REALWorld Law

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

In the Emirate of Dubai, legislation and guidelines in English or Arabic in relation to the process and procedures of obtaining planning and zoning permission are generally very fragmented, and the reality is that for most of Dubai, Dubai Municipality has planning and zoning authority. For free zones throughout Dubai, Dubai Development Authority, Trakhees and TECOM have some planning and zoning authority for their respective areas.

As the process is not clearly stated in legislation, much of the process is based on practice and custom. Set out below is the general process that applied across Dubai including Trakhees and TECOM.

An owner or developer obtains an 'affection plan' from Dubai Municipality. The affection plan is a high level general site plan that is issued with basic information containing the plot number, the land use classification and any other particular zoning requirements that are required by Dubai Municipality.

The plan will state:

• the height allowance;
• the usage;
• any setback requirements; and
• whether parking must be included.

In addition the affection plan will state what permissions from the particular government authorities or third parties will need to be obtained prior to approval. There are no general rules regarding the requisite authorisations as each affection plan is issued on a plot by plot basis. Depending on the location of the plot, there may be additional approvals that will need to be obtained.

The general approvals that are required are:

• Dubai Electricity and Water Authority;
• Civil Defence;
• Etisalat;
• the master developer (if applicable);
• the Environmental Department of Dubai Municipality; and
• any other authorities or agencies that are listed on the affection plan.

The affection plan may also state whether environmental impact studies are required and whether there are any aesthetic requirements that must be complied with.

Last modified 3 Apr 2023

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Once the affection plan and approvals are obtained, a building permit is required from Dubai Municipality, Trakhees or TECOM, before carrying out any new builds, significant alterations or change of use. In relation to new buildings, the affection plan states the usage of any plot of land in Dubai. Once this has been obtained and the required approvals have been granted, a building permit will be issued. If there are significant alternations to a building or a total change in use, permissions must be obtained from the relevant authorities.

As part of the review process for the issue of building or work permits, other statutory authorities (telephone, civil defence, road transport, electricity, water, and sewerage) are all required to provide approvals for the scheme. When the work is completed, a completion certificate must be obtained from the relevant authority. This certificate is based on a comparison of the drawings originally submitted to obtain the building permit (and any subsequent, approved revisions) and the actual structure which has been built.

As part of this process, the approval of other statutory authorities (telephone, civil defence etc) is required to demonstrate compliance of what has been built with the original approvals. Without a completion certificate, use and occupation of the building by end users is not permitted.

Last modified 3 Apr 2023

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Dubai Administrative Resolution No. 125 of 2001 (as amended by Dubai Administrative Decision No. 37/2021) concerning the adoption of Building Regulations and Standards provides the public law control both for the technical aspects of the detailed design, as well as the restrictions for aesthetic and heritage areas.

Numerous technical guidelines and circulars issued by Dubai Municipality, Trakhees and TECOM also regulate the detailed design. These need to be examined on a case by case basis to ensure that the detailed design is compliant with the relevant regulations for the area where the building is being constructed.

Last modified 3 Apr 2023

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

Yes. The restrictions that are applied to designated use are found on the plot's affection plan. The affection plan is a high level general site plan which outlines what can be built on the plot of land, it height, designated use and any other requirements.

UAE nationals are entitled to buy and sell land allocated to them, provided the purpose of the allocation is not changed.

Last modified 3 Apr 2023

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

The UAE adopts a two tiered federal system of government, whereby legislation is enacted at the federal level and local Emirate level. There are seven Emirates, of which Dubai is one and within Dubai the applicable law is a combination of federal law, together with the laws of Dubai. If there is a conflict between Emirate and federal law, the federal law shall prevail.

In relation to the Emirate of Dubai, the main authority responsible for regulating the development and designated use of land is Dubai Municipality. Dubai Municipality issue the affection plans which outline the planning and zoning designated for each parcel of land. In addition to the affection plan, additional authorisations then have the responsibility of approving a development/building on the specific plot.

If the plot of land is located in a free zone, specifically JAFZA or TECOM, then Trakhees or TECOM may have additional specific requirements regarding the parcel of land, on top of the Dubai Municipality requirements.

Last modified 3 Apr 2023

In outline, what legislative and governmental controls apply to strategic planning/zoning across regions and in localities?

An owner or developer obtains an 'affection plan' from Dubai Municipality. The affection plan is a high level general site plan that is issued with basic information containing the plot number, the land use classification and any other particular zoning requirements that are required by Dubai Municipality.

The plan will state:

• the height allowance;
• usage;
• any setback requirements; and
• whether parking must be included.

In addition, the affection plan will state what permissions from the particular government authorities or third parties will need to be obtained prior to approval. There are no general rules regarding the requisite authorisations as each affection plan is issued on a plot by plot basis. Depending on the location of the plot, there may be additional approvals that will need to be obtained.

The general approvals that are required are:

• Dubai Electricity and Water Authority;
• Civil Defence;
• Etisalat;
• The master developer (if applicable);
• the Environmental Department of Dubai Municipality; and
• any other authorities or agencies that are listed on the affection plan.

The affection plan may also state whether environmental impact studies are required and whether there are any aesthetic requirements that must be complied with.

As part of the review process for the issue of building or work permits, other statutory authorities (telephone, civil defence, road transport, electricity, water, and sewerage) are all required to provide approvals for the scheme.

Once completed, a completion certificate must be obtained from the relevant municipality, which is based on a comparison of the drawings originally submitted to obtain the building permit (and any subsequent, approved revisions) and the actual structure which has been built. Again, as part of this process, the approval of other statutory authorities (telephone, civil defence etc) is required to demonstrate compliance of what has been built with the original approvals. Without a completion certificate, use and occupation of the building by end users is not permitted.

Last modified 3 Apr 2023