How are restrictions on development and designated use enforced?
The Department of Municipal Affairs can order a contractor to stop work and in extreme cases, demolish unapproved structures. This is likely to be established during an inspection prior to the grant of a Municipal Completion Certificate (see Other relevant statutory permits for more information).
The Executive Council of Abu Dhabi published a resolution on 30 August 2012 (Ref: 1-42/841) enacting specified time limits for the validity of planning approvals issued by the Abu Dhabi Urban Planning Council (UPC) with retrospective effect.
As a result, all UPC approvals issued after 30 August 2012 are subject to specified time limits during which construction works must be commenced. The time limit depends on the type of project in question:
UPC approvals issued before the new law came into effect are also deemed retrospectively to be subject to these time limits. The clock starts running from 30 August 2012, meaning that approvals issued before this date will automatically expire on 30 August 2014 (in the case of Individual Projects) or 30 August 2015 (in the case of Master Plans).
If construction works are not commenced within the prescribed period, the UPC approval will automatically expire. Although developers will be entitled to re-apply, there is no guarantee that a new approval will be forthcoming from the UPC. Even if it is, such new approval may be granted on substantially different terms to the original approval, especially if the development plan for the area in question has changed in the interim. In any event, any new application will necessarily involve additional time and money cost.