REALWorld Law

Does public law control the detailed design, appearance and method of construction of any new building?

The DUPM has established a streamlined process to review development proposals, depending on the nature of the development.

This process in short includes a review which will be tailored to small, medium and large applications, comprising:

Step 1: The information meeting

The DUPM will hold an initial meeting as soon as a development site has been acquired, where the DUPM will explain plans and policies that will determine site development potential and outline the upcoming development review. It also helps set the parameters for supportable development and alerts the applicant to the documents/agencies that should be consulted.

Step 2: Preliminary development options

The applicant will then prepare site analysis (including elements such as transportation, habitat, climate and infrastructure) to prepare preliminary development options for the site. Two options for general land use and site layout must be provided.

The DUPM shall review this to check compliance with the Emirate’s urban planning policies (eg Capital 2030, land uses, densities and Estidama (an environmental concept/plan)).

The applicant and the DUPM select the preferred option and work together to prepare a complete concept review application.

Step 3: The concept plan

This application covers all of the systems-level components of a development consent. It will include site and massing plans, a comprehensive approach to open space and community facilities. The DUPM and up to twenty other review agencies evaluate the plan to check it complies with other plans and polices and agree on the seven key elements of the plan which include: land use; density; building form; site layout/design; services; strategies; and phasing.

Step 4: The detailed plan

Applicants with small and medium sized projects shall prepare and submit detailed site and building plans for review. This step also confirms that any conditions of approval have been met.

For large projects, this stage of the process is aimed at helping applicants translate concept masterplans into detailed regulations and guidelines.

For small and medium sized projects once these steps have been satisfactorily carried out, this is the end of the planning review process and they can move on to apply for municipal building permits from the relevant municipality. Additional developer and DUPM/municipal review shall be required for large projects to ensure compliance with DUPM-approved regulations and guidelines before they can apply for building permits.

The four step review of the proposal is carried out for the purpose of obtaining permissions for significant new developments. There are limited laws dealing with changes of use without actual building work. Following a successful review, a building or works permit then needs to be obtained from the relevant municipality. This is done by submitting the proposed drawings to the relevant municipality. There is no limit on the grounds under which the municipality can refuse permission.

Last modified 31 Aug 2020

Does public law control the detailed design, appearance and method of construction of any new building?

There is no formal objection process to challenge a planning decision made by the DUPM or municipalities. Generally, there are no formal consultation processes involving third parties.

Last modified 31 Aug 2020

Does public law control the detailed design, appearance and method of construction of any new building?

If it is part of a significant development it might be reviewed by the Ruler of the Crown Prince's Office.

Last modified 31 Aug 2020

Does public law control the detailed design, appearance and method of construction of any new building?

There is no set time frame, and this varies considerably in practice.

Last modified 31 Aug 2020

Does public law control the detailed design, appearance and method of construction of any new building?

There is no formal right of appeal. In practice, another application will be submitted.

Last modified 31 Aug 2020

Does public law control the detailed design, appearance and method of construction of any new building?

Non-binding Memoranda of Understanding are common between master developers and statutory utility suppliers. Binding agreements are common with providers of district cooling services, which are sometimes project financed. Formal agreements with local authorities are rare.

Last modified 31 Aug 2020

Does public law control the detailed design, appearance and method of construction of any new building?

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 Department of Urban Planning and Municipalities (DUPM) with retrospective effect.

As a result, all DUPM 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:

• Individual Projects - 2 years
• Master Plans - 3 years

DUPM 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 DUPM 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 DUPM. 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.

Last modified 31 Aug 2020

Does public law control the detailed design, appearance and method of construction of any new building?

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).

Time limits for validity of UPC approvals

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:

• Individual Projects - 2 years
• Master Plans - 3 years

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.

Last modified 31 Aug 2020