Administrative
Resolution No. (273) of 2025
Issuing the
Implementing Bylaw
of Executive Council Resolution No. (54) of 2021
Regulating
Works in the Right of
Way in the Emirate of Dubai[1]
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After
perusal of:
Law No. (17) of 2005
Establishing the Roads and Transport Authority and its amendments;
Law No. (1) of 2016
Concerning the Financial Regulations of the Government of Dubai, its
Implementing Bylaw, and their amendments;
Law No. (4) of 2021
Regulating Roads in the Emirate of Dubai;
Administrative
Resolution No. (173) of 2007 Issuing the Implementing Bylaw of Regulation No.
(1) of 2006 Concerning Occupancy of Pavements and Areas Surrounding Buildings
and Commercial Establishments in the Emirate of Dubai; and
Administrative Resolution No. (67) of 2010 Issuing the
Implementing Bylaw of Regulation No. (4) of 2009 Regulating Works in the Right
of Way 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. |
|
Executive Council Resolution: |
Executive
Council Resolution No. (54) of 2021 Regulating Works in the Right of Way in
the Emirate of Dubai. |
|
RTA: |
The
Roads and Transport Authority. |
|
DM: |
The
Dubai Municipality. |
|
Government
Entity: |
Any
of the ministries or federal government agencies and corporations, Government
departments, public agencies or corporations, authorities, councils, or
similar entities affiliated to the Government. |
|
Director
General: |
The
Director General and Chairman of the Board of Executive Directors of the RTA. |
|
TRA: |
The
Traffic and Roads Agency of the RTA. |
|
Competent
Entity: |
Any
Government Entity assigned, as part of its legally mandated functions, to
perform a regulatory role within the Right of Way. |
|
Public Road: |
Any public way in the Emirate on which traffic
movement is allowed and which is supervised by the RTA. This includes main Roads,
side Roads, and alleyways/streets; public squares; bridges; tunnels;
interchanges; Road median strips; public car parks; Pavements; pedestrian
crossings; and other Operational Facilities of Roads. |
|
Right
of Way: |
A
Public Road and the area extending from the edges of that Public Road to the
boundaries of adjacent land plots, as demarcated on the plans approved by the
DM. |
|
Right of Way Airspace: |
The
airspace above a Right of Way. |
|
Protection
Zone: |
The
area surrounding certain parts of a Right of Way as determined pursuant to
the relevant resolution issued by the Director General, in coordination with
the Competent Entity, to protect the RTA Assets and the RTA vital facilities. |
|
Works in the Right of Way: |
Constructing
Utility Lines within a Right of Way or Right of Way Airspace; implementing Traffic
Diversions; travelling on or entering the Right of Way during prohibited
times using a special Vehicle; or carrying out any other works or occupancy
activities that require construction or excavation works, as determined by
the relevant resolution of the Director General. |
|
Pavement: |
The
area extending from the edge of a Road, as demarcated in the plans approved
by the RTA, to the boundaries of adjacent land plots, as demarcated in the
plans approved by the DM, which is designated for the movement of
pedestrians, laying of Utility Lines, landscaping, future Public Road expansions,
and other works. |
|
Pavement Occupancy: |
Performing any type of occupancy activities that may
affect or limit the use of a Pavement, as determined in this Resolution and
by any other resolution issued by the Director General. |
|
Utility
Lines: |
Water
pipelines; electricity and telecommunication cables; sewerage, irrigation,
and rainwater drainage networks; street lighting networks; digital
information networks; Alternative Utility Lines; and other public or private utility service lines. |
|
Alternative Utility Lines: |
Any
ducts laid down by the RTA underneath a Right of Way for future use; and any
cables, pipelines, and hoses required for the implementation of any project
adjacent to the Right of Way. This includes conduits. |
|
RTA
Assets: |
This
includes, without limitation, RTA facilities and Utility Lines; Alternative
Utility Lines; and Operational Facilities of Roads, namely lamp posts,
traffic lights, information signs, illuminated signboards, barriers, fences,
speed bumps, and smart systems installed within, or designated for, a Right
of Way. |
|
Traffic
Diversion: |
A
temporary redirection of traffic flow on a Road to an alternative route,
whether on the same Road or an alternative Road. |
|
No-objection
Certificate: |
A
document issued by the TRA, through the System, temporarily authorising a
Person to carry out excavation works or permanent construction works, or to
lay down Utility Lines within a Right of Way or a Protection Zone. |
|
Permit: |
A
document issued by the TRA temporarily authorising a Person to occupy a
Pavement; to travel on or enter a Right of Way during prohibited times using
a special Vehicle; to implement a Traffic Diversion within a Right of Way; or
to carry out any works that are not stated in the No-objection Certificate,
as per the relevant instructions of the Director General. |
|
Authorised
Person: |
A
Person to whom a Permit or a No-objection Certificate is issued. |
|
Pre-qualification
Certificate: |
A
document issued by the TRA authorising a Contractor or a Consultant, as the
case may be, licensed to operate in the Emirate, to design, implement, or
supervise works within a Right of Way, in accordance with the relevant
requirements and standards adopted by the TRA. |
|
Clearance
Certificate: |
A
document issued by the TRA to an Authorised Person confirming that he has
completed all the works he is permitted to carry out, in accordance with the
conditions and procedures adopted by the RTA and the Competent Entities in
this regard. |
|
Contractor: |
A
Person licensed to practise the contracting profession in accordance with the
legislation in force in the Emirate, and authorised by the RTA to carry out
Works in the Right of Way. |
|
Consultant: |
A
Person licensed to practise the engineering consultancy profession in
accordance with the legislation in force in the Emirate, and authorised by
the RTA to provide engineering or technical consultancy in respect of Works
in the Right of Way. |
|
Blacklist: |
A
register maintained by the RTA for recording the names of Authorised Persons
who accumulate more than thirty (30) black points for violating the
provisions of the Executive Council Resolution, this Resolution, or the
resolutions issued in pursuance of either of them. |
|
Person: |
A
natural or legal person. |
|
Longitudinal Road Profile: |
A
diagram of both sides of the Road showing the proposed levels compared to
natural levels of land in the same area. |
|
Right
of Way Standard Cross Section: |
A
diagram of all cross section elements of a Right of Way and infrastructure
utility corridors, intended to determine and present those elements and their
distribution within the Right of Way. |
|
Temporary Reinstatement for
Cuttings: |
Reinstatement
of the asphalt Pavement layers carried out in accordance with the technical
specifications and requirements of the Competent Entities. |
|
Permanent Reinstatement for
Cuttings: |
Reinstatement
of all asphalt cuts, tiles, landscaping, or any other permanent reinstatement
works carried out in accordance with the technical specifications and
requirements prescribed by the Competent Entity. |
|
System: |
The
electronic system for issuing No-objection Certificates in the Emirate. |
|
Permit Issuance System: |
The
electronic system adopted by the RTA for issuing Permits. |
1. excavation works;
2. permanent construction works;
3. laying Utility Lines; and
4. any other works determined by the TRA that may affect a Right of Way, Protection Zone, or Utility Lines.
b. When applying for
a No-objection Certificate to perform works in the vicinity of the RTA's Road facilities,
the boundaries of the critical and safe zones specified in the System must be
observed.
c. A No-objection
Certificate application must be submitted to the TRA through the System.
d. The TRA will issue
a No-objection Certificate after coordinating with the Competent Entities, as
the case may be, and verifying that all documents, forms, and data are accurate
and complete; that the designs, drawings, public safety requirements, and the execution
method are consistent with the applicable regulations and requirements for
issuing the requested No-objection Certificates; and that the prescribed fee
has been paid.
f. The TRA may revoke
or amend the No-objection Certificate, where any of the following is
established to be true:
1.
a negative impact
on the planning systems adopted by the RTA or any of the Competent Entities;
2.
non-compliance with
public health and safety standards, and the relevant technical specifications
approved by the Competent Entities;
3.
a discrepancy
between the approved work plans and the works implemented on site, or
noncompliance with the relevant approved regulations and specifications;
4.
failure to adhere
to the approved plans or designated routes, as set out in the approvals issued
by the concerned service entities; or
5.
unjustified
cessation of authorised works or abandonment of the work site.
g. An Authorised Person may not object to the revocation or amendment of the
No-objection Certificate issued to him in any of the cases stipulated in
paragraph (f) of this Article. The TRA will, in coordination with the
Department of Finance, refund part of the fee paid by the Authorised Person,
pro rata to the remaining validity period of the No-objection Certificate.
With the exception of the
No-objection Certificates for building permits, a No-objection Certificate will
be valid for a maximum period of six (6) months. The validity period of a No-objection
Certificate will be determined by the relevant resolution of the Chief
Executive Officer of the TRA, and will be renewable for the same period. An
application for renewal must be submitted prior to the expiry of the
No-objection Certificate.
The
works and activities for which a Permit must be obtained are as follows:
1. temporary Pavement Occupancy using any of the following:
a. tables, chairs, and outdoor seating arrangements, as well as their
sunshades;
b.
vending machines, amusement and gaming equipment, or other similar devices;
c.
planters, farming
supplies, and seedlings displayed for sale outside of agricultural supplies
shops;
d.
commercial
promotional displays;
e.
temporary display
tables in front of restaurants; or
f.
any other type of Pavement
Occupancy as specified by the TRA.
2. implementing Traffic
Diversions;
3. movement of heavy
Vehicles during restricted times and in prohibited zones;
4. movement of overloaded
and oversized Vehicles;
5. movement of heavy
construction Vehicles;
6. works to create
access points to private off-street car parks;
7. submitting access
point design review request;
8. construction or
modification of Pavements;
9. works to create
temporary access points to construction sites;
10. occupancy of any
part of a Right of Way;
11. works for the
protection of underground water extraction pipelines;
12. installation of
Vehicle count devices;
13. installation of tents
for funeral services, weddings, or Ramadan iftar ;
14. Pavement height reduction
and marking of parking spaces outside of UAE nationals’ residential villas;
15. installation of
fences around project construction sites; or
16. any other works or
activities specified in the Permit Issuance System.
b. A Permit
application will be submitted to the TRA through the Permit Issuance System.
c. The TRA will issue
the Permit after coordinating with the Competent Entities, as the case may be;
and verifying that all documents, forms, and data are valid and complete; that
the designs, plans, public safety requirements, and execution method are consistent
with the applicable regulations and requirements for issuing the requested Permit;
and that the prescribed fee has been paid upon approval of the application.
d. A Permit
application will be automatically cancelled in the Permit Issuance System if
the required documents and forms are not submitted; if the applicant fails to
respond to the comments of the TRA or the Competent Entity; or if the
prescribed Permit fee is not paid upon approval of the application. The
application will be automatically cancelled within fifteen (15) days from the
date of submitting the application or from the date of expiry of the deadline
for submitting the required documents, forms, and data.
e. The TRA may revoke
or amend a Permit, where any of the following is established to be true:
1. a negative impact on the planning systems;
2.
non-compliance with
public health and safety standards, or the relevant technical specifications
approved by the Competent Entities;
3.
a discrepancy
between the approved plans for works and activities and the works or activities
carried out on site, or non-compliance with the relevant approved regulations
and specifications;
4.
failure to adhere
to the approved plans and designated routes, as set out in the approvals issued
by the concerned service entities; or
5.
unjustified
cessation of authorised works or abandonment of the work site.
f. An Authorised
Person may not object to the revocation or amendment of the Permit issued to
him in any of the cases stipulated in paragraph (e) of this Article. The TRA
will, in coordination with the Department of Finance, refund part of the fee
paid by the Authorised Person, pro rata to the remaining period of validity of
the Permit.
a. A Permit will be
valid for a term of one (1) year, renewable for the same period. A renewal application
must be submitted prior to the expiry of the Permit.
b. The TRA may, at
the request of the applicant, issue a Permit with a validity term of less than
one (1) year for certain activities and works, as specified in the following
schedule:
|
Type of Work or Activity |
Permit Validity |
|
Occupancy involving the placement
of tables and outdoor seating arrangements, as well
as their sunshades |
Six (6) Months |
|
Displaying planters and farming
supplies in front of agricultural supplies shops |
One (1) Month |
|
Using Pavements for commercial
promotional displays |
One (1) Month |
|
Placing temporary tables in front
of restaurants |
One (1) Month |
a. To be issued with
a Pre-qualification Certificate, a Contractor or Consultant must:
1.
hold a valid trade
licence to operate in the Emirate;
2.
submit his résumé
and those of his employees, indicating their qualifications and experience;
3.
provide his
approved organisational structure;
4.
submit his project
portfolio and a list of his equipment and resources;
5.
provide his contact
details; and
6.
submit the
approvals of the Competent Entities overseeing his activities.
b. The procedures
approved for issuing No-objection Certificates will apply to the issuance of
Pre-qualification Certificates to Contractors and Consultants.
Traffic Diversion plans and
their implementation processes will be approved subject to the following
requirements:
2. submitting a
detailed design, drawn to an appropriate scale, illustrating the existing
conditions, the proposed Traffic Diversion works, the appropriate Traffic
Control Devices, and the safety measures, in accordance with the Work Zone
Traffic Management Manual approved in the Emirate.
a. An Authorised
Person will be issued with a Clearance Certificate subject to the following
requirements:
1.
submitting an
application for a Clearance Certificate to the TRA within a period not
exceeding thirty (30) days from the date of completion of the works specified
in the Permit;
2.
submitting a copy
of the No-objection Certificate issued by the Competent Entities to execute the
works;
3.
submitting a copy
of the snag list form issued by the Competent Entities;
4.
submitting a copy
of the shop drawings as per the standards approved by the TRA, together with a
copy of the as-built drawings approved by the Competent Entities, including
cross sections and longitudinal profiles, where required;
5.
submitting a copy
of soil test reports;
6.
submitting the
Clearance Certificates issued by the Competent Entities, where required;
7.
submitting a copy
of the clearance certificate issued by the Finance Department of the RTA, where
required;
8.
submitting a copy
of the elevation control point network plan illustrating the site before and
after the non-destructive road crossing works; and
9.
submitting the
required approvals for all completed works.
b. The procedures
approved for issuing No-objection Certificates will apply to the issuance of
Clearance Certificates.
The requirements and time
frames applicable to the Temporary and Permanent Reinstatement for Cuttings carried
out within the Right of Way or on the RTA Assets will be determined as follows:
1. Prior approval must
be obtained from the Competent Entities, where required.
2. Reinstatement
works must be carried out by a Contractor holding a Pre-qualification
Certificate.
3. The time frames
prescribed for reinstatement of cuttings, as set out in the approved policy of
the Road and Facilities Maintenance Department of the RTA, must be complied
with.
4. The proper
implementation of works in accordance with the detailed guidelines approved by
the RTA and the terms of the issued No-objection Certificates must be ensured.
5. While performing
asphalt Pavement layer cuttings works, the Authorised Person must not leave the
site before completing the Temporary Reinstatement of Cuttings.
6. The Authorised
Person must notify the TRA within one (1) working day from the date of
completion of the Temporary Reinstatement for Cuttings, to inspect the
completed works and verify their proper execution, in preparation for performing
the Permanent Reinstatement for Cuttings.
7. The Authorised Person
must conduct maintenance of the Temporary Reinstatement for Cuttings until the
Permanent Reinstatement of Cuttings is completed.
8. The Permanent
Reinstatement for Cuttings must be executed within a period not exceeding
thirty (30) days from the date of completion of the Temporary Reinstatement for
Cuttings, or as per the action plan approved by the TRA.
a. Manhole elevation levels
will be approved subject to submitting the following documents:
1.
a No-objection
Certificate;
2.
a Rights of Way demarcation
certificate approved by the DM;
3.
the survey control
points plan for the project issued by the DM;
4.
a plan showing the
Rights of Way, Utility Lines, services lines, protection zones, and the existing
site conditions;
5.
the Longitudinal
Road Profile including the following details:
i. the natural levels of land;
ii.
the proposed elevation
levels for the proposed design profile, in the event of an unconstructed road;
iii.
the levels of the
existing Road;
iv.
a detailed layout of
all Utility Lines and protection zones on the Longitudinal Road Profile, designed
based on the Standard Cross Section of the RTA;
v.
elevation
calculations must be made based on the cross slope shown in the Standard Cross
Section approved by the RTA;
vi.
detailed
calculations for the manhole structures, including the elevation levels of
their covers; and
vii.
photographs of the
site showing the required works.
b. The procedures
approved for issuing No-objection Certificates will apply to the approval of
manhole levels.
1.
sudden subsidence in
a Public Road that may compromise the safety of Road users;
2.
breakage of Utility
Lines;
3.
interruption or
failure of the utility services provided by the Competent Entities;
4.
carrying out repair
works on rainwater drainage systems and inlets during the rainy season, which
runs from 15 October to 30 April of each year; and
5.
any other emergency
cases as determined by the TRA in the System.
b. The criteria and
conditions applicable to the emergency cases referred to in paragraph (a) of
this Article will be outlined in the System for each case.
a. Approval by the
RTA for the use of a Right of Way or a Right of Way Airspace for commercial
purposes will be subject to the following conditions:
1.
obtaining the
necessary approvals from the Competent Entities, where required;
2.
engaging a
Contractor pre-qualified by the RTA to perform the relevant works;
3.
ensuring that the commercial
use of the Right of Way does not obstruct pedestrian movement, disrupt public
utility services provided by Government Entities, or adversely impact the flow
of traffic; and
4.
ensuring that the commercial
use of the Right of Way does not contravene the relevant planning conditions or
the public health and safety requirements and standards adopted by the
Competent Entities.
b. The use of the
Right of Way or the Right of Way Airspace for commercial purposes will be
regulated by a contract concluded between the RTA and the user party. This
contract must include the following stipulations:
1. the technical and operational requirements for the commercial use;
2.
the term of the
contract and its commencement date;
3.
the contract price,
terms of payment, advance payments, and all types of guarantees, if any;
4.
a provision
requiring the user party to provide an undertaking confirming liability for the
payment of compensation for any damage that may be caused to the Right of Way,
the Right of Way Airspace, the RTA Assets, or the assets of third parties;
5.
a provision authorising
the RTA to access the site used for commercial purposes and to have the site
vacated of all occupancy items upon the expiry or revocation of the contract;
and
6.
the terms governing
the revocation, termination, or amendment of the contract.
a. For the purposes
of implementing the provisions of the Executive Council Resolution and this
Resolution, the following technical manuals/guides of the RTA are hereby
approved:
1. Right-of-Way Utilities
Distribution Manual;
2. Dubai Access Management Manual;
3. Dubai Trip Generation and Parking Rates Manual;
4. Dubai Traffic Impact Studies Manual;
5. Geometric Design Manual for Dubai Roads;
6. Work Zone Traffic Management Manual;
7. Dubai Traffic Control Devices Manual;
8. Dubai Transport Integration Manual;
9. Roadside Design Guide for Dubai; and
10. Dubai Traffic Safety Audit Manual.
b. The technical
manuals/guides referred to in paragraph (a) of this Article will be published
on the RTA’s official website. These manuals/guides will be binding on
Authorised Persons, who must fully comply with them.
a. In the cases of
occupying Pavements or areas surrounding Buildings and Commercial Establishments
stated in sub-paragraph (1) of Article (5) of this Resolution, the RTA will
collect from an Authorised Person a refundable cash security deposit of ten
thousand dirhams (AED 10,000.00).
b. In other than the cases specified in paragraph (a) of this Article,
the RTA will collect from the Authorised Person a refundable cash security
deposit of ten percent (10%) of the project value. This deposit must not exceed
one million dirhams (AED 1,000,000.00).
c. The security deposits referred to in paragraphs (a) and (b) of this
Article will be subject to partial deduction or forfeiture in either of the
following cases:
1. failure to complete the authorised works in accordance with the prescribed specifications and time frames; or
2. failure to repair the damage sustained by the RTA Assets.
d. The security deposit referred to in this Article will be refunded to
an Authorised Person within forty-five (45) working days from the date of
submitting proof of the following:
1. expiry of the defects liability period in relation to the work area;
2. handing over the works and obtaining the Clearance Certificate from the TRA after expiry of the maintenance period; and
3. fulfilling all conditions stipulated in the No-objection Certificate or Permit.
e. An Authorised Person will not be exempt from paying any additional costs incurred in repairing any damage sustained by the RTA Assets where the cost of such repairs exceeds the amount of the security deposit collected in accordance with the provisions of this Article.
a. Black points
recorded against an Authorised Person will be calculated based on the value of
the fines imposed on him, at the rate of one (1) black point for every ten
thousand dirhams (AED 10,000.00). The Authorised Person will be placed on the
Blacklist upon accumulating thirty (30) black points.
b. One (1) black
point will be removed from an Authorised Person’s record, whether or not he is placed
on the Blacklist, for each month during which he does not commit any
violations. Where the Authorised Person commits no violations within a period
of one (1) year from the date of his last recorded violation, all black points
will be removed from his record.
c. The TRA may, upon
the request of an Authorised Person, remove black points in return for the
payment of thirty thousand dirhams (AED 30,000.00) per black point, subject to
the following conditions:
1.
The Authorised
Person must not be on the Blacklist.
d. Notwithstanding the provisions of paragraph (a) of this Article,
where an Authorised Person commits more than one (1) violation within the same
project, the following measures may be taken against him:
1. An initial warning will be issued to the Authorised Person when he
accumulates thirty (30) black points within the same project.
2. A second and final warning will be issued to the Authorised Person when thirty (30) black points are accumulated for the second time within the same project.
3. The Authorised Person will be placed on the Blacklist if he commits a third violation within the same project, and his total black points reach or exceed thirty (30).
The above-mentioned
Administrative Resolution No. (173) of 2007 and Administrative Resolution No.
(67) of 2010 are 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.
Mattar
Al Tayer
Director General and Chairman of the Board of
Executive Directors
Roads and Transport Authority
Issued in Dubai on 10 March 2025
Corresponding to 10 Ramadan 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.