Global Compliance

Building regulations of the UAE

Introduction

The United Arab Emirates (UAE) is recognized as a booming market for construction projects, and in the last couple of years, it has announced a raft of mega projects.

The country practices a Civil Law system that mainly revolves around Civil Transaction Law Number 5 of 1985, as amended by Federal Law Number 1 of 1987 (the Civil Code) applicable to civil transactions. The construction specific laws consist of Federal and Emirate laws. Local municipalities of specific Emirate oversee building and construction standards in the UAE. These municipalities implement unified building codes and regulations to govern construction activities that aim to progress the construction standards in the UAE. Dubai Municipality Department of Buildings & Housing lays down an extensive Building Code Regulations & Construction Specifications that provides regulations, standards, codes of practice, guidelines and circulars about construction standards in their applicable Dubai.

The Building Regulations

UAE, a country known for its mega construction projects, from the tallest building in the world to the largest mall in the world. This concrete jungle is surrounded by luxurious hotels, shopping malls, and skyscrapers. In UAE, each Emirate has its legal framework that determines building and construction standards. Dubai and Abu Dhabi are a major hub for building projects in the UAE. Each Emirate’s Department of Economic Development (DED) issues trade licenses to conduct specific activities, following approval from the relevant municipality. The DEDs differentiate between, “commercial” activities, which incorporate related development exercises and “professional” activities, which includes undertaking, designing and task administration. Each contracting party in a task, regardless of whether local or international, must be authorized to complete its exercises in the pertinent Emirate. A license cannot comprise both commercial and professional activities. Thus, contractors requiring to take on design/build contracts have faced complications, although this can overcome by establishing two companies, one undertaking commercial activities and the other professional activities.

The categories of permitted construction-related activities vary from Emirate to Emirate but typically include: building contracting, steel construction contracting, sewage and waste contracting, water pipelines and stations contracting electric power station contracting, tunnel contracting, etc. In the case of registering a branch office to a foreign company to carry out construction or engineering services, the authorities usually require the foreign parent company establishing the branch to be owned by at least two shareholders.

The classes of allowed development related exercises shift from Emirate to Emirate however ordinarily include: building contracting, steel development contracting, Sewage and waste contracting, water pipelines and stations contracting electric power station contracting, burrow contracting and so on. On account of enlisting a branch office to a remote organization to complete development or designing administrations, the experts more often than not require the outside parent organization building up the branch to be claimed by no less than two investors.

Dubai:

Dubai is bound by both federal laws and laws particular to the Emirate of Dubai. The construction laws include Federal and local laws of Dubai. The general contract standards and a section on ‘Muqawala’ which relates particularly on construction related issues. Dubai Municipality lays down several regulations, principles, codes of practice, circulars and guidelines issued by and the free zones of TECOM and JAFZA in connection with building standards in their specific jurisdiction. Building Code Regulations & Construction Specifications of February 2004 concerns wide-ranging construction regulation including ventilation, carparks, elevators, balconies, etc. It also includes specifications for buildings such as healthcare, educational, petrol stations, Industries, warehouses, fitness, etc. These regulations and specifications incorporate building measures, condition, wellbeing and security rules, and other specialized conditions. Administrative Resolution Number 125 of 2001 concerning the appropriation of Building Regulations and Standards gives a point by point discourse about how to construct in Dubai Municipality represented regions. Comparative principles are utilized as a part of JAFZA and TECOM regions.

Building Code Regulations & Construction Specifications (the Building Code) of February 2004 approved by Dubai Municipality has incorporated codes for construction regulation in the Emirate of Dubai.

Article (5) of the Building Code designates town Planning Limitations

• No structure shall be allowed to be built on any Plot aside from its constant with the map occupied to the Bylaws for Classification for Lawful Use of Plots as issued by the Department of Planning and Surveying at the Municipality. Given the map, the number of floors of the Building, the functional use, its external setbacks, required parking space, percentage area permissible for construction and its floor area ratio, shall all be determined.
• Over the span of preparation of designs and façade architecture for several projects, the Arab and Islamic cultural identity and local architectural designs shall be contemplated, particularly in regards to buildings constructed in folkloric areas.

The Dubai Municipality also regulates the environmental code that varies for every industry and cover themes, for example, hazardous waste, ecological grants for various segments, the import of dangerous merchandise, and environmental construction laws in regards with safety regulations, organizations observed to be in working outside of these controls are liable to fines or punishments.

Dubai's Green Buildings Regulations and Specification as per the Circular Number 198 which is thought to be a standout amongst the most imperative enactment embraced by the legislature towards the environmental protection and additionally to guarantee individuals' wellbeing and welfare. As in 2014, when an aggregate of 44 green legislative structures had been developed, Dubai municipality declared the green buildings regulations and specification mandatory for governmental buildings and voluntary on for private buildings.

Abu Dhabi:

The Abu Dhabi Department of Municipal Affairs (DMA) has introduced Abu Dhabi Building Codes which is an arrangement of composed construction regulations that enable the development principles for construction in Abu Dhabi and is adapted from the International Codes distributed by the International Codes Council.

The codes are substantial to all construction projects in Abu Dhabi, including all private and commercial projects. The codes do not apply to exist projects unless the property owner presents an application to do upgrades to the existing building. In such cases, any adjustments or augmentations must consent to the new codes. Organizations which are not the inconsistency with the codes will be liable to punishments and fines. The Building Code's prerequisites for new buildings cover an extensive variety of characteristics, from energy preservation to light, ventilation, sanitation, building quality, maintenance and support from hazards like fire. The Abu Dhabi Building Codes are an advancement towards accomplishing the Abu Dhabi 2030 vision.

Glossary

• Building Code Regulations & Construction Specifications of February 2004: This concerns building codes and regulations by Dubai Municipality
• Federal Law (24) of 1999: Regards the protection and development of the Environment
• Federal Law (23) of 1999: Concerning the exploitation and protection and development of Living aquatic resources
• Federal Law (1) of 2002: Concerning Regulating Radiation
• Muqawala: It is a contract whereby one of the parties undertakes a task where the other party provides consideration.
• Federal Law Number 8 of 1980: Concerns Labor Law
• Administrative Resolution Number 125 of 2001: This legislation governs the appropriation of Building Regulations and Standards
• Plot: Any area of land identified by the length of its sides, its identification code reference, location and assigned for construction.