Administrative Resolution No. (109) of 2022

Regulating the Licensing of Maintenance Works[1]

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The Director General of the Dubai Municipality,

After perusal of:

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

The Order of 1961 Establishing the Dubai Municipality;

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

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

Administrative Resolution No. (10) of 2019 Approving the Procedures for Replacing Engineering Firms and Contracting Companies and for Issuing Completion Certificates; and

The legislation regulating construction and planning works in force in the Emirate of Dubai,

Does hereby issue this Resolution.

Definitions

Article (1)

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.

DGCD:

The Directorate General of Civil Defence in the Emirate.

Building:

Any permanent or temporary building, regardless of its purpose, the method or system used in its construction or in the construction of its structural elements, or the materials used in its construction. This includes all the structural elements of the building, such as foundations, columns, walls, ceilings, cladding, utility lines, projections, fences, and any other relevant structural elements.

Maintenance Works:

This includes Basic Maintenance Works, Structural Maintenance Works, and Specialised Maintenance Works.

Basic Maintenance Works:

Works intended to preserve the Building by repairing any non-structural defects in it. These include, without limitation, interior and exterior painting works; replacement of floors, doors, and suspended ceilings; and maintenance of electrical works, sewerage and sanitary installations, air conditioners, fire-fighting systems, and sanitary pipe insulation works. Implementing Basic Maintenance Works does not require obtaining a Permit from the DM or a Certificate of Completion.

Structural Maintenance Works:

Works intended to repair structural defects that may compromise the durability, rather than the structural safety, of a Building. These include, without limitation, repairing cracks in the elements of the main structure of the Building or repairing defects in its external façades. Structural Maintenance Works require self-issued Permits and Certificates of Completion.

Specialised Maintenance Works:

Works intended to repair structural defects that may compromise the structural safety of Buildings. These include, without limitation, subsidence or cracks in ceilings, beams, or columns; fall of concrete cladding; substantial rust in reinforcing steel; modification of the elements of the main structure of the Building, including reinforcement, buttressing, or addition of other structural elements.

Permit:

A document issued by the DM authorising its holder to implement Structural Maintenance Works or Specialised Maintenance Works in accordance with the requirements and procedures stipulated in the above-mentioned Local Order No. (3) of 1999 and in this Resolution.

Certificate of Completion:

A document issued by the DM certifying that the Structural Maintenance Works or Specialised Maintenance Works of a Building have been completed in accordance with the relevant requirements and procedures adopted by the DM.

Dubai Building Permit System:

An electronic system adopted by the DM for the issuance of all types of Building Permits and Certificates of Completion, including Maintenance Works Permits and Certificates of Completion.

Basic Maintenance Works

Article (2)

In implementing Basic Maintenance Works, the following must be observed:

1.    Works must be implemented by a Contractor who is pre-qualified by the DM.

2.    Architectural or structural alterations that may compromise the safety of the Building, or any of its façades, may not be made.

3.    The planning and construction legislation applicable by the DM, inclusive of all the specifications and conditions stipulated therein, must be complied with.

4.    The public safety conditions and requirements commensurate with the volume of works must be complied with, as prescribed in this respect by the DM.

5.    The requirements and conditions adopted by the DGCD, or other Government Departments, must be complied with where such compliance is required, pursuant to the legislation of these entities, for performing the required Basic Maintenance Works.

6.    Colours that blend in with the surroundings and adjacent Buildings must be used, as authorised by the DM, when painting the exterior façades of the Building.

Structural Maintenance Works

Article (3)

a.    Issuing a Permit to implement Structural Maintenance Works will be subject to the following requirements:

1.    A consulting Engineer or Contractor pre-qualified by the DM must submit an application for a self-issued Permit through the Dubai Building Permit System.

2.    Photographs of all structural defects in the Building must be submitted, and the places of these defects must be specified.

3.    A proposed process for repairing the structural defects of the Building must be submitted together with the information relating to the materials that will be used in the process.

4.    The fees prescribed for issuing the Permit must be paid.

b.    Upon completion of the Structural Maintenance Works, the Certificate of Completion will be self-issued through the Dubai Building Permit System.

c.     In implementing Structural Maintenance Works, the following requirements must be met:

1.    Architectural or structural alterations that may compromise the safety of the Building may not be made.

2.    The planning and construction legislation applicable by the DM, inclusive of all the specifications and conditions stipulated therein, must be complied with.

3.    The public safety conditions and requirements commensurate with the volume of works must be complied with, as prescribed in this respect by the DM.

4.    The requirements and conditions adopted by the DGCD, or other public service departments, must be complied with where such compliance is required, pursuant to the legislation of these entities, for performing the required Structural Maintenance Works.

Specialised Maintenance Works

Article (4)

a.    Issuing a Permit to implement Specialised Maintenance Works will be subject to the following requirements:

1.    A consulting Engineer or Contractor pre-qualified by the DM must submit an application for the Permit through the Dubai Building Permit System.

2.    The drawings for the required Specialised Maintenance Works must be submitted to the DM for approval.

3.    Photographs of all structural defects in the Building must be submitted, and the places of these defects must be specified.

4.    The necessary laboratory tests for the concrete and reinforcing steel of the elements of the main structure of the Building must be conducted prior to implementing the Specialised Maintenance Works.

5.    A proposed process approved by the consulting Engineer for implementing the maintenance required for the Building based on the laboratory test results must be submitted together with all necessary structural information and calculations, as well as the specifications of the materials to be used in implementing the Specialised Maintenance Works, to ensure the structural integrity and durability of the Building throughout its lifetime.

6.    The fees prescribed for issuing the Permit must be paid.

b.    Upon completion of the Specialised Maintenance Works, the Certificate of Completion will be issued through the Dubai Building Permit System, subject to approval of these works by the DM.

c.     In implementing Specialised Maintenance Works, the following requirements must be met:

1.    The planning and construction legislation applicable by the DM, inclusive of all the specifications and conditions stipulated therein, must be complied with.

2.    The public safety conditions and requirements commensurate with the volume of works must be complied with, as prescribed in this respect by the DM.

3.    The requirements and conditions adopted by the DGCD, or other public service departments, must be complied with where such compliance is required, pursuant to the legislation of these entities, for performing the required Specialised Maintenance Works.

4.    The Specialised Maintenance Works must be implemented by a Contractor pre-qualified by the DM.

d.    Without prejudice to applicable liability provisions, and in accordance with the legislation in force in the Emirate, the consulting Engineer and the Contractor appointed to implement the Specialised Maintenance Works will be jointly liable for the authenticity of all the information provided to the DM, and for ensuring the safety of the implemented Specialised Maintenance Works and  their conformity with the plans and specifications submitted to the DM.

Control and Audit

Article (5)

The Engineering and Planning Sector of the DM will undertake control and audit of the Maintenance Works implemented in the Emirate to verify the compliance by appointed Contractors with the relevant technical specifications, requirements, and procedures prescribed by the legislation regulating planning and Construction Works in force in the Emirate, and by this Resolution; and to take the necessary action against violators.

Issuing Implementing Instructions

Article (6)

The Executive Director of the Engineering and Planning Sector of the DM will issue the instructions required for the implementation of the provisions of this Resolution.

Publication and Commencement

Article (7)

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 20 April 2022

Corresponding to 19 Ramadan 1443 A.H.

 



©2022 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.