
A company or establishment which is contracted by an
Owner to perform Construction Works, and which is licensed to conduct the building
construction contracting activity, in accordance with the legislation in
force in the Emirate. |
|
Profession: |
The engineering consultancy profession or the building
construction contracting profession, as the case may be. |
|
Completion Certificate: |
A document issued by the DM certifying that a
building is fit for occupancy and use upon its construction as per the building
permit and plans, and in accordance with the legislation in force in the
Emirate. |
This Resolution applies to the applications
submitted to the DM for replacement of an Engineering Firm or a Contractor, or
for issuance of a Completion Certificate.
In case of a consented replacement of an
Engineering Firm after the issuance of the building permit, the following
procedures and requirements apply:
1.
An
application for replacement of the Engineering Firm will be submitted to the
Competent Department. This application must be signed by the legal
representatives of the outgoing and replacement Engineering Firms, and must be
supported by the following documents:
a.
a
declaration by the Owner stating that he approves the
replacement of the Engineering Firm, that he has appointed the replacement
Engineering Firm, and that he attests to the veracity of the information
contained in the application; and
b.
a technical report issued by the
outgoing Engineering Firm indicating the current stage of the Construction
Works and the extent to which such works conform to the building permit, the
approved plans, and the technical and engineering standards adopted by the DM.
2.
The
replacement
Engineering Firm must endorse the technical report referred to in sub-paragraph
(1)(b) of this Article.
3.
The
replacement Engineering Firm must be licensed to practise
the Profession in the Emirate, and its classification must not be lower than that
of the building it is assigned to supervise.
4.
Where the procedures and
requirements stipulated in this Article are fulfilled, the Competent Department
will collect the prescribed fees and issue a new building permit in the name of
the replacement Engineering Firm.
5.
The replacement Engineering Firm may
not commence its duties without first obtaining the new building permit
referred to in paragraph (4) of this Article.
In case of a non-consented replacement
of an Engineering Firm after the issuance of the building permit, the following
procedures
and requirements apply:
1.
An
application for replacement of the Engineering Firm will be submitted to the
Competent Department. This application must be signed by the legal
representative of the replacement Engineering Firm, and must be supported by
the following documents:
a.
a
declaration by the Owner stating that he approves the replacement of the outgoing
Engineering Firm, that he has appointed a replacement
Engineering Firm, and that he attests to the veracity of the information
contained in the application; and
b.
a
technical report issued by the replacement Engineering Firm indicating the
current stage of the project’s Construction Works and specifying the
extent to which such works conform to the building permit, the approved plans,
and the technical and engineering standards adopted by the DM.
2.
The
replacement
Engineering Firm must be licensed to practise the Profession in the Emirate,
and its classification must not be lower than that of the building it is
assigned to supervise.
3.
The
Competent
Department will notify the outgoing Engineering Firm of the replacement
application and require it to provide its feedback on the application; and to
submit a technical report indicating the current stage of the
Construction
Works and the reasons for its non-consent to the replacement application, and
whether the completed works, as at the date of submission of the replacement
application, conform to the building permit and the approved plans. The
outgoing Engineering Firm must provide its response and submit the requested
technical report within the time limit prescribed by the Competent Department based
on the scope, type, and current stage of the Construction Works. In any event, this
time limit must not exceed five (5) working days from the date on which the
outgoing Engineering Firm is notified of the replacement application.
4.
Where
it is established to the satisfaction of the Competent
Department that the dispute between the Owner and the outgoing Engineering Firm
is due to financial or contractual issues, or where the outgoing Engineering
Firm fails to provide its response to the application or submit the technical
report within the time limit prescribed by paragraph (3) of this Article, the
Competent Department will notify the outgoing Engineering Firm of its approval
of the replacement and will grant it a grace period, determined based on the scope,
type, and current stage of the Construction Works, to hand over the
Construction Works site to the Owner and the replacement Engineering Firm. This
grace period must not exceed fifteen (15) days from the date of notification.
The Competent Department will also inform the outgoing Engineering Firm that a new
building permit will be issued in the name of the replacement Engineering Firm
immediately upon the expiry of the said grace period.
5.
Notwithstanding
the provisions of paragraph (4) of this Article, where it is established to the
Competent Department
that the dispute between the Owner and the outgoing Engineering Firm is due to
technical or engineering issues, the Competent Department will, upon
verification of these issues and in light of the solutions it deems most appropriate
on a case-by-case basis, approve or reject the replacement application.
6.
Where
the procedures and requirements stipulated in this Article are fulfilled, the
Competent Department will collect the prescribed fees and issue the new
building permit in the name of the replacement Engineering Firm.
7.
The
replacement
Engineering Firm may not commence its duties without first obtaining the new
building permit referred to in paragraph (6) of this Article.
The procedures and
requirements stipulated in Articles (3) and (4) of this Resolution will apply
to applications for replacement of Engineering
Firms submitted prior to the issuance of building permits. In this case, the
submission of the technical report or the granting of the grace period to hand
over the Construction Works site to the Owner and the replacement Engineering
Firm, as prescribed under paragraph (4) of Article (4) of this Resolution, do not
apply.
In case of a consented replacement of a
Contractor, the following procedures and requirements apply:
1.
An
application for replacement of the Contractor will be
submitted to the Competent Department. This application must be signed by the
legal representatives of the Engineering Firm, the outgoing Contractor, and the
replacement Contractor; and must be supported by the following documents:
a.
a
declaration by the Owner stating that he approves the replacement of the
Contractor, that he has appointed the replacement Contractor, and that
he attests to the veracity of the information contained in the application; and
b.
a
technical report issued by the Engineering Firm indicating the current stage of
the Construction
Works and the extent to which such works conform to the building permit, the
approved plans, and the technical and engineering standards adopted by the DM.
2.
The
replacement
Contractor must endorse the technical report referred to in sub-paragraph
(1)(b) of this Article.
3.
The
replacement
Contractor must be licensed to practise the Profession in the Emirate, and his
classification must not be lower than that of the building in which he is to carry
out the Construction Works.
4.
Where
the procedures and requirements stipulated in this Article are fulfilled, the
Competent Department will approve the application for replacement of the
Contractor and will issue the new building permit in the name of the
replacement Contractor upon collecting the prescribed fees and the submission
by the replacement Contractor of the Insurance Policy required under the
above-mentioned Executive Council Resolution No. (28) of 2022.
5.
The
replacement
Contractor may not commence Construction Works without first obtaining the new
building permit referred to in paragraph (4) of this Article.
In case of a non-consented replacement of a
Contractor, the following procedures and requirements apply:
1.
An
application
for replacement of the Contractor will be submitted to the Competent
Department. This application must be signed by the legal representatives of the
Engineering Firm and the replacement Contractor, and must be supported by the
following documents:
a.
a
declaration by the Owner stating that he approves the replacement of the
Contractor, that he has appointed the replacement Contractor, and that
he attests to the veracity of the information contained in the application;
b.
a
clear and specific statement of the reasons for
replacement of the Contractor; and
c.
a
technical
report issued by the Engineering Firm indicating the current stage of the Construction
Works and the extent to which such works conform to the building permit, the
approved plans, and the technical and engineering standards adopted by the DM.
2.
The
replacement Contractor must endorse the technical report referred to in sub-paragraph
(1)(c) of this Article.
3.
The
replacement
Contractor must be licensed to practise the Profession in the Emirate, and his
classification must not be lower than that of the building in which he is to carry
out the Construction Works.
4.
The
Competent
Department will notify the outgoing Contractor of the replacement application
and require it to provide his feedback on the replacement application and to
state his reasons for non-consent to being replaced, within the time limit
prescribed by the Competent Department based on the scope, type, and current
stage of the Construction Works. In any event, the time limit must not exceed
five (5) working days from the date on which the Contractor is notified of the
replacement application.
5.
Where
it
is established to the satisfaction of the Competent Department that the dispute
between the Owner and the outgoing Contractor is due to financial or
contractual issues, or where the outgoing Contractor fails to respond to the
application within the time limit prescribed by paragraph (4) of this Article,
the Competent Department will notify the outgoing Contractor of its approval of
the replacement application and will grant him a grace period, determined based
on the scope, type, and current stage of the Construction Works, to vacate and
hand over the Construction Works site to the replacement Contractor. The grace
period must not exceed thirty (30) days from the date of notification. The
Competent Department will also notify the outgoing Contractor that a new
building permit will be issued in the name of the replacement Contractor
immediately upon the expiry of the grace period.
6.
Notwithstanding the provisions of paragraph
(5) of this Article, where it is established to the Competent Department that
the dispute between the Owner and the outgoing Contractor is due to technical
or engineering issues, the Competent Department may, upon verification of these
issues and in light of the solutions it deems most appropriate on a
case-by-case basis, approve or reject the replacement application.
7.
Where the procedures and requirements stipulated
in this Article are fulfilled, the Competent Department will issue the building
permit in the name of the replacement Contractor upon collecting the prescribed
fees and upon submission by the replacement Contractor of the Insurance Policy
required under the above-mentioned Executive Council Resolution No. (28) of
2022.
8.
The
replacement
Contractor may not commence Construction Works without first obtaining the new
building permit referred to in paragraph (7) of this Article.
In case of a non-consented replacement of
both the Engineering Firm and Contractor after the issuance of the building
permit, the procedures and requirements stipulated in Articles (4) and (7) of
this Resolution apply, subject to the following:
1.
An
application for replacement of the Engineering Firm and Contractor will be
submitted to the Competent Department. This application must be signed by the legal
representatives of the replacement Engineering Firm and the replacement
Contractor.
2.
A
technical report must be submitted by the replacement
Engineering Firm indicating the current stage of the Construction Works and the
extent to which such works conform to the building permit, the approved plans,
and the technical and engineering standards adopted by the DM.
3.
The
new building
permit will be issued in the name of the replacement Contractor only upon
finalising the procedures for the replacement of the Engineering Firm.
Where the Engineering Firm and the Contractor
consent to the issuance of the Completion Certificate, the following procedures
apply:
1.
The
Contractor will submit an application for issuance of the Completion
Certificate to the Competent Department. This application must be signed by the
Contractor and must state the Engineering Firm’s consent to the issuance of the
certificate.
2.
The
Competent Department will inspect the building to verify that Construction
Works have been performed in conformity with the building permit
and the approved plans, and that the conditions and requirements of the
concerned Government Entities have been satisfied.
3.
Where
the procedures stipulated in this Article are complied with, and upon verifying
that all conditions and requirements of the concerned Government Entities
are satisfied, the Competent Department will issue the Owner with a Completion
Certificate after collecting the prescribed fees.
Where the Engineering Firm and the Contractor do not
consent to the issuance of the Completion Certificate, the following procedures
apply:
1.
An
application for the issuance of the Completion Certificate will be submitted to
the Competent Department. This application must be signed by
the Owner, and must state that the Engineering Firm and the Contractor do not
consent to the issuance of the Completion Certificate and the reasons for
non-consent.
2.
The
Competent Department will notify the Contractor and Engineering Firm of the
application submitted by the Owner, requesting them to provide
the reasons for their non-consent to the issuance of the Completion Certificate.
In addition, the Competent Department will require the Engineering Firm to submit
a technical report indicating the current stage of the Construction Works, whether
the building is fit for occupancy, and the extent to which the Construction Works
conform to the building permit, the approved plans, and the technical and
engineering standards adopted by the DM. The Engineering Firm must submit the
required technical report and must, together with the Contractor, provide a
response to the application, within seven (7) working days from the date of
notification. The Competent Department must inform the Engineering Firm and the
Contractor that if they fail to respond to the application or where it is
established that their non-consent is due to financial or contractual issues with
the Owner, the DM will proceed with issuing the Completion Certificate
immediately upon the expiry of the said time limit.
3.
Where
the Engineering Firm and the Contractor fail to respond to the application or
where the Engineering Firm fails to provide the technical report within the
time limit prescribed by paragraph (2) of this Article, the Competent
Department may, where required, request the Owner to submit a technical report
issued by an approved engineering consultancy certifying that the building is fit
for use and occupancy.
4.
Where
it is established to the Competent Department that the non-consent of the
Engineering Firm or Contractor to the issuance of the Completion
Certificate is due to technical or engineering issues, the Competent Department
will, upon verification of these issues and in light of the solutions it deems most
appropriate on a case-by-case basis, approve or reject the application for
issuing the Completion Certificate.
5.
Where the procedures stipulated in this
Article are complied with, and upon verifying that all conditions and requirements of the concerned Government
Entities are satisfied, the Competent Department will issue the Owner with a
Completion Certificate after collecting the prescribed fees.
Where the Engineering Firm does not consent to the issuance
of the Completion Certificate, the following procedures apply:
1.
An
application for issuance of the Completion Certificate will be submitted to the
Competent Department. This application must be signed by the legal
representative of the Contractor and must be supported by the following documents:
a.
a
declaration by the Owner stating that he authorises the Contractor to submit
the Completion Certificate issuance application without the
consent of the Engineering Firm, and that he attests to the veracity of the
information contained in the application; and
b.
a
statement of the reasons for the Engineering Firm’s non-consent
to the issuance of the Completion Certificate.
2.
The
Competent Department will notify the Engineering Firm of the application
submitted by the Contractor and will require it to provide its reasons for
non-consent to the issuance of the Completion Certificate, and to submit a
technical report indicating the stage of completion of the Construction Works, whether
the building is fit for occupancy, and the extent to which such works conform
to the building permit, the approved plans, and the technical and engineering
standards adopted by the DM. The Engineering Firm must submit the technical
report within seven (7) working days from the date of notification. The
Competent Department must inform the Engineering Firm that if it fails to submit
the required technical report, or if it is established that its non-consent is
due to financial or contractual issues with the Owner, the DM will proceed with
issuing the Completion Certificate immediately upon the expiry of the said deadline.
3.
Where
the Engineering Firm fails to provide its response to the notification or to
submit the technical report within the deadline prescribed by
paragraph (2) of this Article, the Competent Department may, where required,
request the Owner to submit a technical report issued by an approved
engineering consultancy certifying that the building is fit for use and
occupancy.
4.
Where
it is established to the Competent Department that the non-consent of the
Engineering Firm to the issuance of the Completion Certificate is due to
technical or engineering issues, the Competent Department may, upon verification of
these issues and in light of the solutions it deems most appropriate on a
case-by-case basis, approve or reject the application for issuing the
Completion Certificate.
5.
Where
the procedures stipulated in this Article are complied with, and upon verifying
that all conditions and requirements of the concerned Government Entities
are met, the Competent Department will issue the Owner with a Completion
Certificate after collecting the prescribed fees.
Where the Contractor does not consent to the issuance of
the Completion Certificate, the following procedures apply:
1.
An
application
for issuance of the Completion Certificate will be submitted to the Competent
Department. This application must be signed by the Owner and the legal
representative of the Engineering Firm, and must be supported by the following
documents:
a.
a
declaration by the Owner stating that he authorises the Engineering Firm to
submit the Completion Certificate issuance application without the consent of
the Contractor, and that he attests to the veracity of the information
contained in the application; and
b.
a
statement of the reasons for the Contractor's non-consent to the issuance of
the Completion Certificate, supported by a technical report submitted by the
Engineering Firm, indicating the stage of completion of the Construction Works,
whether the building is fit for occupancy, and the extent to which the
Construction Works conform to the building permit, the approved plans, and the
technical and engineering standards adopted by the DM.
2.
The
Competent Department will notify the Contractor of the application submitted by
the Engineering Firm and will require it to provide the reasons for its non-consent
to the issuance of the Completion Certificate within seven (7) working days
from the date of notification. The Competent Department will inform the
Contractor that if he fails to provide its response or if it is established
that its non-consent is due to financial or contractual
issues with the Owner, the DM will proceed with issuing the Completion
Certificate immediately upon the expiry of the said deadline.
3.
Where
it is established to the Competent Department that the Contractor’s non-consent
to the issuance of the Completion Certificate is due to
technical or engineering issues, the Competent Department may, upon
verification of these issues and in light of the solutions it deems most appropriate
on a case-by-case basis, approve or reject the application for issuing the
Completion Certificate.
4.
Where
the procedures stipulated in this Article are complied with, and upon verifying
that all conditions and requirements of the concerned Government Entities
are met, the Competent Department will issue the Owner with the Completion
Certificate after collecting the prescribed fees.
5.
An
Owner will act in place of the Engineering Firm in following the procedures
stipulated in this Article for building permits that do not require the
appointment of an Engineering Firm.
An Owner may submit an application for
the replacement of a Contractor or consultant, and for the issuance of a
Completion Certificate, subject to the procedures prescribed by this
Resolution.
The Director of the Competent
Department will issue the instructions required for the implementation of this
Resolution and the procedures for the submission of applications prescribed hereunder.
Where a Contractor or an Engineering
Firm fails to comply with any of the provisions of this Resolution, the
Competent Department may impose one or more of the administrative penalties
stipulated in the above-mentioned Local Order No. (3) of 1999, the resolutions
issued in pursuance thereof, and other applicable legislation in force in the
Emirate.
The above-mentioned Administrative
Resolution No. (10) of 2019 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.
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 6 August 2024
Corresponding
to 2 Safar 1446 A.H.
©2025 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.