REALWorld Law

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Legislation

Dubai Law No. 16/2023 on Urban Planning in the Emirate of Dubai (Planning Law) was issued on 7 July 2023 and came into force on 5 October 2023. The Planning Law establishes a system of statutory plans, including:

• The Dubai Urban Plan 2040 as the primary structure plan, which sets out planning policy at a strategic level. The Planning Law places the Dubai Urban Plan 2040 on a statutory footing, as opposed to the policy driven requirements of the Dubai Urban Development Framework 2008 and Dubai 2020.
• Subsidiary framework plans, to be prepared by Dubai Municipality or other relevant authorities to implement the principles of the structure plan in relation to a particular geographical area, topic or sector.

Under the Planning Law, development work in the Emirate may only be carried out following the grant of a master plan permit, planning permit or general planning permit. It is an offense under the Planning Law for any “development work” to be undertaken in the absence of a permit.

Governance System

• Supreme Committee. Executive Council Resolution No. (18) of 2021 formed the Supreme Committee for Urban Planning which includes committee members representing DEWA, Dubai Municipality, Ports, Customs and Free Zone Corporation, Dubai Land Department, Dubai Development Authority, Dubai Supreme Council of Energy and the Road Transport Authority. The Supreme Committee is responsible for matters including:
  • planning policy;
  • the approval of the structure plan and framework plans before approval by the Executive Council;
  • the supervision of the implementation of the structure plan, including ensuring that plans of government agencies are in line with the structure plan;
  • the monitoring of the performance of the structure plan;
  • the approval of major urban projects;
  • proposing new policies and legislation;
  • the co-ordination of authorities; and
  • dispute resolution, including the ability to refer disputes to the Executive Council.
• Dubai Municipality. The Planning Law confirms that Dubai Municipality is responsible for the regulation of urban planning, including the following matters:
  • the preparation of the structure plan and framework plans;
  • ensuring that framework plans comply with the structure plan before submission to the Committee;
  • monitoring to ensure that development accords with the structure plan and framework plans;
  • reviewing master plan permit and planning permit applications to ensure compatibility with the structure plan and framework plans;
  • issuing permits;
  • preparing regulations, circulars and guidelines;
  • enforcement;
  • maintaining the geospatial database; and
  • environmental and heritage matters.
• The Law refers to the “concerned entities”, which are assigned the following roles:
  • co-ordination with Dubai Municipality in respect of the structure plan preparation;
  • preparation of framework plans; and
  • monitoring.
• Authorities with an existing planning mandate, such as free zone authorities are assigned the following roles:
  • submission of permit applications to Dubai Municipality to ensure compliance with the structure plan and framework plans;
  • issuing master plan permits and planning permits; and
  • provision of data to Dubai Municipality.
• The Planning Law confirms that Dubai Aviation City is required to take account of the structure plan but otherwise isn’t required to submit permits to Dubai Municipality in the same way as other free zone authorities.

Last modified 1 May 2025

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

The Planning Law imposes a prohibition on “development work” in the absence of a permit.

There are three types of permit, as listed below:

• master plan permit, to be applied for where there is no existing master plan permit in respect of the application site;
• planning permit, to be applied for where there is an existing master plan permit in respect of the application site; and
• general planning permit, to be issued by Dubai Municipality to provide a deemed grant of consent in relation to an area and / or type of development.

The Planning Law confirms that additional requirements may be imposed on permits by Dubai Municipality, which could take the form of conditions, and that EIA will apply in accordance with existing legislation, with Dubai Municipality as the relevant authority.

In addition to the concept of a general planning permit, as referred to above, the Planning Law envisages that decisions in respect of “major urban projects” may be issued by the Supreme Committee for Urban Planning. Further details are awaited as to the threshold for development to be considered a major urban project.

Last modified 1 May 2025

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

Yes, as for ‘Controls on specific new construction and refurbishment’, above.

Last modified 1 May 2025

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

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. There is also the potential for “development work” to encompass changes of use, although the term isn’t expressly defined in the Planning Law. Further details may follow in secondary legislation.

Last modified 1 May 2025

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

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, subject to the oversight of the Supreme Committee for Urban Planning.

If the plot of land is located in a free zone, then the relevant free zone authority may impose additional specific requirements regarding the parcel of land, on top of the Dubai Municipality requirements. In such a scenario, the free zone authority is required to submit permit applications to Dubai Municipality to ensure compliance with the structure plan and framework plans.

Last modified 1 May 2025

Does public law control whether a landowner may construct a new building or refurbish an existing building on its land?

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 1 May 2025